Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 3 kgs of opium - Recovery effected from bag of accused which was in the hand of accused - Provision of S.50 of Act is not attracted...........
Negotiable Instruments Act, 1881, Section 138, Indian Contract Act, 1872, Section 23 -- Dishonour of cheque - Money received for securing a job - On failure to secure job accused returned amount by way of cheque - Cheque dishonoured - In a transaction in which parties are indulging in unlawful and illegal activity the machinery of Court cannot be used for recovery of such..........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - Recovery of stolen articles on the disclosure statement of accused - Accused along with two other co-accused looted the petrol pump after killing the security guard - As per disclosure statement of accused he had concealed the rifle robbed from security guard of petrol pump, four live cartridges and Rs.27,400/- -..........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - No information was sent by concerned police station to SHO regarding recovery - PW9, SHO stated that he only came to know about apprehension of accused from newspaper, does not inspire confidence at all - Version of PW9 renders disclosure statement as well as recovery itself doubtful - Accused acquitted...........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - Weapons not sent to FSL for examination - Two empty cartridges lifted from spot and pellets taken out from body of deceased not sent to FSL for examination to connect accused with said recovered empty pellets - No explanation was given for such lapses by prosecution - No efforts made for scientific evidence - Recovery..........
Negotiable Instruments Act, 1881, Section 138, Indian Contract Act, 1872, Section 23 -- Dishonour of cheque - Money received for securing a job - On failure to secure job accused returned amount by way of cheque - Cheque dishonoured - In a transaction in which parties are indulging in unlawful and illegal activity the machinery of Court cannot be used for recovery of such..........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - Recovery of stolen articles in the disclosure statement of accused - Accused along with two other co-accused looted the petrol pump after killing the security guard - As per disclosure statement of accused he had concealed the rifle robbed from security guard of petrol pump, four live cartridges and Rs.27,400 -..........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - No information sent by concerned police station to SHO regarding recovery - PW9, SHO stated that he only came to know about apprehension of accused from newspaper, does not inspire confidence at all - Version of PW9 renders disclosure statement as well as recovery itself doubtful - Accused acquitted...........
Indian Penal Code, 1860, Section 392, 406 -- Robbery - Non examination of weapons recovered from accused - Two empty cartridges were lifted from the spot and pellets were also taken out from the body of deceased - But weapons recovered from accused were not sent to FSL for examination to connect said recovered empty pellets - No explanation given for such lapses by..........
Prevention of Corruption Act, 1988, Section 7, 13(2) -- Illegal gratification - Mere recovery of tainted money is not sufficient to record a conviction unless there is evidence that bribe had been demanded or money was paid voluntarily as bribe...........
