Bharatiya Nagarik Suraksha Sanhita, 2023, Section 302 -- Production warrant - When formal arrest of an accused is recorded pursuant to an order/production warrant issued u/s 302 BNSS, there is no requirement to inform him of grounds for his arrest separately - Order/warrant in Form No.37 itself is sufficient to comply with requirement - However, even in such cases,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 72 -- Bail - Non-bailable warrant of arrest (NBWA) - I.O. has not waited for scheduled time and NBWA issued against petitioner is an affront to personal liberty of petitioner - Same appears to have no legal sanction of law, as NBWA should be last resort in a criminal case when issuance of Bailable Warrant would not..........
Criminal Procedure Code, 1973, Section 73 -- Non-bailable warrant (NBW) - Power of Magistrate - Magistrate or Court below High Court are not powerless to issue a warrant at the stage of investigation - Undoubtedly on issuing such warrant, production of accused would be before Court and not before I.O and on such production Court shall deal with person in accordance with..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Evidence Act, 1872, Section 114(g) -- Recovery of 800 gms charas - Search and seizure - Non-production of sample parcel sent for chemical examination in Court, is fatal to prosecution case for want of production of missing link between parcels produced in Court and chemical Examiner's report, particularly..........
Criminal Procedure Code, 1973, Section 73 -- Arrest warrants - Warrant can be issued for appearance before Court only and not before police - Authorization for detention in police custody is neither to be given as a matter of course nor on mere asking of police, but only after exercise of judicial discretion based on materials placed before him - But it cannot be said that..........
Criminal Procedure Code, 1973, Section 73, 82 -- Non-bailable arrest warrant - When any requisition made by police before any Court for purpose of no, bailable warrant, then requisition must disclose that there is evidence to substantiate allegation that person concerned is an accused of a no, bailable offence and is evading arrest also at same time - Such requisition..........
Criminal Procedure Code, 1973, Section 446 -- Imposition of penalty of bond amount of surety - Validity - As soon as accused met with his family members (sureties) they tried for his production - Quarrel took place - Appellant "G' immediately made a report to concerned police station where warrant of arrest was pending - Accused was taken into custody which was informed to..........
Civil Procedure Code, 1908, Order 21, Rule 37, 38 -- Execution - Issuance of warrant of arrest - Validity - Judgment and decree has been passed in the year 1995 - Execution of same is still pending - Judgment debtor did not appear in person in complete disregard of Court's order - Held, order of issuance of warrant for arrest of judgment debtor proper - So far as enquiry..........
Civil Procedure Code, 1908, Section 151 -- Additional evidence - Court can allow recall of a witness or permit fresh evidence when additional evidence, oral or documentary will (a) assist in rendering justice; (b) Court is satisfied that non production earlier was for valid and sufficient reasons - Court should firstly (a) award appropriate costs to the other party to..........
Criminal Procedure Code, 1973, Section 437, 439 -- Bail - Refused for non recording of formal arrest - Production of accused before Magistrate in terms of production warrant - Can be treated as `brought before Court' for the purpose of entertaining bail application u/s 437 Cr.P.C...........
