Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22(C) -- Recovery of 448 gms heroin - Non-joining of independent witness - There was sufficient opportunity for complainant and raiding police party to get public witness alongwith them at the time of raid, but no effort made by police party to make public witness of the occurrence - Non-joining of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 160 -- Recovery of 75 gms opium - Non-mentioning of names of persons who refused to join as independent witness impels Court to take view that it could be doubted whether actually police asked anyone to be a witness, which was very much required to prove recovery -..........
Indian Penal Code, 1860, Section 394 -- Robbery - Allegation that accused committed robbery of silver chain of daughter of informant - However, no recovery reported and there is no whisper about any effort being made for tracing out looted ornament - Identity of real accused also disputed and their presence on the spot is doubtful - PWs are vacillating and giving..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 3 -- Murder - Conviction - Testimony of sole eye witness - Reliability - Fact that sole eye witness being the son of deceased did not make any attempt to save his father and not even raised alarm for help, appears to be unnatural - Further, it is highly improbable that a son without making appropriate..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Testimony of witnesses not supported by any independent witness - Even, PW4 did not support prosecution case - Witnesses who were named in FIR not examined by prosecution - Moreover, turban belonging to accused not sent for chemical examination - No FSL report..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 23 -- Recovery of 4.6 kg, 5.1 kg and 5.1 kg Charas from three lady accused respectively - Non-joining of independent witness - Prosecution version not believable that despite so many public witnesses on the spot, none of them even disclosed his name - It would indicate that an endeavour was not made by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 630 gms Charas - Non-association of independent witness - Cannot be held to be fatal to prosecution case, particularly, when there was no independent witnesses available at the relevant time despite efforts made by police officials...........
Indian Penal Code, 1860, Section 307, 451, 34 -- Attempt to murder - Non-examination of independent witness though available with prosecution - Creates prosecution case doubtful...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(1), (2) -- Recovery of 136.1 kg Ganja from accused no.1 - Non-compliance of S.42(1), (2) of the Act - Recovery effected from tenanted premises of accused no.1 - S.42 of the Act is got attracted - However, immediately after search, information giving rise to search was neither diarized nor sent to superior..........
Motor Vehicles Act, 1988, Section 166 -- Accident - 100% permanent disability - Liability of insurer - Appellant who is an agriculturist, claimed that when he approached the tractor, driver was unable to bring it to a halt as a result of which it turned turtle and collided with appellant resulting in his sustaining grievous injuries - No independent witness produced by..........
