Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b), 27A, 29, 36A -- Contraband - Challan presented without FSL report - Contention that report of FSL form very foundation of case of prosecution and is an integral part of challan cannot be brushed aside - Default bail granted...........
Indian Penal Code, 1860, Section 376, 450 -- Rape - Once Court believes version of prosecutrix, that is sufficient to establish offence punishable u/s 376 IPC - Failure of police to send sized articles to FSL ceases to have any significance in such a case...........
Evidence Act, 1872, Section 32, Indian Penal Code, 1860, Section 302, 328 -- Oral dying declaration - Murder - Brother of deceased stated that deceased made declaration before doctor, but such doctor has not been examined - No material on record to show that deceased was in a fit mental condition at the time of making dying declaration - There are certain discrepancies..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Dead body and weapon are admittedly recovered at the instance and on basis of information given by accused - FSL report shows that soil available on knife, cycle, shoes of accused and soil available on scene of crime are similar - Prosecution has established the chain of circumstances with utmost..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - In appeal accused sought summoning of bank details to prove capacity of complainant to advance a huge amount and to get FSL of disputed cheque - Once accused admitted signature on disputed cheque then he cannot raise objection regarding handwriting on disputed..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 78 -- Recovery of five bags of poppy husk - Delay of 72 hours in sending sample of poppy husk to office of Chemical Examiner not fatal to prosecution case, as S.78 of the Act does not make any provision of sending sample to FSL within 72 hours but provided only to send the same within reasonable time...........
Evidence Act, 1872, Section 45 -- Expert opinion - Sending Will to FSL - Earlier in application for expert opinion FSL report concluded that in absence of sufficient standard writings and signatures of executant, a thorough evaluation of writing habits of executant was not possible - Petitioners without assailing such report, desire to have another opinion, which is not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque -Application to send disputed cheque for FSL - There is an overwriting in two documents, which are copies of notice sent by complainant, but record does not give any indication of record having been manipulated in Court, and at best, can be a correction made by complainant at time when notice was sent to..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Contraband - Charge sheet filed without FSL report within time period as per law - Non-filing of FSL report with charge sheet does not fall within the realms of S.173(2) of Cr.P.C. - Moreso, amount of quantity recovered from accused is of..........
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..........
