Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18B, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Contraband - Recovery of 4.400 Kgs. of contraband opium - Contraband remained in the custody of preventive squad for about 24 hours without any legal action and during this period a long distance from one State to another was covered..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal of prosecution - Double murder case - Withdrawal of prosecution merely on the ground of good public image of accused - This reasoning cannot be accepted especially in cases of involvement of influential people - Order allowing withdrawal of prosecution of accused set aside...........
Criminal Procedure Code, 1973, Section 384 -- Condonation of delay - Delay in filing appeal - While considering a delay petition, Court cannot impose a condition to deposit part of amount covered by verdict impugned, as a pre-requisite to condone delay in filing an appeal...........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 25, 26 -- Confessional statements - Recorded by Police Officers which are part of charge sheet must be ignored and cannot remain a part thereof...........
Criminal Procedure Code, 1973, Section 294 -- Documents - Calling upon accused to admit or deny the genuineness of documents produced by prosecution alongwith the list u/s 294 Cr.P.C, could not be said to be in any way prejudicial to the right of accused, nor could it be said to be compelling him to be a witness against himself as contemplated u/art 20(3) of Constitution...........
Indian Penal Code, 1860, Section 363, 366A, Protection of Children from Sexual Offences Act, 2012, Section 6, Criminal Procedure Code, 1973, Section 482 -- Kidnapping and sexual assault - Compromise - Victim solemnized marriage with accused - Though marriage between parties do not satisfy the age criterion as laid down u/s 5 of Hindu Marriage Act, but such a marriage would..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that accused after receiving the goods, did not pay the money - Proceed of crime is amounting to the tune of Rs.6,71,92,431 - Such averments would prima facie make out a case for investigation by authorities - If the allegation discloses a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - On parity basis - Accused and co-accused were apprehended while they were carrying the contraband - Co-accused has already been granted bail - Accused is at par with co-accused and his further custody will not serve any meaningful purpose -..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Condition to deposit 50% of compensation amount while suspending the sentence is not justified taking into account the purpose and object of S.357 Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Non-filing of FSL report along with charge sheet is not sufficient to arrive at the conclusion that charge sheet filed was incomplete - Said report can be filed by way of a supplementary charge sheet and in any case, FSL report is only a corroborative piece of evidence - Application for default bail rejected...........
