Criminal Procedure Code, 1973, Section 173(6), Unlawful Activities (Prevention) Act, 1967, Section 44, National Investigation Agency Act, 2008, Section 17 -- Object of S.44 UAPA, S.17 NIA Act and S.173(6) Cr.P.C. is to safeguard witnesses - They are in the nature of statutory witness protection - On Court being satisfied that the disclosure of the address and name of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 25 loose tablets and 1100 intoxicant tablets - Bail - Petitioner is a lady of 38 years and is in custody from 3.7.21 - Quantity recovered falls under commercial quantity - However, investigating agency was not able to gather any sufficient..........
Finance Act, 1994, Section 66(B) -- Payment of service tax - Appellant seeking exemption - Appellant had obtained service tax registration under category of `manpower Recruitment or Supply Agency Service' - Whether the appellant is a job worker within the meaning of the exemption notification dated 20 June 2012 or is merely a supplier of contract labour for the work of the..........
Indian Penal Code, 1860, Section 420, 465, 468, 471, Passport Act, 1967, Section 12(1)(b) -- Cheating - Forged document - Motive to create forged document by accused is not proved - Prosecution agency has not referred said forged document before handwriting expert to verify it - Want of sanction is fatal to prosecution case and there is no sanction as per S.15 of Passport..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Directions issued to all SHOs across State of Rajasthan and judicial officers that: (i) whenever a further investigation is kept pending for want of other material or trace of accused or for whatever reasons, it would be incumbent upon IO/SHO to move an application before..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 363, 376D, 328 -- Summoning of additional accused - Kidnapping and rape - Prosecutrix remained consistent with her statement right from the date when she reported the matter to police, in her statement recorded before police, in her statement recorded before Magistrate u/s 164 Cr.P.C and her..........
Prevention of Corruption Act, 1988, Section 19 -- Sanction for prosecution - Competent authority signed the draft order or copying the same under his signatures, which frustrate the mandate of provision of S.19 of the Act - It is enjoined upon competent authority to apply its mind instead of towing the line with investigating agency mechanically - Even, otherwise, when..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - High Court should not embark upon an inquiry regarding reliability or genuineness of document as the same is the task to be undertaken by investigating agency...........
Indian Penal Code, 1860, Section 224, 225, 332, 353, 392, 307, 302, 120B, Arms Act, 1959, Section 25, 54, 59, Evidence Act, 1872, Section 10 -- Attack on police party - Test Identification Parade - As per prosecution, apart from police party who were escorting accused in train there were about 50-60 passengers - No independent witness was examined - Out of four young boys..........
Criminal Procedure Code, 1973, Section 293, Evidence Act, 1872, Section 45 -- Narco Analysis Test - Petitioner wanted to subject himself to Narco Analysis Test, which is necessary to buttress his statements u/s 313 Cr.P.C - However, possibility of accused himself making exculpatory statements to support his defence also cannot be ruled out - There is no mechanism or..........
