Showing : 3601-3610 of 14550 Results

RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 228-- Framing of charge - At the stage of framing of charge, trial Court is only required to form an opinion in terms of S.228 Cr.P.C. as to whether or not there are grounds for presuming that accused has committed the offence...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 482-- Recovery of 65 grams of smack - Reduction in sentence - Contraband recovered from accused is slightly above small quantity of 50 grams - Accused during his incarceration committed no jail offence - Accused neither required nor involved in any other case - Thus, sentence of accused is reduced to..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 195, 340-- Perjury - Proceedings u/s 340 Cr.P.C. against expert witness - Merely because an expert has tendered an opinion that too without being conclusive and definite, it cannot be said that he has committed perjury so as to help somebody - More so, mere rejection of expert evidence by itself may not also..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 195, 340-- Perjury - Proceedings u/s 340 Cr.P.C. against expert witness - Expert evidence needs to be given a closer scrutiny and requires a different approach while initiating proceedings u/s 340 Cr.P.C., as it is an opinion given by an expert and a professional, particularly when expert himself lodged a..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 195, 340-- Perjury - Proceedings u/s 340 Cr.P.C. against expert witness - Appellant's opinion regarding murder case that cartridges appeared to have been fired from different firearms was based on Court's insistence to give opinion without examining the firearms - It was not even his voluntary, let alone..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 157-- Delay in forwarding FIR to Magistrate - Not fatal to prosecution case, when there was no material on record to show or suggest that FIR was tampered or it was fabricated at a later date by ante dating it or delay in sending FIR was so vital to doubt the prosecution case...........
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..........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 154-- FIR - Mere non mention of two of the names of accused in FIR cannot be fatal to prosecution case, when implication of all accused was perfectly justified and supported by legal evidence as was spoken by eye witness and further corroborated by medical evidence...........
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...........

Showing : 3601-3610 of 14550 Results