Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Brown sugar - Recovery of one kilogram - Sample contained 4.9% Dyecetyle Morphine which comes to 50 grams - Recovery falls within the ambit of non commercial quantity - During custody one leg of accused amputated - Accused now more than 50 years of age - Conviction maintained but sentence reduced to period..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b), Criminal Procedure Code, 1973, Section 100 -- Recovery of 9.440 grams heroin - Recovery effected in pursuance of prior information - Investigator went to scene of occurrence without any witness - Efforts made to join independent witnesses but they refused - No action taken against persons who..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Recovery proved - No explanation as to how it came into his pocket - Mere statement that he was called in the police station and was implicated in the case is not sufficient in the absence of any allegation of bias or enmity against the police or other witnesses for implicating him in the false..........
Prevention of Corruption Act, 1988, Section 20(1) -- Illegal gratification - Recovery proved - Presumption u/s 20(1) of the Act is attracted that accused accepted or obtained any gratification unless contrary is proved...........
Indian Penal Code, 1860, Section 395, 376(2)(g), 458 -- Dacoity and gang rape - Prosecution allegations that 8 persons with muffled faces broke open the house, attacked complainant with deadly weapons, committed rape on two female members and looted property - Delay of 6 months in sending finger prints lifted from spot for comparison not explained - Eye witnesses not asked..........
Evidence Act, 1872, Section 25 -- Confession by accused - Admissibility - Accused apprehended and confessed having committed double murder - Confession led to recovery of blood stained shirt - Held, confessional statement is admissible in evidence in so far as it is favourable to him either for consideration of acquittal or for modifying conviction...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 57 -- Charas - Recovery of 100 gms. - It was 93 grams when it reached Laboratory - Creates serious doubt that article sent to laboratory was the recovered article - Specimen of seal prepared at the spot not filed in Court - No evidence that Charas deposited in Malkhana and taken to Laboratory was put up..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 100(4) -- Recovery of charas - Independent witnesses - Names of persons who did not join even after asking for joining not disclosed - No action taken against such persons - No real and sincere effort made to join independent witness - It is imperative for IO to join an..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Link evidence - Delay of 6 days in sending sample to laboratory - Delay not explained - Prosecution did not led any evidence that it was not tampered with - Fatal to prosecution case as the possibility of tampering with the same not ruled out...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 20 -- Recovery of charas - Non compliance of Section 55 of the Act - Effect of - Case property not produced before area Magistrate - No explanation for the same - Breach of Section 55 fatal...........
