Weapon Not Sealed: Delays Impacting Court Cases

2025 0 Supreme(Jhk) 1155

It transpires that the pistol was not sealed at the place of occurrence which is in complete violation of the judgment passed by the Hon’ble Supreme Court. ... However, during cross-examination, he admitted that he could not remember as to whether the fire arms were sealed or not in presence of witnesses. He also could not remember as to whether the fire arms were depos....

2023 0 Supreme(Chh) 438

Thus the identity of the weapon and the cartridges seized and the weapon and cartridges produced before the Court was not established by the prosecution. ... We next find from the record that the arms and ammunition allegedly recovered from the appellant and seized were not packeted and sealed. In Amarjit Singh vs. ... State of Punjab, 1995 Supp. 3 SCC 217 this Court ha....

Bombay

He, however, does not say that those articles were sealed at the spot. ... Thus, seizure and sealing of weapon at the spot has not been proved by the prosecution. ... Learned Trial Court also proceed to hold that Appellant was armed with deadly weapon to show that the axe was sealed and kept in sealed condition Vijaymala is not#HL....

2023 Supreme(Online)(MP) 24735

Learned counsel for the appellants submits that in view of the aforesaid admission of the Investigating Officer that seized weapon was not sealed at the spot, presumption should have been drawn in favour of the appellants that no weapon has been seized from the spot and they have been falsely implicated ... Weapons so seized vide Ex.P/6 and Ex.P/9 have not been sealed at the spot, as the....

2022 0 Supreme(Del) 524

vi) The weapon of offence was not recovered at the instance of the appellant nor was it produced before the learned Trial Court. ... Even the accused appellant does not suggest so. k. The only people who arrived at the sport were PWs-1, 2, 3 and 5. ... Learned Trial Court framed charge under Section 302 IPC to which the appellant pleaded not guilty and claimed trial. 3....

2024 0 Supreme(All) 1369

The delay while reaching police station occurred due to non availability of conveyance and pathway becoming muddy. ... This injury could not have been caused by a pointed weapon. This injury must have been caused by a sharp edged weapon. If a small ‘gadasa’ had been fixed in a lathi in that case, such injury might have been caused. Such injury could also have been caused by some flat sharp edged #HL_START....

It is true, as the defence pointed out in its objection to the actual inspection and demonstration held, that an officer of the railway produced a similar weapon and introduced it as stated by the prosecution ; but the Court did not rely on that demonstration, but carried out the experiment itself ... and found there was ample room between the door and the frame for the weapon to be inserted," Mr. ... " at any conven....

2024 0 Supreme(Del) 160

This Court does not have any reason to disbelieve or question the table as given in the counter affidavit. ... It is stated that since the Petitioner is not a renowned shooter in the said events, he is ineligible to import a weapon of 0.22 and 0.32 bore which is a firearm under the Arms Act, 1959. ... The Petitioner claims to be a sportsman associated with the sport of Shooting. He states that he has been....

Cader Saibo [1 2 C.L.W.416.], Poyser J. also held that the delay in sealing excisable articles in the course of a raid is an irregularity that is not necessarily fatal to a conviction. In De Silva v. ... Beebee , the raid took place at 3 P.M., but the opium was not sealed till 6 P.M. Later the seals were broken in the absence of the accused and re-sealed. Moseley J. held that he was bound to follow ....

Delhi

vi) The weapon of offence was not recovered at the instance of the appellant nor was it produced before the learned Trial Court. ... Even the accused appellant does not suggest so. k. The only people who arrived at the sport were PWs-1, 2, 3 and 5. ... Learned Trial Court framed charge under Section 302 IPC to which the appellant pleaded not guilty and....

2019 0 Supreme(Mad) 2692

The fact remains that Mani (P.W.1) escaped death by a whisker and has survived to tell the story to the Court and that has been believed by the two Courts below. Delay in the F.I.R. reaching the Court is not fatal, in all cases. 12. Mr.Kumarasamy contended that the F.I.R. in this case has reached the jurisdictional Magistrate very late and therefore, the prosecution case should be discarded. This Court does not find any infirmity in the findings of fact arrived at by the two ....

2018 0 Supreme(Bom) 668

Weapon which was seized from the accused was not sealed. Blood group of blood of accused and deceased are of “A”. 24. C.A. Report is not a substantive piece of evidence. C.A. Report shows that blood Group 'A' was detected of the blood present on the weapon and clothes.

2016 0 Supreme(J&K) 86

It needs to be pointed out that in order to contradict the certificate issued by the doctor with what he stated in the cross-examination the defence was required to draw the attention of the doctor to what was recorded by him in the certificate which, however, was not done. What is clear from the certificate is that the weapon was in a sealed condition and was sealed again under the signature of the doctor after its examination. The certificate issued by the doctor and duly p....

2012 0 Supreme(Mad) 193

In such circumstances, it cannot be stated that there is no substance in the submissions of the learned counsel for the appellant that the F.I.R is fabricated and has been lodged after much deliberation. In this case, there is long unexplained delay in F.I.R. reaching the Court. In such circumstances, it makes virtually a dent in the very prosecution version of the case.

2005 0 Supreme(Mad) 1041

The Court is unable to notice any delay in F.I.R. reaching the Court also.