Showing : 1-10 of 95 Results

KERALA HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 8(c), 20(b)(ii)(A), 29, 37-- Bail - Recovery of charas, ganja and LSD stamps - Certified copies of arrest memo shows search and seizure doubtful - Arrest memo of accused reveals that they were arrested at 3.30 pm - Accused arrested 15 minutes prior to issuance of notice u/s 50 of NDPS Act - Said sequence of events is totally..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439(2)-- Cancellation of bail - Bail can be cancelled on the grounds, viz. (i) the accused misuses his liberty by indulging in similar criminal activity, (ii) interferes with the course of investigation, (iii) attempts to tamper with evidence or witnesses, (iv) threatens witnesses or indulges in similar..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 437-- Bail - Accused who is charge sheeted without arrest u/s 376 IPC or any other offence punishable with imprisonment for life or death may be released on bail u/s 437(1) Cr.P.C, provided there are no reasonable grounds for Court to believe that accused is guilty of offence punishable with..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Offence u/ss 302, 341, 323, 452, 336, 143, 149 IPC - As on completion of 90 days of prescribed period u/s 167 Cr.P.C there were no papers of investigation or charge sheet u/s 173 Cr.P.C before concerned Magistrate - Accused was thus denied of protection established by law - Issue of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439-- Bail - Application for bail rejected on the ground that petitioner got interim bail to settle the dispute - But there was no settlement, as complainant did not agree to the settlement - Bail cannot be rejected on technical grounds that settlement not arrived at between parties and it should be..........
DELHI HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 23(C), 29, 67, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 3.2 kg cocaine - Petitioner apprehended not solely on the statement of co-accused but also arrested as part of search and seizure operation from one of places which was disclosed by co-accused during operation - Not only petitioner alleged to be apprehended, she alleged to have..........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii)-- Bail - Expression "reasonable grounds" used in provision means something more than prima facie grounds - It connotes substantial probable causes for believing that accused is not guilty of offence charged and this reasonable belief contemplated in turn points to existence of such facts and..........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20(b)(ii)(A), 22(c), 29, 50, Criminal Procedure Code, 1973, Section 439-- Recovery of 2.890 gms Hashish - Bail - Non-compliance of S.50 of NDPS Act will be sufficient to vitiate conviction for illegal possession of contraband - Said no, compliance cannot be said to be mere technical breach - Applicant cannot be prima facie held responsible for unlawful possession of..........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37(1)(b)(ii)-- Expression `reasonable grounds' in S.37(1)(b)(ii) of the Act means something more than prima facie grounds - However, Court while considering bail application with reference to S.37 of the Act, is not called upon to record a finding of not guilty...........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Jurisdiction of court to grant bail is circumscribed by the provision of S.37 of NDPS Act - Limitations on granting of bail specified in S.37(1)(b)(ii) of the Act are in addition to the limitations under Code of Criminal Procedure, 1973, or any other law for the time being in force on..........

Showing : 1-10 of 95 Results