Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Conscious possession - Recovery on basis of disclosure statement - Police in fact had already definite secret information about place where contraband was lying - It does not amount to conscious possession - Conviction set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Evidence Act, 1872, Section 27 -- Contraband - Disclosure statement - Conscious possession - Police received secret information which gave specific and clear information about the place where contraband was lying - In fact, recording of disclosure statement of accused at the spot was a clever move of the..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 304B -- FIR - Dowry death - Delay of 26 hours in lodging FIR - Police station at a distance of 4-5 kms. from the place of incident - Held, in view of the fact that accused has taken a false stand whereas prosecution has taken a positive step as such the mere fact of delay in lodging FIR does not..........
Evidence Act, 1872, Section 32 -- Two dying declarations - First dying declaration recorded by Judicial Magistrate - Doctor opined, before and after recording dying declaration, that deceased is fit to make statement - Second dying declaration recorded by police, while deceased was in the hands of her husband - Second dying declaration does not inspire confidence whereas..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Notice given to accused as to whether accused wants to be searched before police officer or before some gazetted officer - Offer of search before Magistrate not given - Offer of search is partial offer - S.50 envisages that the person to be search should be told by the officer who is to search him..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Search - Offer of search before a Magistrate or a Gazetted Police Officer - Offer is not partial and is not bad...........
Criminal Procedure Code, 1973, Section 173, 401, 482 -- Police submitted report u/s 173 - Finding of Magistrate that no offence is made out and discharged the accused - Order of discharge upheld in revision - No ground to interfere - Once opinion framed by Magistrate is upheld in revision then there is no reason to take a different view and set aside the order in exercise..........
Criminal Procedure Code, 1973, Section 482, 200 -- Police picked up two sons of petitioner in the year 1991 and thereafter their whereabouts not known - Incident 15 years old - Request for enquiry rejected - Petitioner can file criminal complaint against guilty officers if so advised...........
Indian Penal Code, 1860, Section 304B, Evidence Act, 1872, Section 133B -- Dowry death - Death occurred within one year of marriage, at matrimonial home, otherwise than in normal circumstances - Demand of dowry and harassment proved by oral evidence - Dead body cremated calendestinely without informing parents of deceased or Police - Deceased not suffering from any ailment..........
Indian Penal Code, 1860, Section 201, 304B -- Dowry death - Appellant acted with co-accused for causing disappearance of evidence of the offence by cremating the deceased, without informing parents of deceased or police, knowing well that offence of dowry death has been committed - Conviction upheld...........
