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1 - 10 of 12 (0.49 seconds)Section 52 in The Delhi Excise Act, 2009 [Entire Act]
Rajasthan Excise Act, 1950
State Of Rajasthan vs Om Prakash Sharma on 21 July, 2008
"... Surprisingly, the secret information (Ex.
PW7/A) received by the SubInspector Narender
Kumar Tyagi (PW7), the notice under Section 50
of the Act (Ex. PW5/A) alleged to have been served
on the appellant, the seizure memo (Ex. PW1/A)
and the report submitted under State v. Om
Prakash Section 57 of the Act (Ex. PW7/D) bear the
Page 15 of 19 ACMM/E/KKDC/Delhi/06/01/2020
FIR No. 30/2014,
PS : New Ashok Nagar State Vs Parveen Sharma
number of the FIR (Ex. PW4/B). The number of the
FIR (Ex. PW4/B) given on the top of the aforesaid
documents is in the same ink and in the same
handwriting, which clearly indicates that these
documents were prepared at the same time. The
prosecution has not offered any explanation as to
under what circumstance number of the FIR (Ex.
PW4/B) had appeared on the top of the aforesaid
documents, which were allegedly prepared on the
spot. This gives rise to two inferences that either the
FIR (Ex. PW4/B) was recorded prior to the alleged
recovery of the contraband or number of the said
FIR was inserted in these documents after its
registration. In both the situations, it seriously
reflects upon the veracity of the prosecution version
and creates a good deal of doubt about recovery of
the contraband in the manner alleged by the
prosecution."
Section 50 in The Delhi Excise Act, 2009 [Entire Act]
Section 57 in The Delhi Excise Act, 2009 [Entire Act]
Section 160 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 207 in The Code of Criminal Procedure, 1973 [Entire Act]
Appabhai And Anr. vs State Of Gujarat on 5 February, 1988
I
get strength from the judgment of the Hon'ble supreme
Court of India in Appabhai and another v. State of
Gujarat, AIR 1988 SC 696. However, in the present case,
it is not only the absence of public witnesses which raises a
doubt on the prosecution but there are other
circumstances too, as discussed hereinafter, which raise
suspicion over the prosecution version.