Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 5 bags of poppy husk - Official witnesses - Conviction of accused solely rests on testimony of official witnesses - Testimonies of official witnesses cannot be brushed aside being interested witnesses but while considering its probative value, Court must also be cautious against false..........
Prevention of Corruption (Amendment) Act, 2006, Section 5(2), Ranbir Penal Code, 1989, Section 161 -- Illegal gratification - Appeal against conviction - Accused/official taking bribe of Rs.550 for issuance of jamabandi to complainant - Two independent witnesses were present during trap and there is no reason to disbelieve their testimony - Accused hand turned pink upon..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 kg of Poppy husk - Non-examination of independent witness - Mere fact that independent witness has not been examined by itselfnot a ground to discard the testimonies of official witnesses - But if the story of prosecution is suspicious and doubtful, thenstatements of official witnesses cannot..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 7 kg of Poppy husk - Accused acquitted viz. (i) independent witnessnot examined by prosecution; (ii) I.O completed the entire proceedings as to search and seizure within a short span of half an hour, which renders the entire proceedings shown to have been conducted by I.O at the spot, extremely..........
Criminal Procedure Code, 1973, Section 197(1), Indian Penal Code, 1860, Section 420, 409, 120B, Prevention of Corruption Act, 1988, Section 13 -- Sanction for prosecution - Offence u/ss 420, 409, 120-B IPC and S.13 of P.C.Act - Accused allegedly misappropriated public money while implementing the schemes in the course of their official duties - Acts of misappropriation as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25.50 kgs poppy husk - Plea of false implication - Accused neither alleged nor able to prove ill will or motive on part of PWs - Testimonies of police officials cannot be discarded simply on account of their official designation - Recovery of contraband from conscious possession of accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 995 gms opium - Non-joining of independent witnesses - Prosecution case cannot be thrown away merely on ground that independent witnesses not associated - Even, official designation of witnesses is itself no ground to reject their testimonies - But, when I.O. has opportunity to associate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 57 -- Recovery of 995 gms opium - Non-compliance of S.57 of the Act - PW3 categorically stated in cross-examination that he has not made any report u/s 57 of the Act - Even, he deposed that he does not know whether any official of their department made any report u/s 57 of the Act - There is total,..........
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 20 -- Recovery of 2 kg charas - Conscious possession - Accused found in conscious possession of 2 kg of charas - Official witnesses proved recovery effected from accused - Accused has not been able to point out any discrepancy/contradiction in the statements of official witnesses - There is also no other..........
