Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(2)(a), 58(2) -- Recovery of 270 gms ganja - Secret information - Accused himself had given secret information by presenting himself to the office of Narcotic cell and stated that one person used to sell the ganja in large scale - Said information was proved to be false and quantity of leaves of cannabis..........
Motor Vehicles Act, 1988, Section 149 -- Liability of Insurer - Policy being limited only to use of carriage (bus) for carrying passengers in accordance with permits issued, and permit itself not having been proved to be permit to ply bus in city - No error in Award of Tribunal, granting recovery rights to insurance company, bus having been involved in accidence at place..........
Civil Procedure Code, 1908, Order 15A(Andh -- Application U.O.15-A CPC - Maintainable only in suit for recovery of possession on basis of termination of lease or licence, where such lease or licence is admitted - Application is not maintainable in suit for declaration and injunction that too at the instance of defendants - Application rightly dismissed...........
Opium Act, 1878, Section 4, 9 -- Recovery of 3 kg opium - Link evidence - Accused acquitted viz; (i) Independent witnesses of alleged recovery became hostile; (ii) Samples drawn from two bags were not matched with FSL report, which rendered the case doubtful; (iii) there is no evidence of proper preservation and keeping the samples intact during unexplained long time,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 16 kg charas - Chance encounter - Though there was information of persons carrying charas but the mode and modality of recovery and arrest of accused was mere chance and not upon search and seizure by any raiding party - Even pro-forma for seizure as exhibited, clearly mentions that it was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 22C -- Recovery of 16 kg charas - False implication - Recovery effected from dicky of motorcycle being driven by accused - Defence had not denied the recovery of charas but stated that same was planted by police - However, defence neither shown nor suggested to any of PWs with regard to any enmity..........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained sword from the house of accused - However, FSL report did not find any human blood on the sword - Attesting witness of memo of site of crime inspection declared hostile - Prosecution did not submit any explanation about sword, which was collected from site of crime - Recovery is doubtful...........
Indian Penal Code, 1860, Section 302 -- Murder - Recovery of blood stained clothes of accused - Blood group of deceased was found on clothes of accused, however, prosecution failed to establish that accused was not having the same blood group - No explanation as to why independent witness was not procured at the time of recovery - Evidence of blood stained clothes cannot..........
Indian Penal Code, 1860, Section 364, 302, 201, Evidence Act, 1872, Section 118 -- Kidnapping and murder - Testimony of child witness - PW7 a child witness aged 8 years throughout remained consistent as to fact that deceased was last seen with accused whereas accused not came out with an explanation whatsoever as to what happened to deceased after he parted company with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c) -- Recovery of 5 kg heroin - Mention of FIR number along with date on seizure memos or non examination of person who had taken Ruqa for registration of FIR does not impinge on the veracity of prosecution case in any manner...........
