Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Bail - Contraband - Accused is behind the bars in this case since 14.05.2024 - He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between accused and co-accused - Neither..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Accused is a habitual offender and is involved in six more cases - He has also been convicted in two cases under NDPS Act - Mere fact that quantity involved is a non-commercial quantity would not necessarily mean that accused has right to..........
Criminal Procedure Code, 1973, Section 437 -- Bail - Magistrate while rejecting bail application has given detailed reasons for the same - Filing of application u/s 482 Cr.P.C for challenging order rejecting bail, amounts to second bail application - Application rejected...........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Death of informant - Wife of deceased/informant can contest the case after death of an informant...........
Criminal Procedure Code, 1973, Section 2(wa) -- Victim - Death of informant - Impleadment of wife of informant - Wife though is the legal heir and can contest the case after the death of her husband - However, wife has not suffered any loss or injury rather she herself instigated her four real brothers to commit the offence by attacking informant with danda and lathi -..........
Criminal Procedure Code, 1973, Section 161 -- Statement of witnesses recorded u/s 161 Cr.P.C. - Cannot be the basis to convict accused and that too for a serious offence of murder - Such statement is used merely to contradict a witness with his previous statement...........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - High Court can re-appreciate the evidence and come to a different conclusion but it must keep in mind that interference with a judgment of acquittal can only be for compelling reasons - S.378 Cr.P.C does not provide any limitation to the powers of Court while dealing with the judgment of acquittal...........
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 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22 -- Bail - Contraband - Petitioner has undergone a substantial period of custody - Rigors of S.37 of NDPS Act, can be diluted to an extent in view of salutary provision of the Art.21 of Constitution - Moreover, co-accused has been granted concession of bail -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cancellation of anticipatory bail - Cheating - Forged documents - Veracity and authenticity of documents alleged to be forged were to be ascertained by I.O. - Charges were framed against accused - Custodial interrogation of accused not required - Anticipatory bail..........
