...to have been not kept in proper custody and proper form so that the court can be sure that what was seized only was sent to the Chemical Examiner. There is a big gap and an important missing link. In...the mahazar Ex. P-2 which is immediately said to have been prepared, there is nothing mentioned as to under whose custody it was kept after seizure. Unfortunately for the prosecution even PW 6 does...absolutely silent as to what he did with the seized article till it was produced in the court. As a matter of fact he did not produce it in the court. PW 3, A.S.I is supposed to have produced the same in the...

.... What the evidence of PW 18 and the Mahazar prove is that a knife and gloves were recovered in the presence of A-2 but that cannot be regarded as sufficient for connecting A-2 with the commission of....3. What is contended by the learned counsel for the appellant is that the only evidence on the basis of which the appellant has been convicted is that of discovery of knife and gloves...Mahazar, the contents have been denied. No doubt, PW 18, the Investigating Officer has proved that Mahazar but it clearly appears from the Mahazar that the knife and gloves were found lying in the open in...

...BDA has acquired land by issuing preliminary notification, final notification and has passed the award. In pursuance of the award, the possession has also been taken on the Mahazar. What is noted in...said application and he has filed an appeal. He strongly relied on the mahazar produced by the BD A, inter-alia stating that, the possession has not been taken by the BDA. Once the possession is not...the mahazar is, the plaintiff had filed Writ Petition before this Court and in the Writ Petition there was an interim order and in view of the same, the possession was not taken. It has come in the...

...mentioning that he was beaten up with a cricket bat, as per the mahazar what is recovered is a stick of Gliricida tree. This incongruity may lead to ultimate acquittal is the apprehension of the petitioner....3. The petitioner is the defacto complainant in Crime No. 680/2016 on the file of the Parassala Police Station. The offences alleged therein are punishable under...Sections 341, 294(b), 324 and 326 of IPC. The writ petition was filed on 3.8.2016. It is submitted by the learned Public Prosecutor that on 31.7.2016 a final report had been filed in this case...

...mentioning that he was beaten W.P.C. No.25968 of 2016 2 up with a cricket bat, as per the mahazar what is recovered is a stick of Gliricida tree. This incongruity may lead to ultimate acquittal is the...justice. 3. The petitioner is the defacto complainant in Crime No.680/2016 on the file of the Parassala Police Station. The offences alleged therein are punishable under Sections...341,294(b), 324 and 326 of IPC. The writ petition was filed on 3.8.2016. It is submitted by the learned Public Prosecutor that on 31.7.2016 a final report had been filed in this case...

...only local witnesses must be attestors to a mahazar. What is the credibility of such witnesses is a matter of trial and accused can take it as one of the grounds of defence. No ground is made out to...allegation against him is that he had harboured the accused and therefore the charge is framed under Section 212, I.P.C. 3. What is argued before this court by the learned counsel for...of 16.12.2012. The main grievance of the petitioner is that the signatures to the mahazar are by CW-6 and CW-7 who are not local residents. 4. There is no hard and fast rule that...

...in the mahazar and the grounds of detention, we are of the view that the narration of facts in the grounds of detention does not reflect what is stated in the mahazar. This aspect has not been.... 3. At the foremost, the learned counsel appearing for the petitioner by drawing our attention to the reference made in the mahazar, which is available at page 41 of the booklet relating to the...passed by the detaining authority is liable to be quashed on the ground of nonapplication of mind. 4. In the light of the said submission, we verified the police mahazar wherein it is...

...have been given by CW-7. What is mentioned in the mahazar, is that CW-7 did not know the names of the accused and that they came to know about their names little later. Then he refers to the statement...discrepancy in what is mentioned in the mahazar, the same cannot be given any importance. The statement of CW-7 very much shows that he saw the accused inflicting injuries to the deceased and thereby..., the learned counsel for the petitioner argues that the investigating officer drew up spot mahazar on 9.5.2020 in between 7.40 and 10.30 a.m. In this mahazar there is a mention about statement said to...

...the Head constable says is that he proceeded to the house of the petitioners on information. What that information was is not disclosed. The Mahazar itself is clearly not admissible in evidence...both the Courts below have absolved the petitioners and it is not necessary to go into that part of the case. The piece goods bale is said to have been recovered from the petitioners' house on 7 — 7...— 1945 and it is alleged that the seizure was made on information given by the first accused. The evidence relating to the seizure of the articles is somewhat thin. It consists of the evidence of the...

...person. The arrested person revealed the names of the petitioners. The Forest Officer drew up a mahazar taking the measurements of the logs. 4. What is forthcoming from the mahazar ...) 2 This Criminal Petition is filed under Section 438 Cr.P.C praying to enlarge the petitioners on bail in the event of their arrest in ...Forest Officer, Shivamogga. This is a petition under section 438 Cr.P.C. 2. Heard both sides. 3. The prosecution case reveals that the Range...

.... 3. If the two mahazars are compared, what is found is that the second mahazar was also drawn at the place where the first mahazar was drawn. As per the report made by the petitioners...in the land bearing Sy.No.59/3. Rather what he found was 20 logs of teak. But at some distance he saw a tree being cut and removed and suspecting that the said tree might be rose wood, collected...more report to the Deputy Range Forest Officer. Based on it, the latter visited the very same village and drew up mahazar to the effect that he found rose wood tree being cut and removed illegally...

...mentioned on the board. (5) THE next ground for seizure mentioned in the Mahazar is that the stock was not entered in the opening stock register at the beginning of the day. The Mahazar is held ev...and 5 bags of atta were seized from the shop. In the seizure Mahazar, it is mentioned that the rate board was in cement attached to the wall and so it could not be removed, that the rates were not yet...mentioned on in the stock register was not shown. It is for these reasons that the seizure was effected according to the Mahazar. (2) THE learned Counsel appearing for the writ...

...possession under the mahazar. 3. Learned counsel for the petitioner submitted that there is no specification in the mahazar as to what is meant by Ganja and what are the conte...be in the said Ganja, whether it contained the flower or flower containing seeds, leaves and stems of Ganja plant. Simply it is stated that Ganja was seized, which was kept in a plastic bag...Science Laboratory, Hyderabad for qualitative analysis. He has drawn my attention to Exs.S1 and S3 at Page No.42 of the charge- sheet papers, which is placed before the Court and it shows that the...

...proceedings.5. From the seizure mahazar, what is discernible is that the vehicle was seized on the presumption that the load of materials is meant for filling up a paddy land. As rightly...JUDGMENTThe petitioner is aggrieved by the seizure of a vehicle, namely, a tipper lorry having registration No. KL-45C-3735 According to him he had undertaken construction...the way by the policemen of Viyyur Police station and was removed to the Police Station. The allegation is that the vehicle has transported red soil (laterite), unauthorisedly. Exhibit P2 is the copy of...

...description of the seal which was affixed on the sample bottle. That fact is also not mentioned in Ext.P2 seizure mahazar. What is stated in Ext.P2 seizure mahazar is that it was the personal seal...effect in Ext.P2 seizure mahazar.14. Ext.P3 is the crime and occurrence report prepared by PW1 at his office. The description of the articles seized given in Ext.P3 report does not show...which was affixed on the sample bottle. The specimen impression of the seal is not seen affixed on Ext.P2 mahazar. There is no evidence as to which letters formed the seal used by PW1 for sealing the...

...the refrigerator in the kitchen of the house in which the petitioner is residing and they seized it. What is stated in the mahazar is only that it is the meat of some wild animal. It is n...This is an application for anticipatory bail filed under Section 438 of the Code of Criminal Procedure. 2. The petitioner is the first accused.... 3. The prosecution case is as follows. On 14.3.2018, at 10.15 hours, the Forest Range Officer of Thannithode Forest Station searched house No.9/95 of Chttar Panchayat. The forest...

...whatever name they may be known or designated. 4 7. However, in the seizure mahazar what is described in the Kannada...) 1 This Criminal Petition is filed under Section 439 Cr.P.C. to release the petitioner on bail in Cr.No.636/2014 of...Tavarekere Police Station, Ramanagara District, which is registered for the offences punishable under section 20(C) of Narcotic Drugs and Psychotropic Substances Act, 1985. This Petition coming on for orders...

...plan already submitted by the commissioner. Instead, the commissioner is directed to prepare a fresh plan, report and mahazar in accordance with what is prayed for by the plaintiffs and such report shall be treated...) for the purpose of locating item No. 1 in the plaint. The suit was filed for fixation of boundary. There are two items in the plaint schedule. Item No. 1 is not located or identified by the Advocate...purpose of locating item No. 1 in the schedule.2. The objection raised by the respondent is that the prayer in the petition is to locate item No. 1 based on the description made in the...

...prepared by the Sub Inspector, it is mentioned that, by the smell of the material contained in the beedi, the Sub Inspector was convinced that it contained ganja. On the other hand, what is stated in the first information r...1. This is a petition filed under Section 482 Cr.P.C for quashing the proceedings against the petitioner in the case C.C.No.844/2018 on the file of the Court of the...Judicial First Class Magistrate-IX, Ernakulam.2. The petitioner is the sole accused in the aforesaid case. The offence alleged against him is punishable under Section 27 of the Narcotic Drugs and...

...Exhibit P1 mahazar under duress and therefore, that he may be given an opportunity of proving the facts contrary to what is stated in the mahazar.5. Since the petitioner is only seeking a...that there is no challenge to Exhibit P1 mahazar even in this writ petition. He contends that Exhibit P1 was recorded by the APTS on the date of inspection and that the signature of the petitioner's son...limited relief of being given an opportunity to rebut the presumption, which is normally available to Exhibit P1 mahazar, I see no reason why he should be denied the opportunity, particularly because...