Criminal Procedure Code, 1973, Section 54A -- (as amended in 2005), Evidence Act, 1872, S.9 - Test identification parade - S.54-A of Cr.P.C. confers express power on Court to order TIP at the request of prosecution - To ensure that correct person who committed the offence is identified at the earliest point of time so that investigation proceeds on correct line...........
Prevention of Corruption Act, 1988, Section 19, 13(2), 13(1)(d), Criminal Procedure Code, 1973, Section 197, Indian Penal Code, 1860, Section 420, 409, 471 -- Sanction for prosecution - Cheating - Misappropriation of funds - Although investigation was conducted by CBI under the orders of High Court and charge sheet was also submitted, but competent authority did not grant..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(l), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Pre arrest bail - Offence u/ss 363, 376 IPC, Protection of Children from Sexual Offences Act, 2012, Ss.5(l), 6, Juvenile Justice (Care and..........
Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2) -- Assets disproportionate to known source of income - Allegation that A-1 acquired disproportionate assets more than his known sources of income and A-2 aided to offence committed by A-1 - All the PWs have deposed about their role played in prosecution case - However, perusal of relevant exhibits not inspired..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 499, 354D, Information Technology Act, 2000, Section 67A -- Anticipatory bail - Publication of obscene posts on Facebook - Petitioner actively participated in series of acts which led to publication of material against complainant which indicated and reflected towards alleged sexual conduct on the..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 37, 3 -- Child in need of care and protection - Before putting the child in Children's home, there should be application of mind by Committee - Committee shall take into account the investigation report by the Child Welfare Officer as well as child's wishes...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37(1)(b)(ii), Criminal Procedure Code, 1973, Section 438 -- Contraband - Pre-arrest bail - Entrustment of contraband for purpose of sale - In the instant case, there is sufficient material to indicate complicity of petitioner in crime - Even, there is no reasonable ground for believing that he is not guilty..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cow slaughter - Question of identity of petitioner is based on hearsay and thus a debatable issue having been arisen over its acceptability and legality, together with the fact that recovery, if any, has already been effected and that nothing more is to be recovered from petitioner - Moreover, joining the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of huge quantity of medicines - Defective investigation - Contraband recovered from accused bearing name of company, date of manufacturing, date of expiry, batch number etc. - However, no efforts made by I.O to enquire from concerned company or its wholesaler as to who purchased this huge quantity..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Recovery of huge quantity of medicines - Defective investigation - Overwritings of date in material documents - No explanation given for such overwritings in material documents by prosecution which is fatal to prosecution case...........
