Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C) -- Recovery of 150 gms Cocaine - Sampling process - Samples were sealed in presence of Magistrate - No evidence on record that samples drawn had been tampered with by any person before it reached FSL for examination and before being produced in trial Court during evidence - Seizure having made by Excise..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C) -- Recovery of 150 gms Cocaine - Investigation by I.O who is also a complainant - Recovery effected upon prior information - Seizure was made by Excise Personnel comprising Deputy Superintendent of Excise, who was also a part of seizure team - Accused had not been able to show how there is any bias on part..........
Criminal trial -- Circumstantial evidence - Twin requirements to be satisfied - First, every link in chain of circumstances, necessary to establish the guilt of accused, must be established by prosecution beyond reasonable doubt; and second, all circumstances must be consistent only with guilt of accused...........
Criminal trial -- Last seen theory - As per statement of PW1 accused alongwith deceased went to a grocery shop of one `O' who has not been examined - Withholding of this material witness renders prosecution version doubtful and short of proof of last seen theory...........
Criminal trial -- Last seen theory - It is not prudent to base conviction solely on "last seen theory" - "Last seen theory" should be applied taking into consideration the case of prosecution in its entirety and keeping in mind circumstances that precede and follow the point of being so last seen...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50 -- Recovery of heroin - Non-compliance of S.50 of the Act - Notice issued to accused `D' neither signed by him nor thumb marked nor any endorsement made noting that he refused to accept the notice - More so, alleged recovery from accused `D' was from his person and hence S.50 of the Act was required to be..........
Rent and eviction -- Suit for recovery of possession from trespasser - Inquiry as to valuation of suit - Tenant was categorically described to be a lessee at inception, later on rendered a tenant at sufferance and virtually being described as a trespasser - An inquiry u/s 11 of West Bengal Court Fees Act, is immediately required so that parties are not compelled to..........
Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Indian Penal Code, 1860, Section 506 -- Offence u/ss 3, 4 of POCSO Act and S.506 IPC - Reduction of sentence - Accused was 20 years of age at the time of incident - It cannot be said that there is no possibility of reform in him - Medical report of victim shows that she did not sustain some alarming..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Trial concluded - Petitioner cannot be tried again...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Order allowing application u/s 319 Cr.P.C is based on statement of PW1 without considering relevant facts and without recording any satisfaction that there is some cogent evidence which may lead to his conviction - Even there is apparent contradiction in statement of PW1 during course of trial..........
