Showing : 61-70 of 199 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, 15, 25-- Default bail - Offence u/ss 15, 25 of NDPS Act - Extension of time to file final report - Only one ground cited that Chemical Examiner report is not received - No compelling circumstances cited - Order granting extension passed in a routine and mechanical fashion - Accused has an indefeasible..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29-- Default bail - Recovery of heroine - Challan not presented within 180 days as prescribed under law - Petitioners moved an application u/s 167(2) Cr.P.C. - However, said application of petitioner was dismissed and application of prosecution for extension of filing of challan allowed retrospectively..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 36A(4), Criminal Procedure Code, 1973, Section 167(2)(a)(i), 439-- Default bail - Recovery of contraband - In the instant case, challan not presented even after expiry of stipulated period of 180 days - Moreover, two extensions of 40 days and 60 days already granted - Prosecution cannot take benefit of S.36-A(4) of the Act for indefinite period - Bail granted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 36A(4), Criminal Procedure Code, 1973, Section 167(2)(a)(i), 439-- Default bail - Recovery of contraband - Huge recovery of contraband is no ground to refuse bail to accused, if accused is in custody and challan has not been part up within prescribed period...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 439, 167(2)-- Default bail - Non-filing of challan within statutory period - Petitioner became entitled to claim benefit u/s 167(2) - But he filed application u/s 439 for regular bail - It is for Court to take note of law - As it is a hyper technical objection, bail should not be refused - Petitioner entitled..........
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), 439, 173(5)-- Bail - In the instant case, charges framed against accused without having chemical examiner`s report - In absence of such report under NDPS Act, it cannot be said as to whether substance recovered from accused was narcotic or not - Moreover, in absence of chemical examiner`s report,..........
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 -..........

Showing : 61-70 of 199 Results