Showing : 11-20 of 193 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Period of 60 days expired and admittedly no challan/final report presented - Petitioner becomes entitled to default bail as per provision of S.167(2) of the Act - Bail granted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 25, 32, Haryana De-addiction Centre Rules, 2010, Rule 6-- Drug De addiction Centre - Running without licence - Stocking of eight types of drugs containing Buprenorphine - Running Drug De addiction Centre without having any license is violative of provisions of NDPS Rules - However, there is no provision whatsoever either under NDPS Act or D & C Act,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 384, 506, 120B, Evidence Act, 1872, Section 26, 27-- Confession of co-accused - Evidentiary value - Confessional statement of co-accused cannot by itself be taken as a substantive piece of evidence against another accused and thus, cannot be made basis for conviction of accused without corroboration - Such statement can at best be used or utilized..........
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..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Indian Penal Code, 1860, Section 420, 406, 120B, Negotiable Instruments Act, 1881, Section 138-- Offence u/ss 420, 406, 120-B IPC - Quashing of FIR - FIR cannot be quashed merely on the ground that complaint u/s 138 of N.I Act is filed, particularly when police has found material to present challan against petitioner showing his involvement in conspiracy - Petition for quashing dismissed...........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 228, Indian Penal Code, 1860, Section 302, 120B-- Framing of charge - Offence u/ss 302, 120-B IPC - Police filed challan against petitioner along with other accused - Evidence on record particularly call details shows that petitioner was having illicit relation with co-accused and on the date of incident petitioner and co-accused had conversation..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Presentation of challan - Challan has to be presented before Court and Court alone - Merely leaving it with Ahlmad or any other functionary would not satisfy compliance of S.167(2) Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 173(2), 167(2), Evidence Act, 1872, Section 114(e)-- Presentation of challan - Presumption of judicial acts - Judicial order on record shows that challan has been presented before Court on 5-2-2018 - Ahlmad in its report also stated that challan was filed on 5-2-2018 - There is thus, presumption in law that judicial acts are regularly performed -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Accused filed application for default bail on 5-2-2018 at 10.00 am sharp - Challan was presented on the same day thereafter - Once accused moves an application u/s 167(2) Cr.P.C, same cannot be frustrated by subsequent filing of challan at a later stage - Accused, thus has..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - Juvenile in conflict with law - Murder case - Accused arrested on 7.11.2017 and was produced before JJ Board on 8.11.2017, wherefrom he was sent for 3 days remand - Challan was presented on 5.2.2018 - While computing the period of 90 days of custody, day on which accused remanded to..........

Showing : 11-20 of 193 Results