Criminal Procedure Code, 1973, Section 439 -- Bail - Power to remand an accused to judicial custody is a crucial judicial function that must be exercised with due diligence and in strict compliance with procedure established by law - A lapse in this regard strikes at the very root of personal liberty - Bail granted...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Petitioner has been in custody since 09.03.2023 - He was initially remanded to police custody upon production before Magistrate and was subsequently remanded to judicial custody - However, subsequent to filing of challan, trial Court did not pass any formal or express order extending judicial remand of petitioner - Even,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 29, 61, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Custody period undergone by accused is 1 year and 23 days - Quantity of alleged contraband is marginally over and above commercial quantity - Co-accused has already been granted concession of bail - Petitioner is not a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Recovery of 200 grams of opium milk - Reduction of sentence - Appellant has been suffering agony of trial for last more than 19 years - He has already undergone custody of 2 months and 16 days out of total sentence of 2 years - Since there is no minimum punishment prescribed u/s 18 of the Act, it would be..........
Custody of child -- Utmost sincerity, love and affection showered by either of parents, by itself cannot be a ground to decide custody of a child...........
Custody of child -- Interim custody period of 15 days granted to father - Younger of two children being son aged about three years, has hardly lived with his father who lives and works in Singapore - Thus, directing custody of tender aged boy to be assigned to father, even on an interim basis for a period of 15 days each month, is grossly unjustified and may have serious..........
Custody of child -- Interim custody period of 15 days granted to father - Environment being provided to eight years old daughter by father during interim custody period of 15 days may not be conducive to her physical and emotional well-being - Continued consumption of food procured from restaurants/hotels would pose a health hazard, even to a grown-up person, what to talk..........
Custody of child -- A parent cannot be implicated for kidnapping their own child as both the parents are his equal natural guardians...........
Custody of child -- Claimed by father - Writ of habeas corpus - Mother of detenu ordinarily resides in Australia - Detenu was left with the house help by his father, while he was on a business trip to Belgium - Perturbed by same, detenu called his mother in distress and she flew all the way from Australia to be with him - It would also be rather unfair to expect her to..........
Criminal Procedure Code, 1973, Section 439, Central Goods and Services Tax Act, 2017, Section 132(1), (c), (f), (h) -- Bail - Offence u/s 132(1), (c), (f), (h) of Central Goods and Services Tax Act - Appellant is in custody for a period of almost 7 months - Case is triable by a Court of a judicial Magistrate - Sentence is limited and prosecution is based on documentary..........
