Criminal Procedure Code, 1973, Section 154 -- Prompt FIR - Rape case - FIR lodged just after one hour of occurrence, as accused was arrested on the spot - Accused was brought to police station by public - It is clearly mentioned that it was accused who committed the offence as he was arrested on the spot - FIR, held, fully corroborates the prosecution case...........
Criminal Procedure Code, 1973, Section 167(2) -- Remand in police custody of absconding accused arrested after filing of charge sheet - Held, remand can be granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Police remand can be sought u/s 167(2) Cr.P.C. in respect of an accused arrested at the stage of further investigation, if interrogation is needed by investigating agency...........
Criminal Procedure Code, 1973, Section 309(2) -- Expression `accused if in custody' in S.309(2) Cr.P.C. does not include the accused who is arrested on further investigation before supplementary charge sheet is filed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25, Criminal Procedure Code, 1973, Section 489 -- Suspension of sentence during pendency of appeal - Recovery of 350 kgs poppy husk from vehicle not owned by accused - Accused not arrested at the spot - Accused was on bail during trial - No other case pending against him - Sentence suspended...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Contraband - Accused arrested on the basis of information provided by co-accused - Contraband was recovered from co-accused - No evidence on record even prima facie showing involvement of accused in any manner in the incident - I.O. did not take any evidence in furtherance of the received information -..........
Criminal Procedure Code, 1973, Section 161 -- Statement u/s 161 Cr.P.C. - During investigation of a case an accused is not entitled to get a copy of statements recorded by investigating officer u/s 161 Cr.P.C. or other documents which as of right he will get u/ss 207/208 Cr.P.C. on his appearance after he is issued process u/s 204 Cr.P.C. - Even when accused is arrested..........
Indian Penal Code, 1860, Section 363, 365, 376(2)(f), 302, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Kidnapping, rape and murder of 8 years old mentally and physically retarded girl - Accused after brutally raping victim girl, hit her head against motorcycle and then used a stone to smash her head and tried to flee that very night itself - Police..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Recovery of 9 bags each containing 40 kg 600 gms poppy straw - Chance recovery - Story projected by prosecution that two accused managed to escape from the spot is not reliable as age of accused `K' was about 60 years - No evidence on record as to identification of these two accused persons - I.O did not..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Second anticipatory bail application - Petitioner has not been arrested for the last about 03 years despite being an accused in an NDPS matter, which shows prima facie inefficiency of investigating agency/prosecuting agency - He is also involved in..........
