Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 13 kg morphine - Bail - Large quantity of contraband was found in a car driven by co-accused - Statement of co-accused recorded u/s 67 of NDPS Act has also named his owner accused - In the face of S.37 of NDPS Act, High Court could not and..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of weapon of offence is not established or proved cannot be a ground to acquit accused when there is a direct evidence of eye witness...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Recovery of weapon of offence used in the commission of offence is not a sine qua non to conviction accused...........
Negotiable Instruments Act, 1881, Section 4, 118(a) -- Pronote - Signature of defendant on pronote established by handwriting expert - No contrary evidence led by defendant to disprove his signature on pronote - Even, execution of pronote established by plaintiff by examining deed writer - Non-examination of witness to pronote cannot be held against plaintiff - No rebuttal..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for recovery on basis of pronote - Whether plaintiff has proved execution of pronote and receipt by leading cogent evidence, can be said to be a question of fact - It cannot be said to be question of law much less substantial question of law - High Court thus, committed a serious error in upsetting concurrent..........
Criminal Procedure Code, 1973, Section 125(3), 421 -- Arrears of maintenance - Recovery - Magistrate can either issue a warrant for the levy of amount by attachment and sale of movables of defaulter or to issue a warrant to the Collector, authorizing him to realise the amount as arrears of land revenue - Magistrate can issue both kind of warrants simultaneously also...........
Indian Penal Code, 1860, Section 302, 34 -- Murder - Circumstantial evidence - Recovery of stolen gold material and weapon of offence - Gold which was recovered has not been identified as one which was stolen from house of deceased - Recovery of knife was also doubtful, as recovery effected after 4-1/2 months with no explanation for such delayed recovery - Independent..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29 -- Bail - Recovery of 255 gms of heroin - When an under trial has been in custody for a significant period of time and trial is being held up for no fault on his part, Court cannot be expected to be a mute spectator and should rather unhesitatingly interfere for..........
Indian Penal Code, 1860, Section 302 -- Murder - Conviction solely on the basis of recovery of tangi - However, there was no forensic matching of blood stains found on tangi with blood of deceased - No witness pre or post occurrence indicating presence of accused at the place of occurrence at the time of incident - There are no other incriminating circumstances beyond..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(C), 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 391 gms brown colour narcotic powder - Bail - There is no independent witness of alleged recovery - Constables of Railway Police Force cannot be said to be independent witnesses -Though search was conducted in presence of Gazetted Officer,..........
