Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 15(c), 18(c), 25, 29 -- Bail - Contraband - Accused implicated primarily on the basis of memorandum of co-accused recorded u/s 27 of Evidence Act and his own memorandum - No recovery has been made from accused and he was not present on the spot at the time of..........
Service -- Sealed cover procedure - Mere pendency of investigation and grant of prosecution sanction will not be sufficient to enable the authorities to adopt the sealed cover procedure against an employee - Disciplinary/criminal proceedings can be said to be initiated against the employee only when a charge memo is issued to employee in a disciplinary proceeding or a..........
Service -- Promotion - Sealed cover procedure - Charge sheet against respondent was filed well after the meeting of Departmental Promotion Committee (DPC) was convened - Hence, it could not be said that prosecution for a criminal charge was pending against respondent when DPC was convened - Move on the part of DPC to resort to the sealed cover procedure was unjustified and..........
Prevention of Corruption Act, 1988, Section 7, 12, 13(2), 13(1)(d), Indian Penal Code, 1860, Section 120B -- Illegal gratification - Discharge - Charge sheet contains no allegation against accused to connect him with payment - Except for the bald allegation of participation in alleged conspiracy without giving any details of conspiracy, accused has been roped in the charge..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing charge, Court has to shift and weigh the material only for the purpose of forming an opinion as to whether there is any material to frame charge - While doing so, Court has to peruse entire charge sheet along with statements of victim and other witnesses as well as documents..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - FIR can be quashed even when charge sheet is filed, provided a satisfaction is reached, inter alia, that either FIR and charge-sheet read together, even when accepted as true and correct without rebuttal, does not disclose commission of any offence or that continuation of proceedings arising out of such an FIR..........
Criminal Procedure Code, 1973, Section 164 -- Statement of victim recorded u/s 164 Cr.P.C - Magistrate/Courts should not issue certified copies of statement recorded u/s 164 Cr.P.C. to any person till cognizance is taken on the charge-sheet/police report - Even lower Courts are issuing certified copies of statement recorded u/s 164 Cr.P.C. (Now S.183 BNSS) which is legally..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29 -- Contraband - Abetment and criminal conspiracy - Simply mentioning in the charge sheet that offence u/s 29 of the Act is made out against accused is not sufficient enough to allow his incarceration until and unless any material is attached with the charge-sheet showing involvement/participation of accused...........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the time of framing of charge, entire evidence as collected by investigating agency may be considered to have a prima facie view if there is sufficient material disclosed in the charge sheet - No minute analysis of evidence collected has to be undertaken to consider whether accused would finally be..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Alteration of charge can happen at any time during the trial u/s 216 Cr.P.C, but not an additional charge sheet...........
