Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Evidence Act, 1872, Section 27 -- Contraband - Disclosure statement - Statement by accused during investigation is inadmissible in view of S.25 of Evidence Act as well as S.162 Cr.P.C - Said confession made by co-accused cannot be taken as substantive piece of evidence against another accused...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Expression "fact discovered" u/s 27 of the Act cannot be treated as equivalent with object produced...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Information as to past user or the past history of object produced is not related to its discovery in the setting in which it is discovered...........
Evidence Act, 1872, Section 65B -- Electronic evidence - There is difference between original information contained in a computer itself and copies made therefrom - Former is primary evidence and latter is secondary one - Certificate u/s 65-B of the Act is unnecessary when original document (i.e primary evidence) itself is produced. (2020(7) SCC 1)..........
Evidence Act, 1872, Section 65B -- Electronic evidence - Certificate u/s 65-B of the Act - Certificate u/s 65-B of the Act can be produced at any stage if the trial is not over. (2020(7) SCC 1)..........
Evidence Act, 1872, Section 65B -- Electronic evidence - Certificate u/s 65-B of the Act, is not an evidence - It is meeting the requirement of law to prove a report on record...........
Evidence Act, 1872, Section 32 -- Dying declaration - Non examination of scribe - If scribe, for reasons beyond control, such as incapacitation or death, would be unavailable, it would be open for the prosecution to take necessary aid of secondary evidence - Unexplained non-examination would render the case to be doubtful if not, land a fatal blow to the prosecution case...........
Evidence Act, 1872, Section 32 -- Dying declaration - Dying declaration was thumb marked by deceased - But it is not the case of prosecution that deceased was illiterate - Doctor also does not state that injured was in a condition to sign - Person who took down such declaration and police officer who endorsed said document not examined - Numerous people present near..........
Indian Penal Code, 1860, Section 304(Part II), 34 -- Offence u/ss 304(Part II), 34 IPC - Numerous contradictions and inconsistencies borne from record rendering eye witnesses to be unreliable - Recovery of alleged weapons made either from open place or from an area where other persons also resided, reliance thereupon could not be made - Circumstantial evidence present on..........
Evidence Act, 1872, Section 3 -- Non-explanation of injuries on the person of accused - Would create doubt as to whether prosecution has brought on real genesis of incident or not...........
