SMT. ANUJA PRABHUDESSAI, J. For the Applicant : Mr Taraq Sayed with Ms Ashwini, Ms Alisha Parekh and Mr. Advait Tamhankar For the Respondent -State : Mr. S.H. Yadav, APP Mr. Pawale, PSI, ANC, Azad Maidan Police Station, present. P.C.: 1. By this application under Section 439 of the Cr.P.C. the Applicant seeks enlargement on bail in NDPS Special Case No.580 of 2021 pending on the file of learned Special Judge, (N.D.P.S.) Sessions Court, Greater Bombay, for the offences punishable u... ... ...

25. . - No confession made to a police-officer^[1], shall be proved as against a person accused of any offence.     *************** NOTES:- 1. As to statements made to police-officer investigating a case, see s. 162, ibid. =============... ... ...

24. . - A confession made by an accused person is irrelevant in a criminal proceeding, if the making of the confession appears to the Court to have been caused by any inducement, threat or ^[1]promise having reference to the charge against the accused person, proceeding from a person in authority and sufficient, in the opinion of the Court, to give the accused person grounds which would appear to him reasonable for supposing that by making it he would gain any advantage or avoid any evil of a te... ... ...

23. . - In civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given. Explanation. - Nothing in this section shall be taken to exempt any barrister, pleader, attorney or vakil from giving evidence of any matter of which he may be compelled to give evidence under section 126. =============... ... ...

^1[22A. . - Oral admissions as to the contents of electronic records are not relevant, unless the genuineness of the electronic record produced is in question.]     *************** NOTES:- 1. Ins. by Act 21 of 2000, s. 92 and the Second Schedule (w.e.f. 17-10-2000). =============... ... ...

22. . - Oral admissions as to the contents of a document are not relevant, unless and until the party proposing to prove them shows that he is entitled to give secondary evidence of the contents of such document under the rules hereinafter contained, or unless the genuineness of a document produced is in question. =============... ... ...

21. . - Admissions are relevant and may be proved as against the person who makes them, or his representative in interest; but they cannot be proved by or on behalf of the person who makes them or by his representative in interest, except in the following cases:-- (1) An admission may be proved by or on behalf of the person making it, when it is of such a nature that, if the person making it were dead, it would be relevant as between third persons under section 32. (2) An ad... ... ...

20. . - Statements made by persons to whom a party to the suit has expressly referred for information in reference to a matter in dispute are admissions. Illustration The question is, whether a horse sold by A to B is sound. A says to B -- "Go and ask C, C knows all about it." C's statement is an admission. =============... ... ...

19. - Statements made by persons whose position or liability, it is necessary to prove as against any party to the suit, are admissions, if such statements would be relevant as against such persons in relation to such position or liability in a suit brought by or against them, and if they are made whilst the person making them occupies such position or is subject to such liability. Illustration A undertakes to collect rents for B. B sues A for not collecting rent due from C to B. A ... ... ...

18. . - Statements made by a party to the proceeding, or by an agent to any such party, whom the Court regards, under the circumstances of the case, as expressly or impliedly authorised by him to make them, are admissions. =============... ... ...

ADMISSIONS 17. . - An admission is a statement, ^1[oral or documentary or contained in electronic form], which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances, hereinafter mentioned.     *************** NOTES:- 1. Subs. by Act 21 of 2000, s. 92 and the Second Schedule, for "oral or documentary," (w.e.f. 17-10-2000). =============... ... ...

Course-of-business evidence is relevant where the performance of a particular act is in issue. For correspondence, placement of a letter at the customary collection point, combined with the established practice of taking such letters to post, bears on dispatch. Due posting and absence of return through the Dead Letter Office also bear on whether the letter reached its addressee.

Section 15 makes a series of similar occurrences relevant where the issue is whether a disputed act was accidental or intentional, or was done with particular knowledge or intention. The occurrences must involve the person who performed the act and may support an inference concerning the character, purpose, or state of mind associated with the act in question.

HON'BLE MR. JUSTICE VIKRAM NATH AND HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For the Appellant : Mr. Subir Kumar, Adv.  Mr. Vardhman Kaushik, AOR  Mr. Nishant Gautam, Adv.  Mr. Dhruv Joshi, Adv.  Mr. Ajay Kanojiya, Adv.  Mr. Ayush Singh, Adv.  Ms. Aayushi Sharma, Adv.  Mr. Abhinav Singh, Adv.  Mr. Mayank Sharma, Adv.  Mr. Vinay Kaushik, Adv.  Ms. Sanjana Mehrotra, Adv. For the Respondent : Mr. Aditya Vijay Kumar, Adv.  Mr. Chit... ... ...

14. . - Facts showing the existence of any state of mind such as intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards any particular person, or showing the existence of any state of body or bodily feeling, are relevant, when the existence of any such state of mind or body or bodily feeling is in issue or relevant. ^1[Explanation 1. - A fact relevant as showing the existence of a relevant state of mind must show that the state of mind exists, not generally, but... ... ...

Where a right or custom is in issue, relevant facts include transactions that created, claimed, modified, recognised, asserted, denied or contradicted its existence. Particular instances in which the right or custom was claimed, recognised or exercised, or its exercise was disputed, asserted or departed from, are also relevant. For a fishery right, this may include ancestral grants, mortgages, inconsistent later grants, prior exercise, and interference by neighbours.

Relevance of evidence in a suit claiming damages extends to any fact capable of assisting the court in determining the amount that ought to be awarded. The fact must tend to enable assessment of the appropriate quantum of damages and is relevant for the limited purpose of quantifying the damages claim.

Otherwise irrelevant facts become relevant when they are inconsistent with a fact in issue or relevant fact, or make the existence or non-existence of such fact highly probable or improbable. This includes facts showing the accused was elsewhere or sufficiently distant at the relevant time, and facts excluding other possible perpetrators.

Conspirator statements, acts and writings are relevant against every person believed to be part of a conspiracy where reasonable grounds support that belief. The material must relate to the common intention and arise after that intention was first entertained by any participant. It may prove both the existence of the conspiracy and a person's participation, including where that person was unaware of particular connected acts.

Explanatory and introductory facts are relevant where necessary to explain a fact in issue, support or rebut an inference, establish identity, fix time or place, or show the relationship between parties to a transaction. Their relevance is limited to what is necessary for that purpose. Contextual facts and accompanying statements may explain conduct or the nature of a transaction, while unrelated details remain irrelevant unless required to establish the necessary context.