Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(i) -- Recovery of 6 kg ganja - Independent witnesses not supported seizure made by PW7 - No evidence on record to show that articles seized from possession of accused were kept in police malkhana and in safe custody in police station - There is no evidence that in whose custody bulk in attache..........
Land Acquisition Act, 1894, Section 23, 18 -- Acquisition of land - Compensation - Market value - Recourse can be taken in appropriate cases to the mode of determining the market value of acquired land by providing appropriate escalation over the proved market value of nearby lands in previous years where there is no evidence of any contemporaneous sale transactions or..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Subsequent disclosure of recovery items which was already recovered at the instance of other accused cannot be relied upon as re-disclosure is not admissible in evidence...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 120 kgs of poppy husk - Accused alleged to be carrying 120 kgs of poppy husk on the fitter rehra (vehicle) - Ownership/possession of said fitter rehra was not proved by prosecution - Out of two independent witnesses one declared hostile and other won over by defence - Both witnesses speaking in..........
Evidence Act, 1872, Section 27, 25 -- Disclosure statement of accused can not be relied upon when no recovery is made pursuant to said disclosure statement u/s 25 read with S.27 of Act...........
Indian Penal Code, 1860, Section 364A, 302, 201, 120B -- Kidnapping and murder - Total cumulative effect of entire evidence reinforces the conclusion of guilt against respondent No.2 - Chain of evidence against respondent No.2 does not lead any scope for doubt and in all human probability, act of kidnaping, murder and destruction of evidence must have been done by him - As..........
Evidence Act, 1872, Section 138 -- Cross examination - Matrimonial proceedings - Husband examined but not cross examined despite opportunity - Cross examination was recorded as `Nil' - In matrimonial proceedings it is always expedient in the interest of justice to permit cross examination especially when witness is husband or wife - Wife given an opportunity to cross..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Rape - Neither any evidence adduced by prosecution nor any investigation conducted to establish that accused belonged to non SC/ST community - Moreover, no evidence on record to prove that accused had committed rape with PW1 because she was a member of SC/ST community - Offence..........
Evidence Act, 1872, Section 11 -- Plea of alibi - Witnesses who have been examined on behalf of defence to prove alibi of accused persons have made inconsistent statements which is highly unreliable - Burden of proving an alibi is on accused but accused failed to prove the same - Plea rejected...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Evidence Act, 1872, Section 27 -- Recovery of opium - Disclosure statement - Accused pleaded that he was in custody in connection with FIR No.95 and while in custody, he suffered a disclosure statement and led to discovery of contraband articles regarding said FIR and said statement cannot be taken aid of..........
