Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 21(c), 22(c), 23, 25, 27A, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Applicant was made accused and has been in custody in regard to two cases for the same act of allegedly delivering a container containing contraband - However, no recovery of any contraband or cash has been..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Long period of incarceration undergone by appellant - There are no independent witnesses to seizure and pace of trial is rather slow - Out of 17 PWs only one witness has been examined till date - Trial Court would take some time to..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 34 -- Bail - Murder - Eye witnesses have not supported case of prosecution - Custody of petitioner is more than 3 years - Co-accused has been enlarged on regular bail - No recovery is to be effected from petitioner - Petitioner is not involved in any other case - Conclusion of trial is..........
Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 227 -- Abetment of suicide - Discharge - Suicide note shows that appellant was asking deceased to repay the loan guaranteed by deceased and advanced to one `R' - It could not be said that appellant by performing his duty of realising outstanding loans at the behest of his employer can be said to..........
Criminal Procedure Code, 1973, Section 82, 83 -- Attachment of property of accused - Arrest warrants were issued against petitioner for securing his presence before trial Court, but report of process server indicates that standing warrants issued against him were never served or executed upon him, as he was not residing at the place where these warrants were sent -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Keeping in view the role allegedly attributed to appellant and period of incarceration suffered by him, appellant released on bail during pendency of trial - However, appellant shall provide mobile number on which he can be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Consent to engage in physical relations does not extend to the misuse or exploitation of a person's private moments or their depiction in an inappropriate and derogatory manner - Thus, while the first sexual encounter may have been consensual, subsequent ones were..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Power conferred u/s 205 Cr.P.C. is a discretionary power whereunder trial Court can exempt personal appearance of accused persons - However, such discretion can only be exercised in a judicious manner and without any discrimination...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Offence under provision of SC/ST Act - There exists no embargo in exercise of power conferred by S.205 Cr.P.C. in trials involving SC/ST Act - Moreover, provision in the shape of S.205 Cr.P.C. has been incorporated in the Statute to prevent unnecessary harassment caused to accused..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - State has power to withdraw prosecution at two stages, one is before framing of charge or after framing of charge...........
