Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 12 grms smack - Non-compliance of provision of S.50 of the Act - Deputy Superintendent of Police offered himself for conducting search - Prosecution has completely failed to comply with mandatory provisions of S.50 of the Act - Accused acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Recovery of 12 grms smack - No material available on record to meet out all steps as enacted in the Act - Accused acquitted as State failed to lead evidence to meet out the legal provision of the Act...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted subject to offered payment - Process of criminal law particularly in matters of grant of bail is not akin to money recovery proceedings - Anticipatory bail can be granted irrespective of any payment or any offer of payment - Order granting anticipatory bail affirmed but condition therein of payment..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of dead body of deceased - No confessional statement of A-3 was recorded u/s 27 of the Act with regard to recovery of dead body - Prosecution thus, failed to prove the circumstance that dead body of deceased was recovered at the instance..........
Indian Penal Code, 1860, Section 302, 364, 365, 380, 395, 34, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of spade at the instance of A-1 - Recovery effected from a place which was already known and not exclusively within knowledge of A-1 - Recovery is not reliable - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Circumstantial evidence - Identification of rings worn by deceased - Naib Tehsildar has stated that at the time of recovery of dead body, she noticed that rings in the hand of deceased - However, neither father nor brother of deceased stated that seized rings belonged to deceased and they had seen the rings in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 557 injections of Avil (10 ml each), 198 injections of Burenorphine (Leegesic) (2 ml each), 76 injections of Buprenorphine (BI Norphine) (2 ml each) and 20 injections of Pentazocine Lactate (Pencab-P) (1 ml each) - No recovery effected..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1 kg 555 grms charas - Petitioner is in custody since 30.3.2021 - Trial is not likely to be concluded in near future - There is nothing on record to suggest that delay in trial is attributable to accused - Bail granted to accused...........
Indian Penal Code, 1860, Section 302 -- Murder of parents by their own son - PW2 stated that accused is a school teacher and he had very lovely relation with his parents - No evidence on record that accused was last seen together with deceased - Post mortem report depicts involvement of two persons in the crime - Recovery of bricks and clothes at the instance of accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15(c) -- Contraband - Recovery allegedly effected from the trolley standing in the land of accused - No evidence has been adduced by prosecution to show that land in question was either owned or possessed by accused - Contraband recovered from accused was produced before SDJM but same was not deposited back in..........
