mala fides
of the Investigating Officer was established by the
subsequent conduct of his participation in the writ
proceedings was obviously illegal. When the investigation ... similar type of fertiliser. Even the quality of
the fertiliser was not tested before issuance of
purchase order. All this was done in extreme
haste
which the prosecution strongly
relied, is of identification of the accused persons in the Test
Identification parade on 07.02.2000. P.W.24-VSN Alornekar, Special ... manner of conducting the identification parade. A-
1 and A-2 were placed in the same identification parade with 6
dummies each, which was contrary
Section 2.] means all undertakings acquired, organised, constructed, maintained, extended, managed or conducted by the corporation for the purpose of providing tramsways, trackless trams ... misconduct in the discharge of his official duties, or of any disgraceful conduct while holding or while he was holding the office of the Mayor
whether excluded Mala fide action of disciplinary
authority - Whether can be assailed - Conduct of government
servant must justify dismissal or removal or reduction in
rank ... removed or reduced in rank without
any inquiry on the ground of conduct which has led to his
conviction on a criminal charge. Under clause
regulation of assemblies and amusements, the distribution of the Police Force, the conduct and character of any Police Officer subordinate to the [Superintendent], the utilization ... higher than that of an Inspector] the District Magistrate may report his conduct to the [Director-General and Inspector-General]. The [Director-General and Inspector
recovery
of the alleged weapon of offence. An application for
conducting Test Identification Parade (TIP) of the appellant
8
was also moved. Thereafter, the appellant ... Manu Sharma and Tony Gill. We shall separately
discuss about the Test Identification Parade and the
validity of desk identification during time in the latter
made to the police under Section 161 Cr.P.C., no test
identification parade was held. The accused are said to have been
produced ... reliable identification [see Japal Singh vs. State of Punjab,
1996(4) Crimes 74 (SC)].
On the omission of not holding test identification parade the
High
been shown by the
Investigating Officer prior to Test Identification Parade, holding
an identification parade in such facts and circumstances
remains inconsequential. (vide Shaikh Umar ... before the Test
Identification Parade, the identification itself looses its
purpose. If the suspect is available for identification or for
video identification, the photograph should
production of the report of the Radiological test and
not holding the Test Identification Parade would not discredit
the investigation or the prosecution case ... that the substantive
evidence is the evidence of identification
in court and the test identification
parade provides corroboration to the
identification of the witness
parade is treated as vitiated every test
identification parade would become unusable. We remind ourselves that
identification parades are not primarily meant for the court ... test identification parade,
we feel that the safeguards adopted by PW-2 Executive Magistrate were quite
sufficient for ensuring that the parade was conducted
