Showing : 81-90 of 2387 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 59 gms of buprenorphine - Recovery effected from accused falls within commercial quantity of contraband - Provision of S.37 of the Act comes into play - Although accused intends to take shelter of R.66(2) of Rules, but he has taken a specific plea that totally false and..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376-- Anticipatory bail - Rape on pretext of marriage - Live-i, relationship between parties - Petitioner never promised prosecutrix that he will marry her - He never made any obscene video of prosecutrix with him nor had ever threatened her - Prosecutrix has stated in FIR that petitioner forced her to..........
PATNA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, 389-- Recall of order - Accused seeking bail pending appeal - Appeal dismissed by entering into merits of case - Right of accused prejudiced - Impugned order recalled in exercise of inherent powers of Court u/s 482 Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 325, 34-- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Property dispute between parties - Petitioners have no criminal history - Even during period of bail, petitioners not misused said liberty - Incident occurred in 1982 - Passage of time may not mitigate rigour of their guilt, but it is..........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Twin tests as enumerated in S.37 of NDPS Act are to be satisfied by Court while considering grant or rejection of bail - Failure to satisfy two conditions would disentitle accused to get privilege of bail...........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Offence under NDPS Act - Grant of bail when an accused is charged with specific offences under NDPS Act is impaired and circumscribed by rigorous negative pre-conditions enumerated in S.37 of NDPS Act - Stipulations in S.37 of NDPS Act are negative, intended to restrict power to grant bail..........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2), 37-- Recovery of 93.900 kg cannabis - Bail - Non-compliance of S.42(2) of the Act - At the stage of granting bail, presence of Gazetted Officer at the time of seizure and recovery of articles and subsequent arrest of accused, amounts to substantial compliance of S.42(2) of the Act, if not for literal..........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Recovery of 93.900 kg cannabis - Bail - Secret information - Accused found involved in illicit trade of NDPS - Due compliance of provision of S.42 of the Act made out - Independent witnesses joined the search and seizure process - Twin tests as enumerated in S.37 of the NDPS Act not satisfied by..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 12 kg of poppy husk - Reduction of sentence - Non-commercial quantity - FIR pertains to the year 2002 - Accused is facing litigation since then and has never misused the concession of bail granted to him during trial as well as during pendency of appeal as it is apparent from custody..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 417, 420-- Anticipatory bail - Rape and cheating - Contents of FIR and statement of victim shows that accused lured her, promised to marry and enjoyed her sexually, but for that she could not have consented - It is thus, an offence of rape u/s 375 IPC, as no free consent as contemplated by S.39 IPC is there..........

Showing : 81-90 of 2387 Results