Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 390 gms Pseudoephedrine and 325 gms Heroin - Commercial quantity - Confession - Petitioner sent parcels containing contraband on three occasions - He stated in his statement recorded u/s 67 of NDPS Act that he used to book parcels to..........
Evidence Act, 1872, Section 27 -- Disclosure statement - Information memo which bears a narrative of statement given by accused to I.O cannot be construed to be a substantive piece of evidence...........
Evidence Act, 1872, Section 27, 59, 60, Indian Penal Code, 1860, Section 302 -- Disclosure statement - Recovery of blood stained lathi at the instance of accused - Murder case - I.O did not specifically narrate before Court as to what exactly accused stated to him while giving information u/s 27 of Evidence Act - Actual words as stated by accused to I.O should have been..........
Indian Penal Code, 1860, Section 302 -- Murder - Absconding of accused - Mere absconding by itself does not necessarily lead to firm conclusion of guilty mind...........
Indian Penal Code, 1860, Section 302 -- Murder - Absconding of accused - No evidence on record to effect that accused was absent intentionally or ran away so as to evade his arrest - I.O did not state a single word about such conduct of accused - There is no eye witness supporting prosecution case - Evidence of recovery of weapon of offence is not sufficient to hold..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 468, 482 -- Cruelty - Limitation - Quashing of complaint - Complaint u/ss 498-A, 420, 406, 324, 506 IPC - Wife filed complaint against husband after delay of 8 years - Bar u/s 468 Cr.P.C not applies to offence u/s 498-A IPC, as it is in the nature of continuing offence - Even..........
Indian Penal Code, 1860, Section 498A, 420, 406, 324, 506, Criminal Procedure Code, 1973, Section 177, 178 -- Cruelty - Territorial jurisdiction - Wife claiming to have been harassed by husband not only in India but also abroad - Though no part of cause of action arose in city of Bengaluru, however, complaint filed u/s 498-A IPC a liberal approach requires to be adopted -..........
Indian Penal Code, 1860, Section 279, 304A -- Rash and negligent - Death of motorcyclist - Collusion between motorcycle and tanker lorry - Accident occurred while accused being driver of tanker lorry was trying to overtake another vehicle - However, evidence of PWs 6 and 8 and also spot sketch mark does not support prosecution case - Merely on the basis of rough sketch it..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 13(1)(d), Indian Penal Code, 1860, Section 420, 120B -- Anticipatory bail - Offence u/s 13(1)(d) of P.C Act and Ss.420, 120-B IPC - Possession of land in question was taken by government - Petitioner in the capacity of Tehsildar declaring private persons as Gair Marushi and Marushi -..........
Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 4 -- Conviction - Reduction of sentence - Nothing on record to show that accused is incapable of being reformated - Every convict is entitled for the advantage of reformative and corrective jurisprudence - Sentence of accused reduced from 10 years R.I to 8 years R.I - However, sentence of..........
