Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20b(ii)(c), 55, 57, 52A -- Recovery of 26 kg Ganja - Recovered ganja not sealed at the spot - Even sample was not prepared at the spot - No explanation as to why samples reached FSL after delay of 23 days - Evidence of PW1 as well as PW5 show that no effort was made to inform superior Officials in accordance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 22(c), 23(c) -- Recovery of Charas - Neither any Magistrate was present at the time of recovery nor superior police officials - There is delay of sending samples to FSL which is not explained - Inconsistency between witnesses regarding alleged recovery - Prosecution failed to prove its case -..........
Indian Penal Code, 1860, Section 363, 366A, 376, 201 -- Kidnapping and rape of 5 years old minor girl - Accused committed rape of 5 years old girl in a truck - Missing of girl was reported immediately to police and within three hours girl was recovered - Accused was arrested on the same day and on his information truck was seized - Mobile Unit of FSL inspected truck and..........
Indian Penal Code, 1860, Section 302, 147, 148, 149, Evidence Act, 1872, Section 27 -- Murder - Recovery of blood stained clothes of deceased and weapon of offence - Blood stained clothes of deceased and also blood stained `Katti' was recovered at the instance of accused from his house in presence of Panchas under memorandum - Same was sent to FSL - When weapon used for..........
Indian Penal Code, 1860, Section 302, 147, 148, 149 -- Murder - Eye witnesses stated entire sequence of events as contained in complaint which had led to incident having occurred in the house of A-3 - When accused and deceased were inside the house and in the circumstance death on the spot had occurred, death of deceased in the manner as contended by prosecution and spoken..........
Indian Penal Code, 1860, Section 302, 307, 34, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Bullets recovered from body of deceased not sent for ballistic examination and comparison and no explanation is forthcoming why these bullets were not sent for ballistic examination - However, prosecution relies on finding in FSL report that hole on shirt..........
Indian Penal Code, 1860, Section 302 -- Murder - Case based on eye witness account and circumstantial evidence of recovery of articles - Eye witness turned hostile and not supported prosecution case - Insofar as recovery of bamboo stick and shawl is concerned, FSL report not established blood stains over bamboo stick - Shawl recovered from accused is his own shawl and was..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 25, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence - Offence u/ss 8, 25 of NDPS Act - Evidence with respect to sealing of samples, keeping them in Malkhana, sending them for FSL examination and also keeping in safe custody all articles seized under NDPS Act, would ipso facto reveal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C -- Recovery of 40 injections of avil and 40 injections of norgesic - Delay of 6 days in depositing case property to FSL - No explanation given for such delay - No link evidence is there to prove that in intervening period when case property remained in possession of MHC, seals were never tampered with - No..........
Indian Penal Code, 1860, Section 302, 447, 34 -- Murder - Recovery of weapon of offence - Lathi recovered from accused was not sent to FSL is immaterial, as evidence of recovery and FSL report would only be required to corroborate evidence of eye witnesses in case it is not wholly reliable - Since evidence of eye witnesses is wholly reliable, same would not require any..........
