Showing : 61-70 of 191 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2)-- Application for statutory bail dismissed - Second application - Maintainable - In the instant case, application for extension of time filed by prosecution before expiry of 180 days but same is decided after expiry of 180 days - However, application for extension allowed but bail declined - Since,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 36A, Criminal Procedure Code, 1973, Section 167(2), 439-- Bail - Extension of time for investigation - Presentation of challan - In the instant case, prescribed period of 180 days for presentation of challan under the Act expired on 13.06.2015 - However, on same day prosecution moved application u/s 36-A of the Act for extension of time - Neither notice..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 34-- Bail - Offence u/ss 307, 323, 34 IPC - Investigation complete and challan filed - Injured already stood discharged from hospital - Trial will be concluded in due course of time - Accused is presumed to be innocent till proven guilty by competent Court of law - Court is of the opinion that if..........
ALLAHABAD HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 190, Protection of Children from Sexual Offences Act, 2012, Section 7, 8-- Cognizance of offence - FIR lodged u/ss 354A, 352, 323, 147, 506 IPC & Ss.7, 8 of POCSO Act - However, charge sheet laid by police only u/ss 352, 323, 506 IPC - Since police report did not include any offence under POCSO Act, Magistrate can take cognizance of offences mentioned in police report -..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22-- Default bail - Offence u/ss 21 & 22 NDPS Act - Challan not presented as FSL report not received despite expiry of statutory period - Petitioner directed to be released on interim bail, however, only till filing of report u/s 173 Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 36A-- Default bail - Offence u/s 21 of NDPS Act - Commercial quantity of contraband - Challan not filed within 180 days - Application for extension of time filed before expiry of 180 days but not decided within 180 days - Accused filed application u/s 167(2) after expiry of 180 days - Indefeasible right..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 167(2)-- Default bail - While computing period of 90 days, the day on which accused was remanded to judicial custody should be excluded and day on which challan is filed in the Court should be included - In the instant case, accused remanded to judicial custody on 5.7.2013 and charge sheet filed on..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 167(2), 173-- Default bail - Non-presentation of challan/report u/s 173 Cr.P.C. - Recovery of contraband - As per evidence on record, period of 180 days already expired - Even, no application for extension of time has been moved by prosecution - Therefore, indefeasible right to be released on bail as per..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Default bail - Recovery of contraband - Challan not presented within stipulated period of 180 days - Application for extension of time moved after expiry of 180 days was allowed - An indefeasible right to be released on bail as per provision of S.167(2) Cr.P.C. had indeed been accrued to accused -..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Prevention of Corruption Act, 1988, Section 19, Criminal Procedure Code, 1973, Section 197-- Illegal gratification - Sanction for prosecution - Accused discharged as sanction for prosecution was refused - A fresh challan cannot be filed after superannuation of accused from service...........

Showing : 61-70 of 191 Results