Criminal Procedure Code, 1973, Section 154, 482 -- FIR - Cognizable offence - Non registration of case - Direction to police to register a case - Such a direction cannot be issued unless petitioner avails alternative remedy available under the Code viz. to send the substance of such information in writing to SSP in case of refusal of Officer-in-charge of a police post to..........
Criminal Procedure Code, 1973, Section 154, 482 -- FIR - Cognizable offence - Non registration of case - Remedies available - Substance of such information can be sent to SSP in writing by post - SSP can either investigate himself or can direct investigation by any police official subordinate to him - Complainant can also avail remedy available u/ss 199 r/w S.200 Cr.P.C. -..........
Indian Penal Code, 1860, Section 364A, 363 -- Abduction for ransom - Demand of Rs.10 lacs - Boy recovered from Kota - Local police of Kota not joined in recovery process - Neither the rickshaw man nor any person in whose presence child recovered cited as a witness - No attempt made by IO to prove the fact that actually 10 lacs of rupees had been collected and taken by the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55, 57 -- Contraband - Recovery of - Case property deposited in general Malkhana of police station and not in Judicial Malkhana - Not fatal to prosecution - In case of recovery under different Acts case property in routine is kept in the Malkhana of a Police Station and after filing of challan it is deposited in..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Bribery case - Appellant-accused an Inspector Food and Supplies - Allegation that he demanded for doing the work of complainant and accepted an amount of Rs.500/- which were recovered from him - Shadow witness did not support that appellant-accused demanded any money in his presence and his deposition is that accused..........
Evidence Act, 1872, Section 25 -- Confessional statement made before police - Hit by provision of S.25 of Evidence Act...........
Link evidence -- Seal after use on sample remaining with police official working under IO - Possibility cannot be ruled out of seal being tampered with, the substance being changed and the packet containing sample being re-sealed - Court can presume tampering with the sample - Accused acquitted. (Narcotic Drugs and Psychotropic Substances Act, 1985, S.55)...........
Evidence Act, 1872, Section 27 -- Disclosure statement - Conviction cannot be based on the basis of disclosure statement when police had prior knowledge of the information given...........
Indian Penal Code, 1860, Section 304A -- Rash and negligent driving - Death - Truck driven rashly and negligently struck motor cycle and death of motor cyclist on spot - Truck taken into possession by police - No suggestion put to witnesses regarding negligence on the part of motor cyclist - Accused facing trial for 17 years - Conviction sustained - Sentence modified to..........
Witness -- Police protection - State directed to issue executive directions for providing requisite protection to sensitive witnesses so that they are rendered immune to extraneous influence, which persons in conflict with law may like to put for forcing them to resile from their statements...........
