Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1.9 kgs charas - Conscious possession - Testimony of police officials - Recovery affected from the person of accused wrapped in packets with cello tape around his body - Testimony of police officials clear, consistent and cogent and there is no contradictions in their version - Accused failed..........
Evidence Act, 1872, Section 103 -- Burden of proof - Adoption - Lies on that person who wishes the court to believe in its existence - No documentary evidence was produced to prove the adoption - Moreover, in electoral roll parentage of the party was totally different - Thus, adoption was not proved...........
Evidence Act, 1872, Section 45 -- Disputed signatures - Expert opinion - Where entire case rests on genuineness of disputed document, Court ought not to reject the application filed u/s 45 of Act to refer the same for an expert opinion on the grounds that it was filed at a belated stage, availability of oral evidence and Court's power to comparison of disputed signatures..........
Evidence Act, 1872, Section 45, 112, Civil Procedure Code, 1908, Section 151 -- DNA test - Paternity of child - Illicit relations between parties - Mother of child herself admits that she was never married to plaintiff but she developed illicit relations with plaintiff out of which petitioner/child was born - Child though born out of illicit relationship, he has every..........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Illegal gratification - Death of complainant - In absence of complainant, onus lay upon prosecution to adduce credible evidence and to prove guilt beyond periphery of doubt...........
Prevention of Corruption Act, 1988, Section 13(1)(d) -- Illegal gratification - Complainant died before trial as such he was not available for cross-examination with respect to facts which were in his knowledge as to demand of bribe and its payment - Contradictions between versions of PWs with respect to place of recovery of money - There were some deliberations before..........
Evidence Act, 1872, Section 47 -- Opinion as to handwriting - Doctor who prepared MLRs of accused is absent - Pharmacist, who is well-conversant with the handwriting and signature of doctor, is fully competent to prove the MLRs of accused, as they both had worked together at one point of time...........
Evidence Act, 1872, Section 3 -- Eye witness - Prior to appreciation of evidence of eye witnesses, who are inter se related to each other, it should be borne in mind that post event conduct of each of witness would not be identical - Post event conduct of a witness varies from person to person - There cannot be a cast iron formula regarding reaction of a person, who was a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 995 gms opium - Non-joining of independent witnesses - Prosecution case cannot be thrown away merely on ground that independent witnesses not associated - Even, official designation of witnesses is itself no ground to reject their testimonies - But, when I.O. has opportunity to associate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 995 gms opium - Delay of 7 days in sending samples to chemical examiner - It is of no significance, when there is no scope of tampering with case property - But, when there are material contradictions and omissions qua chain of link evidence and parcels of case property produced before..........
