Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27(b) -- Contraband - Beedi allegedly containing ganja being smoked by petitioner has not been subjected to any forensic analysis - Prosecution against petitioner for offence u/s 27(b) of the Act cannot be permitted to continue - Proceedings quashed...........
Indian Penal Code, 1860, Section 302 -- Murder - Accused was caught on the same day of incident along with weapon of offence - Forensic report and other evidence proved that knife recovered from accused was used in the commission of crime and blood found on the same is matched with blood of deceased - Eye witnesses are reliable - Entire evidence put together by prosecution..........
Indian Penal Code, 1860, Section 307 -- Attempt to murder - Accused caused fire arm injury to injured as per prosecution case - However, prosecution failed to establish that it was a fire arm injury and injury has been caused by accused to injured, coupled with lack of forensic evidence - Recovery memo is also doubtful - Independent witness has denied prosecution story at..........
Consumer Protection Act, 1986, Section 23 -- Insurance claim - Repudiation - Fire broke out at insured's warehouse - Cause of fire - Report of surveyor's although comprehensive otherwise, is inconclusive on the aspect identifying the actual cause of fire - Since, the surveyor's report only relies on the Forensic Examiner findings, it would be unsafe to rely on the said..........
Criminal Procedure Code, 1973, Section 311 -- Recall of complainant for further examination - Complainant was examined before report of CFSL (Central Forensic Sciences Laboratory) came - At the time of initial deposition there was no occasion for complainant to bring relevant facts before Court which arose after CFSL expert was examined - Moreover, if opportunity is given..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signature of accused on cheque is genuine and nor forged as per forensic examination - Defence of accused is that his cheque book had been fraudulently obtained by complainant by forging his application - However, bank witness deposed that other cheques from same cheque book issued by..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Verification of signatures from private expert - Even, private expert must be a person of repute having good experience in the field - Court thus, expected to assign the matter to named private expert or it may assign it to State Forensic Science..........
Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Reserve Bank of India (Frauds Classification and Reporting by Commercial Banks and Select FIs) Directions 2016 ("Master Directions on Frauds") -- Challenge thereof - Principle of audi alteram partem - Principles of natural justice - The court held that the appellant's account was rightly classified as fraud because the forensic audit report contained adverse findings..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Once charges are framed u/s 228 Cr.P.C, High Court would not be justified in invoking its inherent jurisdiction u/s 482 Cr.P.C to quash proceedings in Sessions case except in those rare cases where forensic exigencies and formidable compulsions justify such a course...........
