Sec 3 , explosive substances act
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(Querist) 02 November 2011
This query is : Resolved
sirs,
i am very much in need of some citations (preferably of supreme court) on the follwing topics . please help me sirs !
1) only police testimony, the sole independant witness to the seizure has turned hostile
2) no legal evidence that seized articles were explosives as they were not sent for any chemical analysis
3)inordinate delay in sending samples to magistrate court
4)arrest and seizure on the basis of a prior information.but no search warrant from a magistrate/ a search memorandum was prepared send to the magistrate before going for search
5)Pw1 arresting officer(SI) says he has seen the accused on the right side of a house. But, Pw2 police constable says that he has seen the accused on the left side of the house
6)
pw1 SI says they were 6 persons , in total , in the raiding party
but, pw2 constable says that they were only 5 persons in the raiding party
7)same set of witnesses for SCENE MAHASSER and SEIZURE MAHASSER , which were prepared by two differenr police officers on two different days . as per scene mahasser there are a lot of people residing near bye
8) charge sheet submitted in the magistrate court after a long delay
thanking you sirs ,
SALIL KUMAR.P
ADVOCATE
THALASSERY-670101
MOB : 9447536929
kumar sachin
(Expert) 17 September 2012
i dont remember the citation right now but you have got a very good case to defend
the contradictions are going to help you a lot.
do remember to place the same in proper sequence to convince the court during argument
thereafter the case is yours
