Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C) -- Recovery of 270 gms heroine - Accused acquitted as (i) Non joining of independent witnesses despite availability and no plausible explanation offered for non joining independent witnesses ; (ii) secret information not recorded in proper register duly maintained and there is no authenticity of such an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 105 kg ganja - Recovery effected at the instances of A1 and A2 - A3 who was the mastermind in supplying the contraband could not be arrested at the spot or soon thereafter - He surrendered in the Court but nothing incriminating was recovered from his possession or at his instance - A3's..........
Criminal Procedure Code, 1973, Section 195(1)(b)(ii), Indian Penal Code, 1860, Section 420, 471, 468, 467, 109, 34 -- Bar u/s 195(1)(b)(ii) Cr.P.C - Cheating and forgery - Investigating agency prima facie found that Process Server in connivance with two witnesses and petitioners prepared documents outside Court in revenue proceedings - Bar u/s 195(1)(b)(ii) Cr.P.C not..........
Evidence Act, 1872, Section 9 -- Test Identification parade (TIP) - Principle underlying exclusion of police from TIP is two fold: (i) to remove any undue influence of prosecuting or investigating agency on the identifying witnesses; and (ii) to comply with the provisions of S.162 Cr.P.C. which prohibits conduct of identification parades by police officers...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation or re-investigation - De facto complainant has not been put on notice of final report filed in the case on completion of investigation - He thus, had a right to file a protest petition and seek further investigation - Mere technical error of mentioning re-investigation in protest petition, cannot take..........
Criminal Procedure Code, 1973, Section 482, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Quashing of summoning order - Illegal gratification - Investigating agency found no evidence against petitioners and charge sheet/closure report was filed - Court without ordering further investigation cannot take cognizance against petitioners by appreciating..........
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 420, 467, 468, 471, 201, Prevention of Corruption Act, 1988, Section 13(2) -- Framing of charge - Cheating and forgery - Allegation that accused should have retired a year back but still serving and there is difference in his date of birth as far as service book and certificate concerned - Entry..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Court while exercising power u/s 173(8) Cr.P.C., should not interfere with statutory power of investigating agency by directing it to investigate the case from a particular angle or by a particular agency...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Defalcation and misappropriation of public money - No direct insulation of crime against petitioners - There is not even any whisper in any of FIR's about loss to exchequer as most of payments are not made - Shifting of work from one construction site to another is specific allegation against accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B -- Bail - Cheating - Forgery - Criminal conspiracy - Economic offences - Accused involved in tampering with answer sheets by illegal means and interfering with examination system, thereby securing top ranks for his daughter and other students - Large numbers of answer..........
