Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Trap Case - When trap is without verification of demand then it is essential to have truly independent witnesses - In the instant case Panch witness had previously acted as a panch for Anti Corruption Bureau (ACB) on about 3 to 4 occasions - Selecting such a witness casts doubt on the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Contraband - Chance recovery - Non-joining of independent witness - Not fatal to prosecution case where an attempt was made to make independent public persons to join the search and seizure but no one obliged the police party - More so, all those persons who were requested by police party, left..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 108 packets of Poppy husk - Non-examination of independent witness - Mere no, examination of independent witness by itself not a ground to discard testimonies of official witnesses, if those are found to be trustworthy and credible - But at the same time, where independent witness is associated..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 108 packets of Poppy husk - Non-examination of independent witness - Admission of I.O with respect to difference of signatures of independent witness on different memos and he being a convenient person to police, clubbed with his no, production in witness box by prosecution, renders his..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 108 packets of Poppy husk - Appeal against conviction - Accused acquitted viz. : (i) Independent witness not examined; (ii) consent memos have been fabricated later on just to complete the paper work; (iii) documents have not been prepared in the manner projected by prosecution, which renders..........
Indian Penal Code, 1860, Section 302, 307, 326, 324, 427, 436, 435, 452, 147, 148, 149 -- Murder - Unlawful assembly - Testimony of sole witness - All PWs not supported prosecution case except PW 12 wife of deceased - PW12 concentrated only upon roles of those accused who were directly responsible for having committed certain overt acts - Out of large body of 34 accused,..........
Indian Penal Code, 1860, Section 302, 404, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - FIR was promptly lodged and injuries on person of deceased also shows use of more than one firearm injuries - Even, recovery of weapons from accused persons completely proved on record - Moreover, certain inconsistencies in version of eye-witness does..........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 34 -- Dying declaration - Murder - Name of accused `R' not mentioned in dying declaration - Word `jeth' referred in respect of accused `R' was not proved as he was neither real brother of accused `B'/ husband of deceased nor his cousin - More so, no eye witness to corroborate that in dying declaration..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 3 kgs charas - Appeal against conviction - Non-joining of independent witnesses - Rule of prudence demands that there should be some corroboration through independent source of statements of official witnesses but there is no rule that evidence of police officials cannot be accepted unless..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kgs poppy husk - Appeal against conviction - As per wife of accused, accused falsely implicated by SHO but said defence never taken by accused in their statements u/s 313 Cr.P.C. - Even, recovery memo in which 39 bags of contraband is recovered from possession of accused, were taken into..........
