Criminal Procedure Code, 1973, Section 190 -- Cognizance taken on protest petition - Summoning through arrest warrant - Court while summoning accused through arrest warrants did not record its reasonable belief that accused will not appear in trial court or police authorities will be unable to find accused or they can harm someone as such it is necessary to keep them in..........
Evidence Act, 1872, Section 27, 8 -- Disclosure statement - Admissibility - Recovery of skeleton of deceased on the basis of disclosure statement made by accused that he had buried dead body in his house - Held, assuming that recovery of skeleton was not in terms of S.27, on premise that accused was not in custody of police by time he made statement, statement so made by..........
Evidence Act, 1872, Section 27 -- Expression `custody' in S.27 - It does not mean formal custody which includes any kind of surveillance, restriction or restraint by police - Even if accused is not formally arrested at the time when he gave information, he was for all practical purposes in custody of police...........
Prevention of Corruption Act, 1988, Section 7, 126, 13(2) -- Illegal gratification - Conviction - Validity - Accused allegedly accepted illegal gratification for release of nephew of complainant from police custody - Consistent version of complainant and two other witnesses that despite having received bribe amount by accused, nephew of complainant was not released - Also..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Appeal Against conviction - Accused acquitted - Case based on circumstantial evidence - Death of deceased was homicidal, he was killed in the house of accused - Women apparels were found between the legs of deceased but no investigation in relation to those was made - Blood stained mop & pant/t-shirt of accused were..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 364, 392, 420 -- Bail - Triple murder case - Accused persons, both Police Officers, alleged to have committed murder of three persons, while on duty - Charge-sheet filed - Accused in custody for last 7 years - Trial will not likely to conclude within reasonable time - Many co-accused either..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of Charas - Search and seizure - Non-production of Malkhana register before Court creates doubt whether contraband article produced before Court was same which was in custody of police officer or not which proves fatal to prosecution case and vitiates recovery of contraband from accused...........
Indian Penal Code, 1860, Section 193, 195 -- Court record tampered with - If a record after it comes into custody of Court is tampered, an offence u/s 193 IPC is attracted and police investigation is permissible, though for the purpose of taking cognizance of offence, procedure as contemplated u/s 195 Cr.P.C. has to be followed - Held, police investigation cannot be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy husk - Recovery of 30 Kgs. 250 grams - Accused acquitted - (i) Material contradictions in statements of official witnesses; (ii) Independent witness joined but not examined; (iii) Samples reached in office of Chemical Examiner after a lapse of sixteen days but there is no explanation with regard to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Opium - Recovery of 500 gms - CFSL form neither filled up at the spot nor deposited in the malkhana - Seal remained in custody of a police official - These circumstances are fatal to the prosecution case - Accused acquitted...........
