Evidence Act, 1872, Section 27, 25 -- Disclosure statement of accused can not be relied upon when no recovery is made pursuant to said disclosure statement u/s 25 read with S.27 of Act...........
Criminal trial -- Non-recovery of weapon of offence - Where there is clear, unimpeachable and trust worthy ocular evidence available which is fully corroborated by medical testimony, non recovery of weapon would not, in any manner affect the prosecution case...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Opium, , Section 9 - - Nature of offence - Recovery of opium - Accused stored 100 bags of opium prior to NDPS Act coming into force and recovery effected after coming into force of the Act - On the date of recovery, he is in possession of contraband article and possession itself is an offence and punishable..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of opium - Actus of possession u/s 18 of Act is not punishable with retrospective affect - What is punishable is possession of prohibited article on or after a particular date when the statute was enacted, creating the offence or enhancing punishment - If a person is in possession of banned..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Recovery of opium - Recovery effected from public place - S.43 of Act comes into play - Officer taking search is not required to comply with S.42(1)(2) of NDPS Act - Question of no, compliance of S.42(2) of Act does not arise...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Evidence Act, 1872, Section 27 -- Recovery of opium - Disclosure statement - Accused pleaded that he was in custody in connection with FIR No.95 and while in custody, he suffered a disclosure statement and led to discovery of contraband articles regarding said FIR and said statement cannot be taken aid of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of opium - Delay in sending samples - Seized articles were not sent immediately for chemical examination - However, FSL report states that a letter along with a sealed packet was received with seals intact and the description of case number and impression of seal having been fixed on memo of..........
Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Recovery of weapon of offence and T-shirt of accused - When no blood was found on the recovery of weapon of offence and T-shirt of accused, recovery of said materials is not relevant so as to connect the accused with crime - Conviction & sentence set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Recovery of ornaments - No identification of said ornaments made before Magistrate as said ornaments were immediately identified by complainant - When ornaments were not opened before Magistrate for the purpose of identification then it cannot be said that prosecution proved its..........
Indian Penal Code, 1860, Section 394, 302, 34 -- Robbery - Murder - Circumstantial evidence - Recovery of ornaments - Blood stains on ornaments were not mentioned in the recovery memo as recovery effected after 2-1/2 months from the date of incident, however, said ornaments were sent to FSL and blood stains were found upon them - It is beyond imagination that blood stains..........
