Prevention of Corruption Act, 1988, Section 13(1)(d) -- Illegal gratification - Complainant died before trial as such he was not available for cross-examination with respect to facts which were in his knowledge as to demand of bribe and its payment - Contradictions between versions of PWs with respect to place of recovery of money - There were some deliberations before..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25.50 kgs poppy husk - Plea of false implication - Accused neither alleged nor able to prove ill will or motive on part of PWs - Testimonies of police officials cannot be discarded simply on account of their official designation - Recovery of contraband from conscious possession of accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 25.50 kgs poppy husk - Delay of three days in sending sample - It will not make prosecution case doubtful...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 995 gms opium - Non-joining of independent witnesses - Prosecution case cannot be thrown away merely on ground that independent witnesses not associated - Even, official designation of witnesses is itself no ground to reject their testimonies - But, when I.O. has opportunity to associate..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 995 gms opium - Non-joining of independent witnesses - In the instant case, I.O. and PW5 stated that I.O. tried to join independent witnesses, but none was ready to join - But, their statement contradicted by witness of recovery, who deposed that I.O. tried to join independent witnesses, but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 995 gms opium - Star witness - As per prosecution story, accused being lady, her search was conducted by lady constable and contraband was recovered by her - But, lady constable not examined by prosecution - Most material witness of prosecution withheld by prosecution without assigning any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 995 gms opium - Time of recovery - As per statement of PW3, accused apprehended at about 6.15 pm at spot and DSP arrived at spot at 7.00 pm and after completing formalities of search, ruqa was sent to police station at 8.00 pm - But, said version contradicted by PW4, in his cross-examination..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 995 gms opium - Delay of 7 days in sending samples to chemical examiner - It is of no significance, when there is no scope of tampering with case property - But, when there are material contradictions and omissions qua chain of link evidence and parcels of case property produced before..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 57 -- Recovery of 995 gms opium - Non-compliance of S.57 of the Act - PW3 categorically stated in cross-examination that he has not made any report u/s 57 of the Act - Even, he deposed that he does not know whether any official of their department made any report u/s 57 of the Act - There is total,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 2 kg charas - Recovery effected from polythene bag carried by accused on his shoulder - Recovery is not from personal search of accused - S.50 of Act is not applicable...........
