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Showing posts with label seizure panchnama. Show all posts
Showing posts with label seizure panchnama. Show all posts
Monday, 2 October 2023

Whether the court can rely on call details of mobile used in crime if prosecution fails to prove connection between owner of that Sim and custody of accused of that SIM?

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    As regards the call data and the ransom calls, we may note that Santosh Jadhav, Assistant Nodal Officer, Reliance Communication, was exa...

Supreme court lays down requirements of valid panchnama as per S 100 of CRPC

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   In Yakub Abdul Razak Memon v. State of Maharashtra through CBI, Bombay MANU/SC/0268/2013 : (2013) 13 SCC 1, this Court noted that the pri...

Whether Panchnama is admissible In Court Where Witnesses Merely Acted As Attestors And Did Not Disclose How Objects Were Discovered?

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   Witnesses to the panchnamas and the seizures acted as mere attestors to the documents and did not disclose in their own words as to how t...

Whether the court can rely on discovery at the instance of accused if it was done when he was not accused of any offence and he was not in police custody?

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 In the case on hand, though Rajesh Yadav was taken to the police station, be it on 29.03.2013 or even earlier, he could not be said to be i...
Tuesday, 9 August 2022

Whether prosecution can prove recovery panchnama through evidence of investigating officer?

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  As already stated, on 1st February 1967 the coat, sweater, shoes and socks of the accused and a blanket of the deceased were recovered in...
Saturday, 12 September 2020

Whether recovery of the weapon of offence becomes doubtful if accused were handcuffed at that time?

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This witness has admitted in the cross-examination that all the three accused were hand cuffed right from the time they were taken  out ...
Sunday, 12 January 2020

Whether accused can be convicted under NDPS Act even if seized contraband was not produced before court?

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 Turning to the facts in the present matter, the evidence of PW15 Surender Singh shows that from and out of 7 bags of poppy husk, samples ...
Tuesday, 12 November 2019

Whether seizure panchnama can be proved by evidence of investigating officer even if panch witnesses turn hostile?

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 As pointed out earlier, based on the disclosure statement of Accused No. 1, MO-1-dagger which was kept hidden in the haystack of fodder i...
Sunday, 30 April 2017

Whether seizure of blood stained clothes of accused three days after incident can be relied on?

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 So far  as  the alleged  recovery  of clothes of the app/acc.no.1 and  app/acc.no.2  is concerned, the prosecution relied upon the test...
Sunday, 9 April 2017

Whether recovery panchnama becomes inadmissible in evidence if it is not signed by accused?

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It was then argued that the recovery Panchnama (Exh.76A) did not contain signature of the accused and for which reason the same was in...
Thursday, 14 April 2016

Whether court can rely on recovery evidence even if seized property was not sealed?

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 In our considered opinion, this entire evidence is more than sufficient to prove the involvement of the Accused in the commission of ...
Saturday, 27 February 2016

Whether seizure panchnama can be proved by investigating officer?

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The only other material on which the prosecution can connect the Appellant with the crime is the recovery of the fired cartridge, Ex. 9 an...
Saturday, 10 January 2015

Bombay High court Guidelines to magistrate for recording evidence of witness relating to S 27 of evidence Act

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Even though we are disposing of these appeals by this order it is necessary, considering the interpretation of section 27 of the Evidenc...
Sunday, 17 August 2014

Whether recovery U/S 27 of Evidence Act can be doubted if no independent witnesses were associated with recoveries?

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The disclosure statements by the accused persons stand established by the testimony of Satish Khanna (PW22) and the investigating officer....
Tuesday, 7 January 2014

Whether police officer can prove seizure panchnama?

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 Learned counsel for the appellants has vehemently argued that in some of the recoveries, though a large number of people were availabl...
Saturday, 23 February 2013

Whether investigating officer can prove seizure panchnama if panch witnesses turn hostile?

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This Court, in Anter Singh vs. State of Rajasthan, (2004) 10 SCC 657 , held that even if panch witness turned hostile, the evidence of ...
Sunday, 18 November 2012

Whether crime no. can be mentioned on seizure panchnama later on?

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 As regards point number (i), Mr. Deshpande, learned counsel for the appellant relies upon certain observations in Nathiya's case (supr...