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Gen.Manager,State Bank Of India & Ors vs Anju Jain on 25 August, 2008

26. Disclosure statement cannot be admissible as there is no recovery pursuant to the disclosure statement and there is no independent witness to the same. Moreover, there is a doubt as to the recovery of the alleged quarter bottles of illicit liquor from the possession of the accused. Derivative use of custodial statement is not permissible in law. Disclosure statement is admissible only in evidence if something is recovered from the accused which is not within the Digitally signed ISRA by ISRA ZAIDI Date: 2026.05.16 FIR No. 132/2019 Page 12 of 14 ZAIDI 15:22:46 +0530 State vs. Anju knowledge of the police before recording the disclosure statement of the accused. Hence, the same becomes inadmissible in law.
Supreme Court of India Cites 6 - Cited by 636 - C K Thakker - Full Document

State Of Punjab vs Balbir Singh on 1 March, 1994

19. Considering the aforesaid observations made by the higher Courts, the omissions/failure on the part of investigating agency to join independent public witnesses create reasonable doubt in the prosecution story and substantiates the defence version that there is false implication of the accused in the present case and that the recovery has been falsely planted upon the accused. Further, considering facts and circumstances of the present case in the light of ratio in State of Punjab v. Balbir Singh, AIR 1994 SC, there was no lack of time and opportunity to associate some independent witnesses with the search and strictly comply with the provisions of Code of Criminal Procedure. Hence, the above-mentioned facts create serious doubt on the case of the prosecution.
Supreme Court of India Cites 60 - Cited by 1785 - S R Pandian - Full Document

State Of J&K vs Syed Afzal Zaidi . on 3 November, 2015

22. Further, Chapter 22 Rule 49 of Punjab Police Rules, 1934, provides that the hour of arrival and departure on duty at or from a police station of all enrolled police officers of whatever rank, whether posted at the police station or elsewhere, with a statement of the nature of their duty shall be entered vide a separate entry and Digitally signed ISRA by ISRA ZAIDI Date: FIR No. 132/2019 Page 10 of 14 2026.05.16 State vs. Anju ZAIDI 15:22:32 +0530 this entry shall be made immediately on arrival or prior to the departure of the officer concerned and shall be attested by the latter personality by signature or seal. In the present case, no departure or the arrival entry has been proved on the record by the prosecution. In absence of the arrival entry of the police officials their presence at the spot cannot be believed.
Supreme Court - Daily Orders Cites 0 - Cited by 3 - Full Document
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