Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1 kg 600 gms Charas - Search and seizure - Necessary procedure as required under the Act has also been found to be adopted - NCB form was partially filled on the spot by I.O - Recovered contraband in sealed packet was produced before SHO who after satisfying himself resealed the same - Nothing..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20, 29, 60 -- Recovery of 2.1 kg charas and 1.5 kg opium - Chance recovery - Police patrol accidentally found a stationed car without occupants containing narcotic substances - PWs instead of waiting in said place have gone in search of them in a taxi - Not only driver of taxi who is police officer has not..........
Indian Penal Code, 1860, Section 307, 325 -- Nature of offence - Intention of accused to do away with life of PW1 not established - Recovery of knife at the instance of accused not established beyond reasonable doubt - Said knife not sent for examination for opinion of doctor - Doubt as to whether injury was caused with knife or with any other object - However, prosecution..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - Signatures of defendant on pronote established by handwriting expert - Defendant did not state facts pleaded in written statement on oath in trial Court and avoided witness box so he may not be cross-examined - This by itself is enough to reject claim of defendant that his signature was forged on pronote - Suit..........
Evidence Act, 1872, Section 102 -- Burden of proof - Suit for declaration and recovery of possession - Burden in a suit is always on plaintiff to make out and establish clear case for grant of relief - Weakness, if any on part of defendant would not be a ground to grant relief in favour of plaintiff...........
Specific Relief Act, 1963, Section 34 -- Suit for declaration and recovery of possession - Source of title is sale deed under which grandfather of plaintiffs purchased property, which devolved upon father of plaintiffs after death of grandfather of plaintiffs - Property in question was in possession of plaintiffs till the year 2002 and same was cultivated by brothers of..........
Indian Penal Code, 1860, Section 302, 379, 201, 34 -- Murder - Circumstantial evidence - Recovery of gold ornaments at the instance of A-1 - Test Identification Parade of properties recovered was not conducted in terms of R.35 of Criminal Rules of Practice which is mandatory - Even, I.O admits that though he claims to have taken signatures of accused and mediators on the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of crop of green poppy - Bail - Petitioner was already behind bar at the time of recovery of said crop - Ownership of land in question is also being disputed and yet to be proved during trial - Factum of whether petitioner was behind sowing of said..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Recovery of blood stained clothes of deceased - FSL report shows that only human blood was found on the clothes and same was inconclusive for blood grouping - Conviction of accused thus, cannot be based solely on basis of FSL report in absence of other connecting and corroborative evidence on record..........
Indian Penal Code, 1860, Section 302 -- Murder - PW1 had not seen incident nor accused of having caused injury, nor was he present on the spot - PW2 mother of deceased stated that she reached the incident after an hour of incident - She stated that injury was caused to deceased as he fell down on the ground and his head hit the brick road - It was dark night and there was..........
