Criminal Procedure Code, 1973, Section 154 -- FIR - Incident occurred at 4.30 p.m. - FIR lodged at 11.30 p.m. - Police station at a distance of six kms. - Informant who got injured in he incident was first taken to hospital - Delay in lodging FIR is thus explained...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 120B, 34 -- FIR - Murder case - Occurrence took place in the dead of night - PW1 being a lady proceeded for police station early in the morning - FIR delayed and may been result of prior deliberations...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Contraband - Appeal against conviction - No investigation was conducted with regard to origin and destination of contraband - Owner of truck was also not proceeded u/s 25 of NDPS Act - No proceeding for confiscation of truck were taken - Only independent witness was disbelieved and was held to be stock..........
Service -- Misconduct - Police service - First misconduct in 15 years of service - Charge of gross negligence/slackness/indiscipline which amounted to tarnishing the image of police departmental - Dismissal from service - Appellant remained out of service for long period after his suspension order - Ends of justice would be met by setting aside the order of dismissal and..........
Indian Penal Code, 1860, Section 302, 380, 411 -- Murder - Theft - Circumstantial evidence - Accused convicted as following circumstances proved against him: (i) Accused came to the house of deceased and stayed there in the intervening night of occurrence; (ii) deceased was last seen with the accused in the fateful night; (iii) on the next morning when PW1 enquired about..........
Criminal Procedure Code, 1973, Section 319, Evidence Act, 1872, Section 11 -- Summoning of additional accused - Murder case - Plea of alibi - Accused were 175 kms away from the place of occurrence at the time of incident - Police investigation in view of documentary and other evidence collected during investigation revealed that presence of accused at the place of..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Defective investigation - Police recovered the lathi allegedly used in offence - However, it is not certain that whether fatal injury could be resulted by it - Blood on the blood stained cap of deceased seized from the place of occurrence not tally with that of deceased - Police officer who conducted seizure not examined..........
Service -- Displacement from the post - Whether appellant`s displacement from post of State Police Chief in Kerala before expiry of his tenure of 2 years was justified in law ? - No...........
Service -- Displacement from the post - Removal or displacement of any senior level officer from a tenure appointment must be for compelling reasons and must be justified by concerned authority, if called upon to do so, on material that can be objectively tested - This is what rule of law expects and this is what S.97 of Kerala Police Act expects the law must be..........
Kerala Police Act, 2011, Section 97(2)(e) -- Subjective satisfaction - Mere repetition of provisions of S.97(2)(e) of the Act is not sufficient - There must be some material on record (other than a newspaper report) but nothing has been pointed out - It is not enough to merely contend that State Government was subjectively satisfied that appellant ought to be transferred..........
