Criminal Procedure Code, 1973, Section 197(3) -- Public servant - Sanction for prosecution - Offence u/ss 367, 467, 468, 195, 504, 506, 420, 383 IPC - Crime registered against petitioners does not include sections referred to in S.197(1) Explanation Cr.P.C. - Acts performed by petitioners in discharge of their official duty and are reasonably connected with their official..........
Judges (Protection) Act, 1985, Section 3(1) -- Protection to Judges - Statutory protection is afforded to judges for any act, thing or word committed, done or spoken when, or in course of, acting or purporting to act or in discharge of official or judicial duties or functions - No civil or criminal proceeding can be instituted in connection therewith...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 68 kgs charas - Drugs trafficking - Secret information - Non-association of independent witness - Official witnesses had sufficient time to associate independent witnesses but no sincere efforts were made by police to associate the same - Plea that no independent witness was available..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29 -- Recovery of 68 kgs charas - Drugs trafficking - Secret information - Prosecution failed to explain as to why there was delay of 12 hours in recording statement of official witnesses - Material witness not examined by prosecution - I.O. has not even prepared the spot map - Contradictions in the..........
Evidence Act, 1872, Section 32 -- Dying declaration - Chain or sequence of events leading to recording of dying declaration - Injured when brought to hospital indicates foul play : (i) It is duty of doctor to inform police; (ii) I.O. to alert the jurisdictional Magistrate; (iii) Magistrate to immediately examine the injured; (iv) If it is impossible for Magistrate to..........
Criminal Procedure Code, 1973, Section 197(1) -- Sanction for prosecution - Two requirements to be fulfilled are : (i) it should be a case of public servant not removable from his service save by or with the sanction of government; (ii) offence alleged to have been committed by him was while acting or purporting to act in discharge of official duties - If, either of the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 380 kgs of poppy husk - Non joining of independent witness - Search and seizure conducted in the presence of PW8, Executive Magistrate - He was not under influence of I.O - No reasons as to why PW8 should not be considered as an independent witness - Moreover, testimonies of Official witness..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 380 kgs of poppy husk - Discrepancies in the testimonies of official witnesses with respect to timings - Such discrepancies cannot be material in nature as police officials in discharge of their official duties take part in several kind of raids - It is not expected that even after lapse of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 1 kg 800 gms - Non joining of independent witness - Recovery from residential house - Version of official witnesses that nobody agreed to join investigation seems to be plausible and natural as they tried to associate independent witnesses but they failed - I.O and other PWs had no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - 32 kg of contraband substance allegedly recovered from car of accused - Prosecution is required to establish its case in a manner alleged by it by leading cogent, convincing and reliable evidence - In absence of public witness, entire case of prosecution when based on testimonies of official..........
