Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 154 -- Poppy husk - Recovery of 10 Kgs. by police party on patrol duty - Accused acquitted on the following grounds : (i) Sole independent witness though allegedly won over was not examined and thus there was no occasion to confront the independent witness with his earlier..........
Evidence Act, 1872, Section 9 -- Test identification parade - Is conducted to establish identity of unknown person - Accused persons were known to eye witnesses of incident of murder prior to incident - Held, test identification parade will not serve any purpose...........
Evidence Act, 1872, Section 3 -- Evidence of witness - Appreciation - Criminal case pending against witness - Held, no ground to discard his testimony which is otherwise credible and corroborative by other evidence...........
Evidence Act, 1872, Section 85 -- Power of Attorney - Attested by a Public Notary - There is a statutory presumption u/s 85 Evidence Act that Power of Attorney was executed by the person by whom it purports to have been executed and the person who executed the power of attorney was fully competent in this regard...........
Indian Penal Code, 1860, Section 386, Evidence Act, 1872, Section 45 -- Extortion - Tape recorded evidence - Plastic bag containing Rs.25 lakh found in possession of appellant - Same is not proof of fact that appellant demanded such money - Conversation regarding alleged demand of ransom by appellant on phone from complainant tape recorded - Held, in absence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 17 Kgs of opium - Appreciation of evidence - Two Independent witness resiled and other witnesses not willing to come forward to support the prosecution case - Even, evidence of official witnesses differed with each other on material particulars - Prosecution failed to prove its case -..........
Customs Act, 1962, Section 108, 135, 13(2), 18(1), Foreign Exchange Regulation Act, 1973, Section 67 -- Recovery of foreign currency from a room in the house of accused - Confession of accused made u/s 108 of Customs Act that money was the sale proceeds of gold bars of foreign origin smuggled by him, retracted after a short date - If statement u/s 108 of the Act of 1962..........
Representation of the Peoples Act, 1951, Section 116A -- Election - Corrupt practice - Consequences flowing from the proof of corrupt practice at the election are serious and hence the onus of establishing commission of corrupt practice lies heavily on the person who alleges the same - Onus of proof is not discharged merely on preponderance of probabilities but the..........
Evidence Act, 1872, Section 3 -- Appreciation of evidence - Court must read whole evidence - One stray admission cannot be read in isolation with the other evidence...........
Custom -- Proof - Custom when repeatedly recognized by Courts, it blends into the law of land - Proof of same becomes unnecessary. (Evidence Act, 1872, S.57)..........
