Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 209 capsules weighted 125.72 gms - Recovery did not take place directly from petitioner - Main accused from whom police had recovered the capsules for which petitioner stands arraigned as co-accused already released on bail - Merely..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20, 29 -- Bail - Transportation of charas and opium - Without commenting on merits of evidence collected so far, fact that initial interception of petitioner appears to be not above board, coupled with the fact that confession against co-accused is inadmissible,..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Recovery of weapon of offence - Recovery effected from confession of accused - Weapons were dug out from underneath sand in an open ground - It cannot be said that recovery of weapon of offence was from an open place accessible to all - Minor discrepancies in evidence and..........
Indian Penal Code, 1860, Section 307, 114, Arms Act, 1959, Section 25(1)(B)(a) -- Attempt to murder - Complainant and victim as eye witness identified accused - Recovery of weapon of offence on the confession of accused from underneath ground from place shown by accused proved by oral evidence of panch witness - Panch witness also identified accused in Court, as person at..........
Indian Penal Code, 1860, Section 304B, 498A, Evidence Act, 1872, Section 25 -- Dowry death - Cruelty - Allegation against mother-in-law/A-2 - Confession of A-2 before police is not admissible in law - Reliance upon such confessional statement of A-2 for fastening criminal liability upon her by trial Court not sustainable - A-2 acquitted...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 380, 457, 109, 166, 166A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d)(iii), 13(2) -- Quashing of proceedings - Offence u/ss 380, 457, 109, 166, 166-A, 120-B IPC and Ss. 13(1)(d)(iii), 13(2) of P. C. Act - Complicity of all accused in the occurrence is stated by LW1 to LW5 - Recovery..........
Evidence Act, 1872, Section 24, 25, 26, 27, 28, 29, 30 -- Confession - is a form of admission consisting of direct acknowledgement of guilt in a criminal charge...........
Evidence Act, 1872, Section 24, 25, 26, 27, 28, 29, 30 -- Confession - recorded by police officer is undoubtedly equated to a confession recorded by a judicial Magistrate u/s 164 Cr.P.C - Said confession is a substantive piece of evidence...........
Evidence Act, 1872, Section 30 -- Confession of a co-accused - To make confession of a co-accused admissible in evidence, there has to be a joint trial...........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 15, 3(3), 4(1), Indian Penal Code, 1860, Section 120B, Explosive Substances Act, 1908, Section 5 -- Confession - Offence u/ss 15, 3(3), 4(1) of TADA Act, S.120-B IPC and S.5 of Explosive Substances Act - Accused stated before Designated Court that he was tortured by police and he had nothing to do with..........
