Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Apprehension of arrest in a case pending in some other State - It would not be impermissible for a Court of one State to grant anticipatory bail if petitioner resides within its jurisdiction in respect of apprehended arrest in a case pending in some other State without the jurisdiction of Court and seeks to..........
Indian Penal Code, 1860, Section 323, 325, 307, 34 -- Attempt to murder - Acquittal - Validity - Incident alleged to have took place on 11.11.2011 - FIR registered on 03.01.2012 - Statement of injured recorded after his discharge from hospital - No identification parade conducted after arrest of accused - Prosecution version that injury was caused with gandasi - However,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21 -- Contraband - Illegal possession - Acquittal - Validity - SDPO not produced and examined at trial to prove that exercise of search, seizure and recovery of contraband and arrest of accused was a legitimate and lawful exercise conducted in conformity with mandatory provisions of NDPS Act - Evidence..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(c), 57 -- Charas - Recovery of 1 kg. - Time regarding recovery, its deposit in Malkhana and production before CJM not shown - Not clear as to whether sample was taken from contraband so recovered in presence of CJM - No material to show that information regarding recovery and arrest was immediately forwarded..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52 -- Recovery of opium - Arrest of accused - If a person is not informed of grounds of his arrest, his further detention may become invalid or unlawful, but it cannot be said that his initial arrest itself became illegal - In the instant case, grounds of arrested were intimated to accused after recovery of..........
Absconding -- By itself does not prove the guilt of a person - A person may run away due to fear of false implication or arrest...........
Protection of Women From Domestic Violence Act, 2005, Section 20, 12, 28(3) -- Maintenance - Non payment - Issuance of Non Bailable warrant - Magistrate has followed Special Procedure for arrest of husband for non payment of maintenance - Such procedural order is within the framework of S.28(2) of the Act - Issuance of Non Bailable warrant for non payment of maintenance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(b)(ii)(c) -- Contraband - Delay of 3 hours in lodging FIR when police station was a distance of one kilometer - Delay not explained - Delay also not explained for not producing the contraband before officer-i, charge soon after seizure thereof - No information about seizure and arrest of accused forwarded..........
Criminal Procedure Code, 1973, Section 46(4) -- Arrest of a woman - A woman can be arrested only by a woman police officer, by making a written report and obtaining the prior permission of Elaka Judicial Magistrate, where either the offence is committed or arrest is to be made - However, prior permission of the Elaka Judicial Magistrate would not be required in exceptional..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41(2), 42 -- Contraband - Search carried out by Police Head Constable - Arrest and search having been effected by an officer not being an empowered officer or an authorized officer u/s.41(2) of the Act, same lacks sanction of law and is inherently illegal and as such, cannot form basis of a proceeding in respect..........
