Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 300 gms opium - Recovery effected from accused who is a government employee - Prosecution has not even tried to bring any evidence that once a Government official is alleged to be possessing narcotic substances then what was its source to obtain - Benefit of doubt thus, given to accused -..........
Arms Act, 1959, Section 25(IB)(a) -- Acquittal - Appellants filed appeal against conviction for the offence u/s 25(IB)(a) of the Act - Held, in case of secret information the investigating agency must join some independent witnesses - There is no plausible reason brought on record by the prosecution that why no independent witness was joined at the time of effecting..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 5 kgs poppy husk - Reduction of sentence - Incident occurred 22 years ago - Accused was 37/38 years old at the time of recovery - No other criminal case is registered against accused - Sentence reduced to period already undergone by him - However, payment of fine of Rs.1000 shall remain intact...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 50 kgs poppy straw - Reduction of sentence - Incident occurred in 2001 and more than 22 years have elapsed - Accused not involved in any other case - Sentence of accused reduced to period already undergone by him - However, payment of fine of Rs.10,000 shall remain intact...........
Indian Penal Code, 1860, Section 302, 364, 201 -- Double murder case - Circumstantial evidence - Recovery of spade and bullock - Recovery effected after 3-1/2 months and there is no independent witness to such recovery - Spade otherwise not sent to forensic examination - Specific circumstance with regard to recovery has not been put to accused u/s 313 Cr.P.C - Recovery not..........
Criminal Procedure Code, 1973, Section 446(3) -- Forfeiture of bail bond - Order of recovery of Rs.1 lakh from surety - Appellant is poor farmer of remote village - Nothing on record to show that appellant has not made sincere endevaours to trace and produce accused before Court - It would be onerous for appellant to deposit entire amount of Rs.1 lakh which if not paid his..........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Direction for investigation - Allegations when warrant recovery of documents or other material objects which are in physical possession of accused or other persons then investigation is to be ordered as in such a case complainant will not be in a position to retrieve the relevant evidence..........
Indian Penal Code, 1860, Section 302, 307, 326, 323, 325, 148, 149 -- Murder - Discrepancies found in testimonies of eye witnesses - Prosecution failed to produce any independent witness to corroborate their version - Recovery of weapons not proved - Blood found on the clothes of accused is doubtful to be of deceased, as it is difficult to believe that accused were wearing..........
Family Courts Act, 1984, Section 7 -- Recovery of dowry amount and gold ornaments - It is a right of woman to file a suit to recover amount and gold from person who held dowry in trust - If that person has not transferred trust property in favour of woman, claim for recovery of dowry amount and gold ornaments is permissible in law...........
Stamp Act, 1899, Section 47A(3) -- Deficient stamp duty - Recovery - Limitation - Period prescribed for initiation of proceedings under the provision is three years - No notice can be issued after expiry of three years...........
