Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 4 kg charas - Petitioner neither arrested from the spot nor any recovery was effected from him - He was framed in the case on the basis of disclosure statement of co-accused - Petitioner is already in custody since September 2016 but challan..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Powers of Appellate Court: (i) Appellate Court has full power to review, re-appreciate and reconsider the evidence upon which an order of acquittal is founded: (ii) Cr.P.C. puts no limitation, restriction or condition on exercise of such powers and; (iii) Appellate court on the evidence before it may..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Offence u/s 409 IPC - Not only documentary evidence but also evidence of PW6 substantiates allegations against petitioner - Even, materials collected during course of investigation corroborate evidence of PW6 recorded during trial - Thus, there is sufficient grounds for proceeding against..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheques - Sentence - Eighteen complaints relatable to one single transaction giving rise to one cause of action - Substantive sentence is to be concurrently rather than independent/consecutive sentence in each complaint cases, which is not so in case of sentence..........
Constitution of India, 1950, Article 226, 32, Criminal Procedure Code, 1973, Section 154, 156, 190, 200 -- Writ - Mandamus - Non-registration of FIR by police despite furnishing information of commission of cognizable offence - Writ can be declined due to no, availing alternative remedy when cause shown in no, registration of offence u/S.154 of Cr.P.C., despite furnishing..........
Constitution of India, 1950, Article 226, 32, Criminal Procedure Code, 1973, Section 154, 156, 190, 200 -- Writ - Mandamus - Even stranger to offence can inform police about commission of any cognizable offence - Failure of police to perform statutory duty can certainly accrue casue of action to stranger to seek writ of mandamus u/Art.226 of Constitution of India...........
Criminal Procedure Code, 1973, Section 154, Constitution of India, 1950, Article 226 -- FIR - Writ - Mandamus - Even stranger to cognizable offence has locus standi to seek issuance of mandamus against police to act u/S.154 of Cr.P.C., provided such stranger is first informant...........
Criminal Procedure Code, 1973, Section 154, Constitution of India, 1950, Article 226 -- FIR - Writ - Mandamus - While issuing writ of mandamus directing police to perform its statutory duty u/S.154 of Cr.P.C., accused is not required to be heard...........
Criminal Procedure Code, 1973, Section 154, Constitution of India, 1950, Article 226 -- FIR - Writ - Mandamus - Direction sought in writ of mandamus is against police authorities and not against proposed accused and therefore proposed accused is neither required to be heard not to be impleaded as party...........
Criminal Procedure Code, 1973, Section 154, Constitution of India, 1950, Article 226 -- FIR - Writ - Mandamus - Proposed accused whose name is mentioned in FIR is not necessary party, in writ seeking issuance of mandamus against police authorities compelling them to perform their statutory duty u/S.154 of Cr.P.C...........
