Showing : 1-10 of 37 Results

DELHI HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 323, 325, 452, 427, 354, 201, 341, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x), (xi), (s)-- Bail - Offence u/ss 323, 325, 452, 427, 354, 201, 341, 34 IPC and S.3(1)(x), (xi), (s) of SC/ST Act - No allegations regarding uttering derogatory remarks made by complainant at initial stage when she dialed at No.100 - Petitioners are in custody since March 2019 and even arguments on charge have..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c), Criminal Procedure Code, 1973, Section 100(4)-- Recovery of charas - Non-compliance of S.100(4) Cr.P.C - Second independent witness was present on the date to depose but examined on another date on objection from defence side - Witness did not appear subsequently as won over by accused - No material on record to conclude that witness was..........
DELHI HIGH COURT
Year of decision: 2019
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 20, 25, 29, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 100 kg Ganja - There are reasonable grounds to believe that petitioner is not guilty of said offence - Entire case so far petitioner is concerned is circumstantial i.e. based solely on disclosure statement of co-accused which is per se not admissible without there being any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Narcotic Drugs and Psychotropic Substances Rules, 1985, Rule 66, Criminal Procedure Code, 1973, Section 439-- Recovery of more than 100 gms of Alprazolam - Recovery falls within ambit of commercial quantity of recovered substance - Petitioner thus, not entitled to benefit of S.37 of Act, irrespective of provisions contained in R.66 of Rules 1985 - It is not the case that petitioner was keeping contraband..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 50, Criminal Procedure Code, 1973, Section 100-- Search - If it is not possible to take accused to nearest Gazetted Officer or Magistrate, due to possibility of person to be searched parting with possession of contraband, apprehending officer may proceed to search person of accused by following procedure laid down u/S.100 Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22-- Bail - Recovery of 100 gms intoxicant powder - Police official who conducted search and seizure was not holding the rank of ASI and he was only granted ad hoc promotion/rank of ASI and drawing salary for the post of head constable - He was thus, not competent to exercise powers specified u/ss 42,..........
CHATTISGARH HIGH COURT
Year of decision: 2016
Details
Indian Penal Code, 1860, Section 304(Part II), Criminal Procedure Code, 1973, Section 100-- Offence u/s 304(Part II) IPC - Plea of self defence - Accused were the aggressors - Plea of self defence therefore not available to aggressors - Moreover, three persons were injured and one succumbed while only accused no.1 suffered minor injuries - Plea of self defence rejected - Accused..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 100(4)-- Recovery of 5 bags of poppy husk - Non-joining of independent witness - House in question raided on secret information, but no public person or neighbour called at the time of house search, which is mandatory as per S.100(4) Cr.P.C. - Non compliance of S.100(4) Cr.P.C., is fatal to prosecution..........
KERALA HIGH COURT
Year of decision: 2015
Details
Criminal Procedure Code, 1973, Section 100(4)-- Search - Independent witness - A witness always accompanying the police as witness is not a respectable independent witness as stated u/s 100(4) Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 100(4)-- Poppy husk - Recovery of four bags - Non joining of independent witnesses - Recovery from house - As per S.100(4) Cr.P.C. it was mandatory for raiding party to associate two or more independent and respectable inhabitants of the locality where search was to be conducted - Many persons were..........

Showing : 1-10 of 37 Results