Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of contraband - Search and seizure - In the presence of Tehsildar who was not performing the duties of Executive Magistrate - Tehsildar was however a Gazetted Officer - Held, since Tehsildar is a Gazetted Officer, as such requirement of mandatory provision of S.50 of the Act is fulfilled...........
Indian Penal Code, 1860, Section 302 -- Murder - Last seen evidence - Deceased was last seen with accused - Dead body of deceased recovered after several days - Post-mortem conducted after a week of recovery of dead body - Doctor opined that deceased was murdered one week prior to conducting post-mortem - There is no reason to disbelieve opinion of Doctor - Accused persons..........
Indian Penal Code, 1860, Section 302 -- Murder - Extra-judicial confession - Accused and deceased were real brothers but their mother declared hostile - All three eye witnesses also turned hostile - No medical opinion that injuries sustained by deceased were sufficient to cause death in ordinary course of nature - Recovery of blood stained lathi not duly proved - Since all..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of Charas - Search and seizure - Official witnesses have not supported prosecution case - Both independent witnesses stated that their signatures were obtained on plain papers and pieces of clothes - They have denied recovery of contraband from accused persons and were declared hostile - Major..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 118 -- Murder - Child witness - PW4 was 12 years old at the time of occurrence and was playing near her mother when his mother was murdered by his maternal uncle - He stated as to how accused caused injuries to his mother in his presence - This witness was subjected to extensive cross-examination but nothing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Non-examination of independent witness - Prosecution is not obliged to examine a witness who has been won over by accused and likely to turn hostile in case examined before court - It is always open to accused to examine such a witness in his defence and Court itself may also call..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of poppy husk - Secret information - Non-compliance with provision of S.42 of the Act may not vitiate the trial if it does not cause any prejudice to accused - Contention raised by accused for no, compliance of mandatory provisions of S.42 of Act is untenable...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Delay of six days in sending samples - If there is cogent evidence that no link evidence is missing and contraband was seized from accused and seals put on sample were intact till it was handed over to chemical examiner, delay itself is not fatal to prosecution case - Conviction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Accused contended that there is no evidence in respect of ownership of house from where recovery was effected and said house being accessible to all - Accused was found present at spot and recovery was effected in presence of accused thus contention as to house being accessible to..........
Evidence Act, 1872, Section 27 -- Joint disclosures - Information should be given without any break and almost simultaneously to avoid criticism from the stand point of credibility and nexus with recovery - Admissibility and credibility are two different aspects - Whether and to what extent such a simultaneous disclosure could be relied upon by court is really a matter of..........
