Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Recovery of poppy husk - Non-compliance of provision of S.57 of the Act - Report u/s 57 of the Act prepared and sent to DSP by I.O and he had forwarded the same to SP without any delay - Statement of SI is on record that report was prepared and sent to higher officers and DSP also stated that on receipt of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Testimony of official witnesses - Prosecution examined six PWs, who were cross-examined at length and had withstood the test of cross-examination - Minor contradictions in testimonies of officials witnesses discarded - Contention of accused that there was no independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of poppy husk - Reduction of sentence - Accused was 40 years old at the time of conviction and now he is 58 years old and looking after his three grown up children - He is not a previous convict - Accused is out of jail for last about 18 years and as per custody certificate he was not involved in..........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Suspension of sentence during pendency of appeal against conviction - Recovery of 21 kg poppy husk - Accused had undergone total actual sentence of 4 months and 7 days - There is no case registered against him of similar nature - Appeal is admitted and it is..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of clothes and weapon - Trial Court disbelieved the recovery on two grounds that there was no memorandum statement of accused as required u/s 27 of Evidence Act and recovery of knife was from an open place accessible to one and all - Approach adopted by trial..........
Indian Penal Code, 1860, Section 394, 450 -- Offence u/ss 394, 450 IPC - Recovery of weapon of offence - Knife allegedly used by accused for inflicting injuries on eye witnesses was recovered based on statement given by accused - Accused has not seriously disputed recovery of knife or statement of accused, which led to recovery except for a vague question that no such..........
Indian Penal Code, 1860, Section 376, 302, 201 -- Rape and murder of 7 years old girl - Circumstantial evidence - Last seen theory, arrest of accused, recovery of dead body, do not conclusively complete chain of evidence and establish the fact - Circumstantial evidence against accused does not conclusively establish guilt of accused in committing murder of deceased -..........
Indian Penal Code, 1860, Section 302, 392, 397, 34 -- Murder - Accused `B' was arrested after one year from the incident - Test identification parade was also conducted after 13 months from the incident - Police officers were not taken to identification parade - Prosecution relies on recovery on key allegedly from accused `B', but this evidence is also disbelieved, as not..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Execution of promissory note in favour of plaintiff proved by PWs - Plaintiff had financial capacity to give loan - PWs deposed that payment was made in their presence - No contradiction in the evidence of PWs during cross-examination - Signatures of defendants on promissory note was not..........
Indian Penal Code, 1860, Section 302, 34, Evidence Act, 1872, Section 106 -- Murder - Burden of proof - When last seen theory is proved coupled with other circumstances such as time when deceased was last seen with accused, and recovery of corpse being in very close proximity of time, accused does owe explanation u/s 106 of Evidence Act with regard to circumstances under..........
