Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of intoxicant powder - Search was not conducted in presence of either Gazetted Officer or Magistrate - No independent officer was joined at the time of alleged recovery - Alleged intoxicating powder which was recovered from petitioner, as per FSL..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Directions issued that in all cases where accused is a `Company', before issuing summons to the accused persons the trial Court/Magistrate shall direct complainant to produce a copy of Form No.32 and the annual Return filed by the Company in order to determine the persons, who..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - After submission of supplementary charge sheet - Powers of trial Court after cognizance against a particular offender not available against same offender, but if supplementary charge sheet is submitted and another offender is included in array of accused, then looking into subsequent development,..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Imposition of conditions - Validity - Magistrate directed to sureties that they shall provide a shelter to accused at concerned place till completion of trial - Said condition is without jurisdiction and it is illegal and liable to be set aside...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/ss 302, 341, 323, 452, 336, 143, 149 IPC - As on completion of 90 days of prescribed period u/s 167 Cr.P.C there were no papers of investigation or charge sheet u/s 173 Cr.P.C before concerned Magistrate - Accused was thus denied of protection established by law - Issue of their custody had to be..........
Criminal Procedure Code, 1973, Section 157 -- Delay in forwarding FIR to Magistrate - Non-compliance of S.157 Cr.P.C - Obligation is on I.O. to communicate report to Magistrate - Delay in submitting report is always taken as a ground to challenge the veracity of FIR and day and time of lodging FIR - But mere delay in sending report itself cannot lead to a conclusion that..........
Criminal Procedure Code, 1973, Section 82, 299 -- Absconder - Petitioner was in custody after his arrest - He was released on interim bail - Petitioner was not in custody when application for regular bail was filed by him, as his bail was cancelled by trial Court and he was directed to surrender - But instead of surrendering, petitioner filed present application -..........
Indian Penal Code, 1860, Section 354, Criminal Procedure Code, 1973, Section 482 -- Outraging modesty of woman - Quashing of order taking cognizance - Allegation that A-2 outraged modesty of complainant by embracing her and pulling her saree in backside of outpost on pretext of recording her statement - Though there is some discrepancies in the statements of witness, but..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of 3000 Aprazolam 0.5 tablets - Difference in ingredient of tablet recovered from that of report of FSL - Seals of parcel were found intact and matched with specimen seal impression - Accused was produced before Magistrate and Magistrate took out from the main parcel one representative sample..........
Criminal Procedure Code, 1973, Section 439, Punjab Excise Act, 1913, Section 61, Indian Penal Code, 1860, Section 420, 465, 468, 471, Trade Marks Act, 1999, Section 103, 104 -- Bail - Offence u/s 420, 465, 468, 471 IPC, s.61 of Punjab Excise Act and Ss.103, 104 Trademark Act - FSL report has not been received - Offence is triable by Magistrate and only challan has been..........
