Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 NDPS Act - Recovery of 500 gms intoxicating powder (Tramadol) - Two reports of police - In one it is declaring petitioner as innocent and in other, declining plea of his defence version - It will be a matter before trial Court to see as to..........
Civil Procedure Code, 1908, Order 8, Rule 1A -- Production of documents - Certified copies of documents of earlier proceedings sought to be produced which are plaint, written statement and corresponding orders passed by Court in earlier proceedings - Suit is for recovery of possession after serving a notice u/s 106 of T.P Act - Nothing more is required to be gone into..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 29 -- Contraband - Call detail between petitioner and main accused at the time of recovery is very much available on record, which clearly shows involvement of petitioner - Prima facie there is sufficient evidence available on record against petitioner for framing charge against him - Order framing charge..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(x), Indian Penal Code, 1860, Section 498A, 323, 504, 506 -- Anticipatory bail - Offence u/s 3(1)(x) of SC/ST Act and Ss.498-A, 323, 504, 506 IPC - No sufficient material on record prima facie to arrive at conclusion that offence under..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of Charas - Commercial quantity - All police officials not appearing time and again - There is no other case registered against petitioners - Bail granted...........
Indian Penal Code, 1860, Section 294(a), 294(b), 325, 506(II) -- Offence u/ss 294(a), 294(b), 325, 506(II) IPC - Non-recovery of stick and knife allegedly used by accused, by itself cannot be fatal to prosecution case, because recovery of material objects falls within domain of police investigation over which victims have no role to play...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 21.8 gms buprenorphine - Petitioner is in custody for over a year - Petitioner not involved in any other case under NDPS Act - Conclusion of trial is likely to take some time - Bail granted...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Complainant filed a civil suit against accused for recovery that he had given as loan earlier - Thereafter, complainant lent Rs.3 lac on a promissory note and that when accused gave three post-dated cheques, he return promissory note to accused, sounds gilbertian (Humor)..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17 -- Bail - Recovery of 5 kg 10 gms Opium - Recovery effected from Truck - Accused `L' neither owner of truck nor police has collected any evidence to connect him with the recovery of contraband - Question as to whether he was working as conductor over truck and was..........
Civil Procedure Code, 1908, Section 152, 153 -- Amendment of cause title - Recovery suit - Proprietor of firm not arrayed in suit due to accidental slip - However, firm was arrayed as defendant no.3 - Description of defendant no.3 may be imperfect in the plaint, an error which can be permitted to be corrected - It is neither addition nor substitution of a party, but merely..........
