Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 2 kg charas - Independent witness PW4 not supported prosecution case - No ground to discredit or discard the testimonies of official witnesses, particularly when accused has not alleged or proved any ill will or motive on their part to falsely implicate him...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 5 kgs heroin - Non examination of independent witness - Mere no, examining of independent witnesses is of no consequence, when evidence of official witnesses to prove recovery is cogent, convincing, creditworthy and reliable - Moreover, there was no reason on part of official witnesses to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy straw - Non-examination of independent witness as having been won over by accused, is no ground to reject the prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 7.500 kg charas - Non-handing of seal to any public witness - Not fatal to prosecution case in view of no, joining of independent witness and where the samples seals were received intact - Conviction upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 7.500 kg charas - Non-joining of independent witness - Not fatal to prosecution case where efforts had been made to join public persons but none agreed...........
Indian Penal Code, 1860, Section 302 -- Murder - Motive - Allegation of previous enmity between accused and deceased family not proved - Except PW10, brother of deceased, no other independent witness was examined to prove that deceased rebuked accused and serious doubts arise as to motive suggested and alleged previous enmity - Motive, held, not proved...........
Indian Penal Code, 1860, Section 302 -- Murder - Extra-judicial confession - It is doubtful that accused approached PW12 making extra-judicial confession and requested him to save him as PW12 is a member of Gram Panchayat and not a person of influence with police - - More so, PW12 is not an independent witness - Extra-judicial confession does not inspire confidence and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Once an independent witness was associated in investigation, it was not necessary that driver of private vehicle of police party should also have joined - As it is not statutorily provided that each and every independent person who happens to be present at the spot must be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Non-examination of independent witness - Where independent witness has been joined but not examined as having been won over by accused, is no ground to reject the prosecution case...........
Criminal Procedure Code, 1973, Section 100(4) -- Search - Independent witness - A witness always accompanying the police as witness is not a respectable independent witness as stated u/s 100(4) Cr.P.C...........
