Indian Penal Code, 1860, Section 307, Arms Act, 1959, Section 25, 27 -- Attempt to murder - There is absence of independent evidence corroborating statements made by complainant/PW2 - Serious doubts regarding recovery of alleged motorcycle and country made pistol - Even, there is no connection proved between alleged recovered items and incident - More so, plausible version..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 120B -- Second anticipatory bail application - Cheating - Custodial interrogation of applicants is required for recovery of cash and gold jewellery both together amounting to approximately Rs.1.10 Crores - There is no ground for grant of anticipatory bail to applicants at this stage -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 21C, 23, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3 kg 546 gms heroin - Bail - Chance recovery - Recovery effected from the car and a weapon was also recovered from Border area at the instance of accused - Allegations against accused are serious - Accused is involved in four more cases..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - PW7 turned hostile - Alleged recovery of incriminating material recovered at the instance of accused rejected by trial Court - As regarding extra judicial confession made by PW4, same being weak piece of evidence, cannot be relied upon unless there is some corroboration - Accused rightly acquitted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, Arms Act, 1959, Section 3, 25 -- Recovery of 10 kg opium and firearms - Seals affixed upon contraband so seized by police authorities were intact when sent for FSL - Provisions of Ss.42, 50 of the Act are not attracted in the case - No cause is made out for interference in impugned judgment of conviction..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, 27A, 36A(4), 37 -- Default bail - Recovery of contraband - Delay in sending samples to FSL and delay in receipt of FSL report - In FSLs concerned, where despite sufficient manpower being available yet for delayed examinations of the stuff inside sample cloth parcels, as become transmitted thereto,..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15C, 29 -- Bail - Recovery of 125 kg poppy husk - Accused is in custody for last 9 months and 19 days and he is not involved in any other case - Custodial interrogation of accused is not required and conclusion of trial will take some time - Accused thus, directed..........
Criminal trial -- Recovery of blood stained shirt of accused - Matching of blood group - Mere matching of blood group itself is not sufficient to convict accused when recovery of shirt of appellant is unbelievable as witness to recovery had turned hostile...........
Criminal trial -- Matching of blood group - Even assuming that blood group matches completely, that alone cannot lead to a conclusion of the culpability of accused in the absence of a detailed serological comparison and it cannot be used as an incriminating piece of evidence as against the appellant, when especially, the recovery of the shirt of the appellant is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 27A -- Recovery of smack - Remand order - Accused was in possession of smack which he wanted to sell to co-accused - It is not near to word financing as used in S.27-A of the Act - At the time of remand of accused, objection was raised on his behalf that there are not sufficient grounds to remand accused u/s..........
