Indian Penal Code, 1860, Section 362 -- Abduction - Circumstantial Evidence - Presence of tyre marks near the place of occurrence - Recovery of pair of chapels of deceased from place of occurrence - Son of the deceased stated about the presence of car of co-accused at the place of occurrence in his statement - Replacement of front glass of car and presence of blood stains..........
Indian Penal Code, 1860, Section 120B, 364, 302, 201, 34 -- Murder - Abduction - Circumstantial evidence - co-accused is implicated on the disclosure statement of accused that co-accused hatched a criminal conspiracy in order to extract ransom - on alleged disclosure statement of accused one revolver, one slip and two live cartridges recovered - Evidence of witness stated..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Contraband - Search and seizure - Recovery from car - Provision of S.50 of Act is not applicable as it is applicable only on search of a person...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Contraband - Search and seizure - Search has been conducted in compliance of direction given by superior officer and it is apparent from recovery memo as well as statements of PWs that contraband is recovered in public place from car in possession of accused persons - S.42 of Act therefore is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(B)(ii)(c) -- Contraband - Plea of false implication - No averment in statement u/s 313 Cr.P.C regarding false recovery nor any complaint made against officers of Customs and Excise Department for false implication - Prosecution case cannot be discarded merely on the ground that recovery memo was prepared in..........
Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Last seen evidence & absconding of accused `B' - Prosecution tried to make out a weak case that accused `B' after strangulated deceased with a muffler, buried the dead body of deceased and threw it into a well - However, no evidence on record in this regard - No recovery effected at the behest of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 2 kg 500 gms - Entire proceedings relating to search, seizure and recovery concluded at a place other than the site of occurrence - Contradictions arising out in the testimonies of official witnesses regarding timing of dispatch of Rukka - Genesis of prosecution version qua the manner,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Charas - Recovery of 2 kg 500 gms - Non-examination of independent witness - Secluded place precluding the association of independent witnesses - Omission on the part of I.O to associate independent witnesses in proceedings relating to search, seizure and recovery cannot be faulted when official witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40 kgs poppy husk from scooter - Search conducted before DSP - Rule of prudence demands that there should be some corroboration through independent witnesses but if independent witness though joined by prosecution, should be given up as having been won over by accused, would not be fatal for..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 40 kgs. poppy husk from scooter - Plea of Delay in sending sample to FSL - Sample were sent to FSL for test, but it was returned with some objections but after removing the objections the sample was again sent to FSL - Witnesses could not tell about the objection with which the sample was..........
