Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A -- Search and seizure - Recovery of 5 vials rexcof syrup each 100ml, 50 strips phenotil tablets each strip containing 100 tablets and 10 strips microlit tablets each strip containing 100 tablets - Samples drawn out of contraband recovered from accused not in conformity with procedure laid down in Standing..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8 -- Murder - Robbery - Circumstantial evidence - Motive - Watch of deceased recovered from accused `G' in the presence of PW9, who being brother-in-law of deceased gifted the same to deceased - No test identification parade of watch was required to be conducted, since watch recovered in presence of..........
Indian Penal Code, 1860, Section 302, 394, 34, Evidence Act, 1872, Section 8 -- Murder - Robbery - Circumstantial evidence - Recovery of blood stained T-shirt of accused `A' at his instance - FSL report shows that T-shirt contained `B' blood group which matched to that of deceased - Mere no, association of public witness to recovery of T-shirt cannot be held to be fatal -..........
Indian Penal Code, 1860, Section 397, Evidence Act, 1872, Section 8 -- Offence u/s 397 IPC - Circumstantial evidence - Recovery of knife (weapon of offence) - Prosecution though proved recovery of knife from accused `A' but, failed to link the same with injury caused to deceased, as there is no witness who identified accused `A' using the knife - Even, knife was not found..........
Indian Penal Code, 1860, Section 376(2)(f), 302, 201 -- Rape and murder of minor girl aged 9/10 years - Circumstantial evidence - Mere recovery of obscene book from accused during investigation, would not lead to inference that offence of rape and murder was committed by accused...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Demand and acceptance - Accused being I.O. in the case filed against complainant, demanded bribe of Rs.5000 from complainant for initiating action/kalandra against his neighbours - However, said neighbours already arrested and released on bail without making any demand of bribe - Panch..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 6.50 kg opium - Recovery effected from the bag of accused - Provision of S.50 of the Act not attracted - Question of no, compliance of S.50 of the Act, does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of 6.50 kg opium - Non-compliance of S.42 of the Act - As and when police party is on patrol duty, S.42 of the Act is not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 6.50 kg opium - Mere weight of sample found 2-3 grams less, when reached FSL, does not create doubt on prosecution case, particularly, when on efflux of time, moisture will dry it...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Recovery of 6.50 kg opium - Quantum of sentence - Recovery effected in 2006 and since then accused is in custody - Accused suffered a protracted trial and undergone more than substantive sentence awarded by trial Court - So far as default sentence is concerned, since default in payment of fine is too..........