Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quality - Recording of finding as mandated in S.37 of the Act is sine qua non for granting bail to accused involved in offences under the Act - Twin conditions provided in the said Section are (i) satisfaction of Court that there are reasonable grounds for believing that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Mere fact there is no independent witness of recovery that by itself cannot be considered as a ground for grant of bail, inasmuch as, evidentiary value of testimonies of police witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Secret information - Petitioners have not been able to demonstrate that they suffered any prejudice on account of not being provided grounds of arrest and therefore merely on the said..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Commercial quality - Allegations against petitioners are grave and serious in nature - Petitioners are foreign nationals - However, they do not have any immigration record of foreign..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Non-disclosure of reasons - High Court has not disclosed any reason whatsoever as to basis on which bail has been granted - Impugned order set aside on this short ground itself - Matter remitted...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence and grant of bail - Merely imposing condition of directing accused to carry out plantation of saplings on the premise that it would serve social cause and on said basis, bail came to be granted by suspending the sentence without considering merits, could not stand test of law - Impugned order of granting..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 69, 352 -- Bail - Rape - False promise of marriage - Physical relationship between applicant and victim was without protest and there was no insistence by victim for marriage as she was in relationship with applicant for last four years as has been averred in her statement..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - It is permissible for an accused to repeat his prayer for bail on new grounds u/s 483 BNSS after rejection of his earlier bail application as language employed in S.483 BNSS are, "that any person accused of an offence and in custody be released on bail" - This suggest without any slender of doubt or ambiguity..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Repetition of prayer for anticipatory bail after rejection by a Bench of co-ordinate jurisdiction after invoking power of review of decision of earlier Division Bench of co-ordinate jurisdiction may lead to a judicial anarchy...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Charge sheet has been submitted against petitioner - All these aspects were subject matter of earlier anticipatory bail applications - There is no fresh ground to entertain present anticipatory bail application - Anticipatory bail application rejected...........
