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1 - 8 of 8 (0.23 seconds)Section 161 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Rajasthan vs Gurmail Singh on 23 February, 2005
In
State of Rajasthan v. Gurmail Singh 2005(2) RCR
( Criminal )58, ( Supreme Court ) , the sample seal was not
sent to the Laboratory, at the time of sending the sample
parcel. The Apex Court, held that the case of the prosecution
was doubtful, on account of this reason. In this view of the
matter, the case of the prosecution also became doubtful. The
trial Court, did not take into consideration, this aspect of the
matter, as a result whereof, miscarriage of justice occasioned.
Section 51 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
State Of Punjab And Others vs Bhupinder Singh And Others on 2 April, 2004
In State of Punjab Vs.
Bhupinder Singh 2001 (01) RCR (Crl.) 356, a Division
Bench of this Court, held the case of the prosecution, to be
doubtful, on account of non-joining of an independent
witness, though the recovery was effected from a busy
locality.
The Code of Criminal Procedure, 1973
State Of Punjab vs Karam Chand on 14 April, 1958
In State of Punjab Vs. Ram Chand 2001 (1) RCR
(Crl.) 817, a Division Bench of this Court, held that it was
imperative to join an independent witness, to vouchsafe the
fair investigation. On account of non-joining of an
independent witness, it was held that the accused was entitled
to be given the benefit of doubt. The principle of law, laid
Crl. Appeal No. 608-SB of 2001
8
down, in the aforesaid authorities, is fully applicable, to the
facts of the instant case. On account of non-joining of an
independent witness, at the time of the alleged search and
seizure, the case of the prosecution, became highly doubtful.
The trial Court failed to take into consideration, this aspect of
the matter, as a result whereof, miscarriage of justice
occasioned.
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