Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Poppy husk - Recovery of 119 bags - 5 bags produced in Court - As the recovery is quite huge as such no adverse inference can be drawn against prosecution for not producing all the recovered bags - Moreover IO at the time of recoding the statement has produced the samples of articles taken from the..........
Consumer Protection Act, 1986, Section 2(1)(d) , 21(b) -- Revisional jurisdiction - Consumer - PCO connection - Franchisee Agreement - A copy of the Franchisee Agreement' sought to be brought on record - This plea of the 'Franchisee' not having been taken before both the lower Fora especially when this was within the knowledge of the petitioner - Adverse inference drawn..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 114(g) -- Poppy husk - Recovery of 125 bags from a truck - Independent witness - When prosecution apprehends that independent witness will not support its version at the trial even then it is necessary for prosecution to examine him to reveal the truth - Adverse inference has to..........
Medical and Occular Evidence -- Variance - Oral evidence has to get primacy and medical evidence is basically opinionative - It is only when the medical evidence specifically rules out the injury as claimed to have been inflicted as per the oral testimony, Court has to draw adverse inference...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 23 -- Accused alighted from train - She was having a bag containing motor parts - Each part contained heroine weighing 5.540 kg. - Testimony of official witnesses were consistent and reliable and there was no contradiction in their testimony - There was no hostility between official and accused - Accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 23 -- Recovery of heroin from Pakistani national - Independent witnesses given up being won over and only official witnesses examined - Held, no adverse inference can be drawn against prosecution for the same as testimony of official witnesses was reliable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Recovery of - Public witness - Not examined - Adverse inference cannot be drawn when only independent witness is given up by the prosecution as won over by accused...........
Insurance claim -- Repudiation - Loss of two Barges on account of drifting into deep sea not proved by appellant - No salvage operation was carried out as alleged by appellant - Members of watch and ward whose notarized statements were produced, never produced before surveyor for interaction despite repeated requests - Adverse inference rightly drawn against the appellant..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 114 -- Poppy husk - Recovery of - Only independent witness won over and given up - No adverse inference can be drawn...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 114(g) -- Seal after use was handed over to a constable who has not been examined - Adverse inference drawn against the prosecution under S.114(g) of the Evidence Act...........
