Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Recovery of 29 bags from house of deceased - Confessional statement recorded by Customs Officer - Confession retracted after more than 6 years - It is no retraction - Conviction on basis of confession, upheld ...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Poppy straw - Recovery of 29 bags from house of deceased - Confessional statement recorded by Customs Officer - Confession retracted after more than 6 years - It is no retraction - Conviction on basis of confession, upheld...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 55 -- Poppy husk - Recovery of 40.25 kgs. - IO produced the case property before SHO but statement of SHO not recorded u/s 161 Cr.P.C. which proves that case property was not produced before him - Serious prejudice is caused to accused as he was deprived of challenging the veracity of this witness, by..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 55, Criminal Procedure Code, 1973, Section 161 -- Opium - Recovery of one kg. - Statement of DSP and SHO who reached the spot not recorded u/s 161 Cr.P.C. - It clearly proves that case property was not produced before SHO - Case of prosecution becomes doubtful - Accused acquitted...........
Prevention of Corruption Act, 1947, Section 5(2), Indian Penal Code, 1860, Section 161 -- Illegal gratification - Asking police for arrest and then telling complainant that he had not done a good thing to him and he had deceived him - Held, it is not a statement of innocence and on the contrary it was a statement showing anguish that the complainant had got him caught...........
Prevention of Food Adulteration Act, 1954, Section 16(1)(a)(i), 7(1), 2(ia)(m) -- Plea that food article was not intended for sale - Has no substance when it is admitted by accused in his statement u/s 313 Cr.P.C. that the article was sold to PW1 - No violation of Rr.17 & 18 of the Rules - Sentence imposed the minimum - No merits in appeal - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 161, 482 -- Copy of statement of a person examined u/s 161 Cr.P.C. but not cited as a witness - Court can direct prosecution to produce the copy of statement of such a witness, if he is a material witness or is acquainted with the facts and circumstances of the case...........
Criminal Procedure Code, 1973, Section 161 -- Delay of three weeks in recording statement of eye witnesses - Benefit of doubt given to accused...........
Indian Penal Code, 1860, Section 376, Evidence Act, 1872, Section 118 -- Rape of child aged 6 years - Conviction based on testimony of child witness - Held, that evidence of a child witness cannot be rejected outright but his evidence must be evaluated carefully so that there is no tutoring - Evidence of child witness was free from any influence - Statement reliable -..........
Negotiable Instruments Act, 1881, Section 138 -- Pre-mature complaint - Even if complaint is premature, Court should either return complaint or to direct office to register case after statutory period - In the instant case Magistrate signed on printed order sheet where it was typed as 'complainant present. Cognizance taken' - Held, cognizance is taken when Magistrate..........
