Showing : 441-450 of 688 Results

DELHI HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21-- Delay in recording statement of witnesses - Statements of witnesses recorded 2 years after the arrest of appellants - Independent witnesses not supporting the prosecution story - It was unsafe to base the conviction of appellant on the evidence of police officials - Conviction set aside -..........
RAJASTHAN HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 438-- Bail - Contraband - Recovery not made from petitioner - Petitioner arrayed as accused as one of the co-accused after his arrest and after lapse of couple of days gave information that petitioner is also involved in the case - Bail allowed...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance - Can be said to have taken only when Magistrate applies his mind to the contents of the complaint which must have been done so for the purpose of proceeding u/s 200 and the provisions following that section - Where, however, Magistrate applies his mind only for ordering an..........
GAUHATI HIGH COURT
Year of decision: 2008
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(i)(c), 42, 57-- Ganja - Recovery on secret information - Prior information received by Police Officer not recorded into writing and not sent to superior officer - Nothing on record to show that even after seizure and arrest any information was ever given to the superior official - Non compliance of mandatory..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 190-- Cognizance - Can be said to have taken only when Magistrate applies his mind to the contents of the complaint which must have been done so for the purpose of proceeding u/s 200 and the provisions following that section - Where, however, Magistrate applies his mind only for ordering an..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 154-- Punjab Police Rules, Clause 26.1 - Arrest of accused - Power to arrest accused is discretionary - IO is not expected to act in a mechanical manner - A Police Officer is not always bound to arrest an accused even if allegations against him is of having committed a cognizable offence...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Evidence Act, 1872, Section 24, 25, 26, 27, Constitution of India, 1950, Article 20(3)-- Confessional statement - Bar u/ss 24 to 27 Evidence Act and Art.20(3) Constitution of India is not applicable when statement is made prior to arrest - Bar of the said provisions comes into play only when a person is placed in the position of an accused - Even if a person is placed under arrest and..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2008
Details
Indian Penal Code, 1860, Section 211, 220, 330-- Police officials - Offence of wrongful confinement, causing injuries and falsely implicating son of complainant in a criminal case - Accused exonerated in departmental enquiry - However, in an enquiry conducted by Additional Sessions Judge prima facie involvement of accused was found in the..........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 46-- Arrest - Accused voluntarily surrendered before Magistrate and released on bail without being taken into formal custody - Voluntary surrender before Magistrate amounts to arrest - Bail can only be granted when a person is in custody...........
SUPREME COURT OF INDIA
Year of decision: 2008
Details
Criminal Procedure Code, 1973, Section 46-- Arrest - A person, who is not in custody, approaches the police officer and provides information, which leads to the discovery of a fact, which could be used against him, it would be deemed that he had surrendered to the authority of the investigating agency...........

Showing : 441-450 of 688 Results