Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 376 -- Rape - Delayed FIR - Delay of 11 days in lodging FIR, not satisfactorily explained - Distance of police station being 2 kms from the place of occurrence - Nobody lodged police report till victim was found and victim herself lodged FIR - Delay is thus fatal to prosecution case as victim..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 8.800 kg opium - No document pertaining to transit of sample from police station to FSL was exhibited and proved at trial - Failure to prove such document lead to irrefutable inference that link evidence is breached - Prosecution failed to prove fact that sample remained intact till same..........
Indian Penal Code, 1860, Section 498A -- Cruelty - Deceased was serving in police department - In case deceased was given beatings by accused, she would have lodged complaint in Police station where she was working but no complaint was lodged - Prosecution failed to prove offence u/s 498-A IPC against accused - Accused rightly acquitted...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Court can suo motu order further investigation - Officer in charge of police station is empowered to conduct further investigating after informing Court and seeking formal permission - Formal permission of Court is only for the purpose that matter pending before Court is stayed till further final..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 580 kg poppy straw - Officer in charge of concerned Police station or empowered officer is under legal obligation to draw representative samples, prepare inventory and have photography done of seized contraband in presence of concerned Magistrate - Thereafter there would remain no need to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 180.450 kgs poppy straw (husk) - Confessional statement of accused - 8 bags of contraband were found on the top of bus - Exactly when confessional statement was recorded by PW 14 not forthcoming - Whether it was recorded in police station or whether it was recorded at the time of drawing up of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 53, 55 -- Contraband - Seizure, sampling, safe keeping and disposal of seized Drugs, Narcotics and Psychotropic substances - Measures to prevent substitution and pilferage from stores - Directions issued, viz. :(i) No sooner seizure of any Narcotic Drugs and Psychotropic and controlled Substances and..........
Indian Penal Code, 1860, Section 397, 302, 34 -- Robbery - Murder - Identification of accused - Eye witnesses had not seen the accused earlier and seen the accused only in police station after three months of incident and identified them as assailants - Thereafter eye witnesses identified the accused in Court - No test identification parade (TIP) was conducted by..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 61, 85 -- Release of seized vehicle - Vehicle involved in NDPS case - Recovery of 2.600 kg opium - Recovery effected from vehicle in question - Ownership of vehicle of petitioner is admitted fact, which was not required by investigating agency for further..........
Arms Act, 1959, Section 25 -- Offence u/s 25 of Arms Act - Neither any independent witness joined at the time of recovery nor it was within jurisdiction of I.O as it was a different police station, which even did not fall in the State, where the alleged offence has occurred - Accused acquitted...........
