Indian Penal Code, 1860, Section 302 -- Murder - Circumstantial evidence - Napkin of accused was stained with human blood of `B' group - Accused and deceased were brothers and there is every possibility that blood group of accused may be group of `B' - Since blood group of accused was not determined and seizure witness turned hostile, recovery held, not proved -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(b)(ii)(B) -- Recovery of 6 kgs ganja - Search and seizure - Entire case based on search and seizure - If search and seizure is doubtful, conviction of accused cannot be sustained...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(b)(ii)(B) -- Recovery of 6 kgs ganja - Contradictions found in evidence of PW3 and PW4 with regard to preparation of seizure panchanama and non-production of register maintained by PW2, who is owner of lodge, where accused allegedly stayed and contraband was seized - Search and seizure conducted by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 5.450 kg Ganja - Procedure prescribed u/s 50 of the Act had been duly followed by I.O while making seizure of contraband, as per statement of I.O and Sub Inspector - There is no reason to disbelieve statements of I.O and other police officials - Accused rightly convicted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Recovery of 5.450 kg Ganja - Independent witnesses not fully supported prosecution case - However, official witnesses have unequivocally stated about search and seizure of contraband - Defence failed to elicit anything from PWs which could suggest that they were in any manner inimical to accused..........
Criminal Procedure Code, 1973, Section 311 -- Offence under NDPS Act - Summoning of call details of seizure officer and other police officials alleging that these officials were not present at the place of seizure on the date and time alleged - Summoning of call details is absolutely imperative for fair trial and providing a just opportunity of defence to accused - In..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of 15 injections of Buprenorphine 2 ML each - Non-compliance of S.50 of the Act - Personal search of juvenile was conducted by Lady Constable, though there was no recovery - Recovery effected from cloth bag carrying by juvenile in her right hand - However, juvenile was not given an offer whether..........
Indian Penal Code, 1860, Section 489B, 489C -- Fake currency notes - Version of official witnesses with regard to recovery of fake Indian Currency notes of a large volume from a market place from custody of accused is corroborated by Independent witness - Even, opinion of expert shows that currency notes seized from possession of accused were fake - There is no break in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C) -- Recovery of 6 bags of ganja - Non-joining of independent witness - Seizure took place in dead hours of night on highway where vehicles ply with enormous speed and one cannot expect a pedestrian to loiter around - Sketch map of place of occurrence does not indicate any shop or residence in or..........
Criminal Procedure Code, 1973, Section 91 -- Summoning of call details of police personnel - Recovery of contraband - Petitioner stated that witnesses of recovery of narcotic were not present at the scene of crime at the time of preparation of seizure memo - But petitioner had not disclosed that from whom and when he received such information - No allegation made by..........
