Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of Charas - Packets of Charas were found from the body search of accused - Accused were not informed about their right to be searched before a Magistrate or a Gazetted Officer - There was thus, a violation of safeguard provided by S.50 of the Act - Accused acquitted...........
Criminal Procedure Code, 1973, Section 202 -- Provision of S.202 is mandatory in a case where one of accused is residing at a place outside the jurisdiction of Magistrate - Non-compliance thereof will result into failure of justice...........
Indian Penal Code, 1860, Section 302, 304(Part II) -- Nature of offence - Incident took place on the spur of moment when deceased stopped accused side from digging the foundation - Allegation against accused is of causing injury on the face of deceased - Role of accused is akin to that of other co-accused - Conviction of accused altered from S.302 IPC to S.304(Part II)..........
Negotiable Instruments Act, 1881, Section 138, 142(a) -- Dishonour of cheque - Locus standi - Complaint at the instance of third party who is neither a payee nor a holder in due course is not maintainable, as he has no locus standi to prosecute accused in terms of S.142(a) of the Act...........
Protection of Children from Sexual Offences Act, 2012, Section 4 -- Sexual assault - Victim was a school going student and was missing for 2 days - No explanation as to why FIR lodged after delay of two days - Four miscreants were accused by victim but police charge sheeted only two accused - Age of victim was not ascertained - Without ascertaining age of victim accused..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, Criminal Procedure Code, 1973, Section 439 -- Bail - Search and seizure by Sub Inspector who was not posed as SHO - Non compliance of statutory provision of S.42 of the Act as only officers mentioned therein and so empowered can make arrest or seizure - Non compliance of statutory provision - Bail granted...........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 24 -- Murder - Circumstantial evidence - Extra judicial confession - Accused allegedly made extra judicial confession before Village Administrative Officer/PW1 whom he did not know - Alleged confession was made by accused more than two months after the incident which makes it more suspicious - PW1..........
Indian Penal Code, 1860, Section 302, 201, Evidence Act, 1872, Section 27 -- Murder - Circumstantial evidence - Recovery of dead body at the instance of accused - Dead body of deceased was recovered from a place which was accessible to all - A day prior to alleged discovery, PWs 1 & 2 had gone to place where dead body was found - This also raises serious doubt about theory..........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Recovery of weapon of offence - Contradiction in the evidence of PW1 and PW18 regarding recovery of weapon of offence - This makes the prosecution case vulnerable as far as discovery of stick at the instance of accused - Accused acquitted...........
Indian Penal Code, 1860, Section 302, 201 -- Murder - Circumstantial evidence - Last seen theory - General statement made by PW8 that he had seen deceased and accused together two years back - PW8 declared hostile - Moreso, other witnesses of last seen evidence also declared hostile - Last seen theory not proved...........
