Criminal trial -- Stock witness - Recovery of opium - Eye witness to recovery was a stock witness who had been cited as a witness in ten other cases u/s 15 of NDPS Act - These cases relating to the year 1995 (1 case), 1997(1 case) and 1998 (8 cases) - This witness not examined at trial and given up having been won over - Character of this witness cannot be impeached unless..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Opium - Recovery of - One out of many present on spot joined in investigation - One joined known to I.O. - That does not mean that he was a partial or stock witness - It is not necessary for the police to join all the persons in the investigation who were present on the spot...........
Penal Code, 1860, Section 325,34,326,34 -- Appreciation of evidence - Deceased was initially given blood of 'A - group - Subsequently, he was given blood of 'O+ - group as blood of 'A - group went out of stock - Doctor-witness deposing that he could not say if the patient died because of blood reaction or because of injuries suffered by him - Findings by the Sessions Judge..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Offer of search before Magistrate or a Gazetted Officer - Not so mentioned in FIR - Sought to be proved by oral evidence - Panch witness who was a stock witness of Police turned hostile - Not safe to rely on evidence of Panch witness, Inspector and Assistant Sub Inspector - Search and seizure not proved to..........
Criminal trial -- Stock witness - Appearance as a witness in two prosecution cases - Not a stock witness in absence of any other evidence to show he is a stock witness...........
