Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 1 kg opium - Accused convicted - Plea of accused that investigation was improper as it was conducted by PW6, who himself was complainant - Plea rejected as search of accused was conducted in the presence of and under the instructions of PW4 - Extracts of depositions of other PWs show that it..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/ss 420, 467, 468, 471, 120-B IPC - Specific allegations against `R' that he alongwith other accused took money from complainant on the false promise to get him government job - At the time of payment of money to accused, `R' was also accompanying them and complainant believed accused..........
Criminal Procedure Code, 1973, Section 155(2) -- Investigation - District Collector has no power or authority to order an investigation u/s 155(2) Cr.P.C. - Even by exercising powers of an Executive Magistrate, a District Collector cannot order an investigation under the said provision as Executive Magistrate is not a Magistrate having power to try such case or commit the..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 61, 85 -- Release of seized vehicle - Vehicle involved in NDPS case - Recovery of 2.600 kg opium - Recovery effected from vehicle in question - Ownership of vehicle of petitioner is admitted fact, which was not required by investigating agency for further..........
Criminal Procedure Code, 1973, Section 173(8), 482 -- Further investigation - Negative final report filed as dispute was found to be purely of civil nature - Protest petition filed - Order of further investigation - Held, order is totally illegal and absolutely unwarranted and unjustified...........
Criminal Procedure Code, 1973, Section 154, 173(8) -- Second FIR - Plea that there should be further investigation and not second FIR - Both the appellants furnished wrong information to police as to their names, father's name and address during course of investigation made on the first FIR - Second FIR registered u/ss 419, 420 IPC - Offences under second FIR committed..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - There can be no second FIR and consequently there can be no fresh investigation on receipt of every subsequent information in respect of same cognizable offence or the same occurrence or incident giving rise to one or more cognizable offences - Recourse available with investigating agency in said situation is to..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Connotes the investigation of the case in continuation of the earlier investigation with respect to which the charge sheet has already been filed...........
Prevention of Corruption Act, 1988, Section 13(2), 13(1)(e), 19, Criminal Procedure Code, 1973, Section 482 -- Disproportionate assets - Sanction for prosecution - Quashing of proceedings - CBI officers had cogent evidences against petitioners - FIR was registered after having a thorough investigation and charge sheet was filed in Court - CBI was not required to seek..........
Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 25 -- Murder - Two eye witnesses - Material alterations in the testimonies of eye witnesses viz. (i) PW1 came to the spot after information sent to him by police, he cannot be said to be an eye-witness to the offence; (ii) PW4, admittedly saw the dead body of deceased lying in pool of blood in rear seat of car..........
