Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of 1.750 Kg of charas - No evidence on record that accused was in conscious and exclusive possession of contraband - No efforts made to involve independent witnesses despite the spot being densely populated - No reason given for using vehicle of complainant to reach the spot in spite of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Recovery of charas - Search & seizure - Prosecution failed to connect accused with the alleged recovery of contraband - Prosecution has not explained at all in what manner conspiracy was hatched between two accused - Independent witness not examined by prosecution - Version of police that independent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 23(c), 28, 33 -- Appeal against conviction - Recovery of 11.976 kg of heroin from baggage of accused at IGI Airport - Accused admitted that both suitcases were checked in by him - Accused failed to prove that he was not in conscious possession of contraband - Conviction and sentence upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Recovery of 11.976 kg of heroin - Statement of accused u/s 67 of Act - Such statement is admissible in evidence as same is made prior to arrest of accused...........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Suit for recovery of possession by landlord - Landlord tenant relationship admitted - Service of notice terminating tenancy also admitted - Plea of tenant that landlord agreed to sell tenanted premises to him - Agreement to sell not registered - Nothing available on record to show that tenancy ended..........
Indian Penal Code, 1860, Section 302, 109, 149, 449 -- Murder - Reduction of sentence - Accused persons entered the house of PWs holding knives in their hands and inflicted serious injuries to deceased and two other witnesses - Accused persons were apprehended on the spot and recovery of weapons was also carried out at the time when they were apprehended - Medical evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i), 57 -- Recovery of 14 kgs of ganja - Compliance of S.57 of the Act - Prosecution report does not find mention of compliance of S.57 of the Act - However, PW3 proved that information was duly passed over to the superior authority - Even, PW3 stated about said fact and there is no suspicious features..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Search & seizure - Twin purposes of provision of S.42 are : (i) it is mandatory provision which ought to be construed and complied with strictly; (ii) compliance of furnishing information to superior officer should be forthwith or within a very short time thereafter and preferably..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of ganja - Search & seizure - Secret information - Non compliance of mandatory provision of S.42 of Act - Accused apprehended with 16 packets of ganja - PW1 informant made the seizure without obtaining any warrant or authorization - Neither information reduced into writing nor information sent to..........
Indian Penal Code, 1860, Section 302, 376, 201 -- Rape and murder of 8 years old minor girl - Absence of name of accused in FIR - Father of victim who lodged FIR did not suspect accused - However, after investigation it was found that it was accused who committed the crime - Involvement of accused has been further corroborated by recovery of shawl of deceased on the basis..........
