Forest Act, 1927, Section 41, 42 -- Theft of 22 logs of Khair wood - Neither Khair wood logs nor lorry in which it was being transported were produced, which renders the prosecution case fragile and unsustainable - Mere production of seizure memo does not tantamount to production of seized woods and lorry - Unless seized woods produced, mere production of a sample and in..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34 -- Recovery of motorcycle - Murder and robbery - No evidence on record that motorcycle recovered at the instance of accused belongs to him - Even no attempt made by I.O to enquire about owner of vehicle - PW2, was the witness of seizure of motorcycle - According to him motorcycle was red in color..........
Evidence Act, 1872, Section 27, Indian Penal Code, 1860, Section 302, 394, 34 -- Recovery of silver articles - Murder and robbery - Silver articles recovered at the instance of accused is alleged to have been that of deceased - However, no witness identifies silver articles as belonging to any of deceased - In absence of any identification of seized anklet, no reliance can..........
Indian Penal Code, 1860, Section 376(2)(i), 341, 323 -- Rape - Prosecutrix claimed that she was raped in the field which was recently watered and was slushy - If that fact was true, there would certainly have been mud stains on salwar of prosecutrix - However, I.O claims that salwar had mud on it, but admitted that said fact was not recorded by him in seizure memo - FSL..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of 4 kg opium - Search and seizure - Non-compliance of mandatory provision of S.57 of the Act - I.O never produced inventory, personal search memo, recovery memo before CJM - CJM therefore, not verified inventory prepared by I.O. - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 4 kg opium - Search and seizure - Cuttings and additions in Panchnama/memo made which are apparently visible - PWs not explained as to how these additions were made in this memo - Even Gazetted Officer not attested cuttings on documents and he has signed only last page of document, which raises..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 21.500 kg poppy husk - Search and seizure - Prosecution failed to explain as to how FIR number had come in reply/no, consent memo and recovery memo, as these were prepared much prior to sending of information to police, wherein there is mention of preparation of all these three documents - It..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 8(c), 20(b)(ii)(A), 29, 37 -- Bail - Recovery of charas, ganja and LSD stamps - Certified copies of arrest memo shows search and seizure doubtful - Arrest memo of accused reveals that they were arrested at 3.30 pm - Accused arrested 15 minutes prior to issuance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 400 gms charas - Search and seizure - Contention that in recovery memo, site plan, arrest memo etc, FIR number of case finds mentioned - Contention rejected, as FIR no. incorporated in said documents is in the blank space, which indicates that same filled up later on - Said fact got..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(c), 23, 28, 29, 67 -- Bail - Contraband - Seizure of - Discrepancies in drawing of sample, custody, conveyance and forensic examination inter alia that three samples of 5 gms drawn in place of sample weight of 24 gms as mandated instruction issued by NCB - Physical properties, weight of suspected..........
