Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 61, Criminal Procedure Code, 1973, Section 439 -- Recovery of 50,000 tablets of Tramadol - Interim bail till receipt of FSL report - Tablets were packed, manufactured in a factory, having batch number and expiry date - Salt, potency and weight of tablets were there on packing - It is not the case where..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 436 -- Anticipatory bail - Offence u/s 436 IPC - House of a person set on fire - FSL report shows that no petroleum product was found on the material sent for analysis - Matter in the case is required to be thoroughly investigated - Accused held, not entitled to anticipatory bail...........
Indian Penal Code, 1860, Section 363, 366, 376 -- Kidnapping and rape of intellectually challenged 21 years old girl - Accused inserted his finger into vagina of prosecutrix which is duly corroborated by DNA report - Soil found on clothes of accused and prosecutrix matched the earth collected from the spot where sexual assault took place - Same is evident from FSL report -..........
Indian Penal Code, 1860, Section 489C -- Counterfeit currency notes - Seized articles were sent to FSL but prosecution did not take any attempt to produce and prove forensic report in respect of seized articles during trial of case - Non-production of forensic test report of seized articles will surely go against prosecution and without such report, guilt of accused not..........
Indian Penal Code, 1860, Section 364A, 376, 302, 216 -- Kidnapping, rape and murder of 7 years old girl - Post mortem report of victim discloses that victim was sexually assaulted, however, FSL report on record does not establish any connection of accused with sexual assault on victim - Dead body of victim found lying in open field - Record is not clear as to when accused..........
Criminal Procedure Code, 1973, Section 53A, Indian Penal Code, 1860, Section 376A, 376(2)9n), 506, 454 -- DNA test - Rape - FSL report shows that human sperm and semen were found on undergarments of prosecutrix - DNA test is essential for just decision of case as per S.53-A Cr.P.C - Thus, it cannot be said that trial Court has tried to fill up lacuna - Order directing for..........
Indian Penal Code, 1860, Section 376(2)(g), 302, 120B, 34 -- Rape and murder of 13 years old girl - Circumstantial evidence - Recovery of knife - Blood stained knife was sent to FSL for forensic examination, but there is no evidence that fingerprint was taken from murder weapon or compared to fingerprint of accused - FSL report only states that blood found on knife was..........
Indian Penal Code, 1860, Section 452, 342, 436, 307, 506, 201, 34 -- Offence u/ss 452, 342, 436, 307, 506, 201, 34 IPC - Bail - Both the accused seen in CCTV camera - However, report of FSL, if perused, clearly reveals that nothing substantial could be seen in the CCTV camera - Moreover, motive attributed to accused is too bleak to conclude complicity of accused in the..........
Indian Penal Code, 1860, Section 302, 201, 34 -- Murder - Recovery of blood stained sweater at the instance of accused - FSL report with regard to blood stained sweater merely mentions that human blood was recovered - However, it is nowhere mentioned therein as to whose blood it was - Recovery cannot be said to be cogent and convincing evidence which would connect accused..........
Indian Penal Code, 1860, Section 302, 34, Arms Act, 1959, Section 25(1B)(a) -- Murder - Fire arm injury - Deceased died due to firearm injuries - Post mortem report and doctor stated that injuries were caused over body of deceased with firearm and bullet was found embedded in the body - Recovery of weapon at the instance of accused from his bua's house proved on record -..........
