Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(c), 29, 61, 58, Criminal Procedure Code, 1973, Section 439 -- Recovery of 270 gms of heroin - Bail - It would be strange that contraband would be randomly planted on any person coming in a vehicle without there being any enmity shown between any particular police officer and petitioner looking at the fact..........
Criminal Procedure Code, 1973, Section 389(1), Indian Penal Code, 1860, Section 376, 506 -- Suspension of sentence during pendency of appeal - Appeal against conviction - Rape - FIR was lodged initially u/s 294 IPC and S.376 IPC was added later on - No internal and external injury was found on person of prosecutrix as per her medical report - Hymen was found old torn..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200, 202, 482 -- Dishonour of cheque - An accused can be summoned on the basis of affidavit filed on behalf of complainant - There is no need to record statements u/s 200 and 202 Cr.P.C...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Permission to go abroad - Cheating - Dispute is about a loan of Rs.11 crores for which Promoters/Directors have already mortgaged 26 acres of factory land and a 8 kanal house in Chandigarh and thus interest of..........
Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentences - Where there are different transactions, different crime numbers and cases have been decided by different judgments, concurrent sentence cannot be awarded u/s 427 Cr.P.C...........
Criminal Procedure Code, 1973, Section 427, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 23, 21, 29, 21(c) -- Concurrent running of sentences - Conviction of accused in two cases under NDPS Act - Accused convicted by two different Courts in two different trials for offences with respect to different transactions - Judgment in both the cases delivered one..........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While disposing discharge application, Court below may not appreciate the defence of accused, as same should be appreciated at the stage of trial...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While disposing discharge application, application of mind should be reflected, as Court is not to act as mere post office...........
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Suspension of sentence during pendency of appeal against conviction - Conviction u/s 29 of NDPS Act - Accused has undergone 8 years out of 10 years of total sentence - Appeal is unlikely to be heard early - Though offences under NDPS Act are of a serious nature..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Evidence recorded by Court during trial is to be accorded primacy and for purpose of exercise of power u/s 319 Cr.P.C, would have to be given weight over material which was collected during course of investigation...........
