Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - High Court refused to grant - However, direction issued that on surrendering accused before Magistrate he shall be released on bail on such terms and conditions as Magistrate may deem fit and proper - Held, when High Court expressed the view that it is not inclined to grant anticipatory bail then it could..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Recovery of poppy husk by Investigating officer on receipt of secret information - He must reduce it into writing and send it to SHO and required to inform higher authorities - But it is not mandatory to reduce it into writing - Substitute is provided to Investigating Officer to send full particulars of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Following factors to be considered while granting pre-arrest bail - (i) Nature and gravity of accusation; (ii) Antecedents of applicant including fact as to whether he has previously undergone imprisonment on conviction by a Court in respect of any cognizable offence; (iii) Possibility of applicant to flee..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(b),42,50,57 -- Recovery of Smack - Conviction - Appeal - Nothing to show that seized Narcotic was kept in sealed cover and paper packet and polythene packets sent to Registrar were under seal cover for purposes of forwarding same to FSL - No record to show that seal was also deposited in Malkhana - Special..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Parameters to be considered while considering application for anticipatory bail:- (i) Nature and gravity of accusation and exact role of accused must be properly comprehended before arrest is made; (ii) Antecedents of applicant including fact as to whether accused has previously undergone imprisonment on..........
Criminal Procedure Code, 1973, Section 2(h) -- Investigation - Meaning of - Held, all proceedings permissible under Cr.P.C., for collection of evidence, is investigation - The moment offence is registered investigation starts - Police at one hand arrested other accused in this case and also recorded statement of various witnesses while petitioner was abroad and eluding his..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 53,54 -- Rape - Medico-legal examination of accused - Contention that consent of accused was not taken at the time of medical examination - Contention not tenable - Held, Ss.53 & 54 CrPC permits Investigating Officer to arrest accused and if he finds that some evidence could be made available..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cancellation sought on ground of violation of one of the four conditions - Order of anticipatory bail never became operative as there was no arrest and there was no release on bail by furnishing bond as ordered - Accused was bound to follow the four conditions only on coming into operation of the order of..........
Criminal Procedure Code, 1973, Section 167 -- Computation of period for default bail under proviso to S.167(2) - Held, time starts from date of remand - Time does not begin to run from date mentioned by Investigating Officer as date of formal arrest of accused...........
Constitution of India, 1950, Article 22(2), National Security Act, 1980, Section 3(2) -- Preventive detention - Accused under arrest in a number of cases - Held, not justified to pass an order of detention on mere apprehension that he was likely to be released on bail - In addition FIRs in respect of which accused had been arrested relate to almost 12 years before passing..........
