Fatal or not

This query is : Resolved 

10 February 2019

Accused ran away with other two accused persons and left the car when he saw police naka....the accused was caught by police (story of FIR)
Now the same accused is sentence for two years under section 15 ndps act
The police failed to trace out the ownership of the car recovered neither they have shown any police report regarding theft of the said car
Other accused acquited on account of named in disclosure statement of co accused(PRESENT ONE)
It is important that the recovery was from the back seat of the car
Whether the non tracing out of the ownership of car is fatal on part of prosecution or not? Because accused is not the owner of car

11 February 2019

Dear Sir,
It all depends upon facts of each case. It is admitted fact that it was recovered from the back seat of car which was in possession of the present accused as such ownership of such vehicle is immaterial.

Please mark “LIKE” if satisfied by my answer.

Hemant Agarwal (Expert)
24 February 2019

1. The Prosecution is Faulty. The Owner of the Car has to be a Accused or a Witness.

2. Depending on facts, the charges against accused should include "theft of car" .OR. the Car-Owner should have recorded his Car-Theft (and become a prosecution witness) or he should be charged for abetment of crime and for possession of material seized from his car.

Keep Smiling .... Hemant Agarwal
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