Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of seven bags of poppy husk - Where prosecution proved process of recovery by official witnesses, merely because independent witness though joined but given up as having been won over by accused, would not be fatal to prosecution case - Conviction upheld...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Recall of witnesses at the stage when statement of accused u/s 313 Cr.P.C. has been recorded, cannot be allowed on the plea that defence counsel was not competent and had not effectively cross examined the witnesses...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Mere change of counsel cannot be ground to recall the witnesses...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Mere fact that accused was in custody and that he would suffer by delay can be no consideration for allowing recall of witnesses, particularly at the fag end of trial...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Object of provision for recall is to reserve the power with Court to prevent any injustice in the conduct of trial at any stage - Power available with Court to prevent injustice has to be exercised only if Court for valid reasons feels that injustice is caused to a party...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Party is permitted to correct its bona fide error and may be entitled to further opportunity even when such opportunity may be sought without any fault on the part of opposite party - However, plea for recall for advancing justice has to be bona fide and has to be balanced carefully with other relevant..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Not a single specific reason has been assigned by High Court as to why recall of as many as 13 witnesses was necessary as directed in impugned order - No fault has been found with reasoning of order of trial Court which rejected the recall application - Mere observation that recall was necessary for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 4.5 kgs Charas - Independent witness not joined - DWs 1 & 2 stated that accused was arrested from his work place but nothing was recovered from him - I.O directly deposited case property with malkhana without bringing it to notice of i, charge of police station - Contradictions and..........
Evidence Act, 1872, Section 118 -- Evidence of child witness - Dowry death - There is lack of consistency and coherence throughout the statement of PW3 - PW3, being a child is competent enough but due to lack of coherence, consistency and uniformity in her testimony, her testimony cannot be relied upon without due corroboration - However, since there is no corroboration to..........
Indian Penal Code, 1860, Section 376, 452, 506 -- Rape - Inimical relations of PW5 and accused `S' - PW5, who has given direct evidence of rape, is an advocate and an accused in another rape case - He admitted that accused `S' and his brother lodged a case against him under the provisions of Protection of Forest Act - PW5 influenced the victim and her husband to lodged..........
