Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 80 kgs poppy husk and 1.5 kgs opium - Petitioner in custody for last 1 year and 4 out of 17 PWs have been examined - Trial will take sufficient long time - Since petitioner is not involved in any other case under NDPS Act, he is unlikely to..........
Indian Penal Code, 1860, Section 302, 404, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - Acquittal of co-accused - Recovery of licensed weapon of deceased from house of co-accused not established and despite being armed with double barrel rifle co-accused not used that weapon thus, possibility of false implication of co-accused cannot be..........
Indian Penal Code, 1860, Section 302, 404, 148, 149, Evidence Act, 1872, Section 3 -- Murder - Appreciation of evidence - FIR was promptly lodged and injuries on person of deceased also shows use of more than one firearm injuries - Even, recovery of weapons from accused persons completely proved on record - Moreover, certain inconsistencies in version of eye-witness does..........
Indian Penal Code, 1860, Section 396 -- Dacoity with murder - Accused acquitted on the following grounds: (i) Motive set out by prosecution is weak; (ii) There is no recovery from accused; (iii) All the PWs who have deposed against accused are family members and hence their testimony cannot be relied upon; (iv) Other witnesses of fact did not recognize the miscreants thus..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 3 kgs charas - Appeal against conviction - Non-joining of independent witnesses - Rule of prudence demands that there should be some corroboration through independent source of statements of official witnesses but there is no rule that evidence of police officials cannot be accepted unless..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Recovery of 3 kgs charas - Appeal against conviction - Search, recovery and investigation by same police officer/I.O. - Where it is a case of chance recovery on highway without any prior information and Naka Bandi, no question of police officer/I.O. being complainant of case arises though search,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 313 -- Recovery of 3 kgs charas - Conscious possession - Appeal against conviction - In the instant case, contraband recovered from bag lying between seats of car in which all accused were sitting - Even, none of accused took defence in their statement u/s 313..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, Criminal Procedure Code, 1973, Section 313 -- Recovery of 3 kgs charas - Reduction in sentence - Accused ordered to undergo R.I. for period of 14 years and to pay fine of Rs.1 lac each and in default of payment of fine to undergo further imprisonment for period of 1 year each - All accused are unmarried..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kgs poppy husk - Appeal against conviction - As per wife of accused, accused falsely implicated by SHO but said defence never taken by accused in their statements u/s 313 Cr.P.C. - Even, recovery memo in which 39 bags of contraband is recovered from possession of accused, were taken into..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 35 kgs poppy husk - Appeal against conviction - Reduction of sentence - Accused convicted and sentenced to undergo R.I. for 12 years and to pay fine of Rs.1 lac each and in default of payment of fine to undergo further R.I. for 1-1/2 years each - Accused `J' is old aged person suffering from..........
