Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 22(c), 35, 54 -- Recovery of 96 kgs Ganja - Culpable state of mind of accused - Presumption - Recovery effected from dickey of car occupied by accused - Seizure list was prepared in presence of PW5, Circle Officer - Accused was arrested while trying to escape from car - Police witnesses supported..........
Indian Penal Code, 1860, Section 304(Part II) -- Culpable homicide not amounting to murder - Accused truck driver allegedly crushed constable/deceased - Two witnesses admitted that it was dark night at the time of occurrence and accused ran away after crushing deceased - They could not see in which direction accused ran away due to darkness of night - At the relevant time..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35 -- Transportation of 53.950 kg 9 Ganja - Culpable mental state u/s 35 of NDPS Act includes intention, motive, knowledge of a fact and belief in or reason to believe a fact - However, it is for defence to prove that accused had no such mental state with respect to act charged as an offence in that prosecution...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35(2) -- Transportation of 53.950 kg Ganja - Culpable mental state of accused - Accused u/s 35(2) of the Act is required to prove beyond a reasonable doubt that he had no culpable mental state with respect to act charged - General principal regarding discharge of burden by preponderance of probabilities is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 35, 54 -- Recovery of 101 kg poppy straw - Conscious possession - Presumption - Accused alone driving vehicle with a large consignment of 101 kg poppy straw, which leaves no doubt that he was in conscious possession of same - Onus thus shifts upon accused to rebut statutory presumption against culpable mental..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 35, 54, Evidence Act, 1872, Section 101, 102 -- Conscious possession - Burden of proof - Initial burden of proof lies on prosecution and once the same is discharged, burden shifts on accused - Once possession is established, Court can presume that accused had necessary culpable mental state and has committed..........
Indian Penal Code, 1860, Section 302, 304 -- Nature of offence - Three stages in order to find out whether offence is murder or culpable homicide not amounting to murder are : (i) whether accused has done an act resulting into death of another; (ii) whether prima facie act of accused amounts to culpable homicide as defined u/s 299 IPC; and (iii) consideration of..........
Indian Penal Code, 1860, Section 304Part -- Culpable homicide not amounting to murder - Common object - Property dispute between parties - Incident occurred all of a sudden without any premeditation - It was free fight between two family members - Both sides suffered injuries during altercation - Involvement of accused spoken by eye witnesses including injured eye..........
Indian Penal Code, 1860, Section 304Part -- Culpable homicide not amounting to murder - Quantum of sentence - Free fight between parties - Both sides suffered injuries - Accused immediately reported matter to local police alleging complainant party was aggressor - No antecedent or involvement in any other criminal case reported against accused - Sentence of A-2 and A-4 for..........
Indian Penal Code, 1860, Section 304 -- Culpable homicide not amounting to murder - Out of three eye witnesses of occurrence, two of them injured who clearly stated that it was accused and accused alone, who opened fire from the main door of his house, resulting into death of deceased - However, injuries also sustained by accused, which shows that scuffle between parties..........
