Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 3 kgs opium - Accused being a lady was personally searched by lady constable - But there is doubt regarding which lady constable conducted personal search of accused as PWs stated contradictory versions regarding personal search of accused - It shows that proceedings have not been conducted at..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 3 kgs opium - Material witnesses of recovery withheld by prosecution - Testimony of I.O totally uncorroborated - Witness of seal not examined - Uncorroborated testimony of I.O with respect to apprehension of accused along with bag containing contraband is not safe to rely upon and renders the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kgs of opium - Recovery effected from bag of accused which was in the hand of accused - Provision of S.50 of Act is not attracted...........
Negotiable Instruments Act, 1881, Section 138, Indian Contract Act, 1872, Section 23 -- Dishonour of cheque - Money received for securing a job - On failure to secure job accused returned amount by way of cheque - Cheque dishonoured - In a transaction in which parties are indulging in unlawful and illegal activity the machinery of Court cannot be used for recovery of such..........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - Recovery of stolen articles on the disclosure statement of accused - Accused along with two other co-accused looted the petrol pump after killing the security guard - As per disclosure statement of accused he had concealed the rifle robbed from security guard of petrol pump, four live cartridges and Rs.27,400/- -..........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - No information was sent by concerned police station to SHO regarding recovery - PW9, SHO stated that he only came to know about apprehension of accused from newspaper, does not inspire confidence at all - Version of PW9 renders disclosure statement as well as recovery itself doubtful - Accused acquitted...........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - Weapons not sent to FSL for examination - Two empty cartridges lifted from spot and pellets taken out from body of deceased not sent to FSL for examination to connect accused with said recovered empty pellets - No explanation was given for such lapses by prosecution - No efforts made for scientific evidence - Recovery..........
Negotiable Instruments Act, 1881, Section 138, Indian Contract Act, 1872, Section 23 -- Dishonour of cheque - Money received for securing a job - On failure to secure job accused returned amount by way of cheque - Cheque dishonoured - In a transaction in which parties are indulging in unlawful and illegal activity the machinery of Court cannot be used for recovery of such..........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - Recovery of stolen articles in the disclosure statement of accused - Accused along with two other co-accused looted the petrol pump after killing the security guard - As per disclosure statement of accused he had concealed the rifle robbed from security guard of petrol pump, four live cartridges and Rs.27,400 -..........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - No information sent by concerned police station to SHO regarding recovery - PW9, SHO stated that he only came to know about apprehension of accused from newspaper, does not inspire confidence at all - Version of PW9 renders disclosure statement as well as recovery itself doubtful - Accused acquitted...........
