Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 2 kg heroine - Search and seizure - Non-examination of independent witness would not appear to be fatal to prosecution case, when there is no major contradiction in statements given by 5 PWs, to raise any doubt regarding credibility of prosecution case as a whole - Delay of 7 days in sending..........
Indian Penal Code, 1860, Section 354, 354A, 354B, Protection of Children from Sexual Offences Act, 2012, Section 10, Evidence Act, 1872, Section 118 -- Outraging modesty of 4 years old girl - Testimony of child witness - Accused aged 65 years outraged modesty of 4 years old girl by touching her vagina - Prosecutrix was immature and did not know the consequence of accused's..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 29 -- Recovery of 1 kg charas - Accused acquitted, as following lapses become evident: (i) Mandatory provisions of Ss.42(2), 52-A of NDPS Act violated - No written information to superior police officer by officer-i, charge of police station was sent thereby violating S.42(2) of NDPS Act; (ii) said..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - Recovery of weapon of offence - Mere recovery of lathi from house of accused is not enough to point out finger to accused, particularly, when I.O. has not sent exhibits to FSL for examination...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22 -- Framing of charge - Petitioner found in possession of 3 gms of heroin and 50 gms of methaqualone - As per FSL report, chemical test of methaqualone was found negative - Charge framed against petitioner u/s 8/22 of Act, set aside and charge framed u/s 8/21 of the Act maintained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 25 -- Recovery of 3.640 kg opium - Secret information - Search and seizure - Witnesses proved recovery of contraband from accused - There is due compliance of mandatory provisions of the Act - FSL report proved that recovered contraband was opium having 3.2% Morphine - Sample parcels and seals were intact -..........
Indian Penal Code, 1860, Section 302, 304(Part I) -- Nature of offence - Accused allegedly entered the room of deceased and inflicted one blow on head of deceased - Sword was recovered from possession of accused and according to FSL report, blood group of blood found on sword matched with deceased - However, there is no evidence of motive to kill deceased - Moreover, it is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 20(b)(ii)(B) -- Recovery of 95 kg ganja - Secret information - Statement of recovery witnesses is doubtful and suspicious - Two recoveries effected - Second recovery effected from tenanted premises not supported by public witness - Statement of police officials otherwise became suspicious in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of charas - Sample taken out at spot - However, no mention as to weight of sample - It is also not mentioned in the FSL report - It creates doubt on the prosecution case - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Recovery of charas - Charge sheet filed on 10.09.1996 - FSL report prepared on 23.10.1996 - Charge sheet submitted before receiving report of forensic lab - I.O. never saw the case property nor he tried to see it - Investigation conducted by investigation officer not fair - Accused acquitted...........
