Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42, 43 -- Contraband - Applicability of S.42 of the Act - Search, seizure and arrest of accused was affected not by entering into any building conveyance or place but in a public place - S.43 of the Act is governing the power of seizure and arrest in public place - S.42 of the Act thus, not applicable...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 354, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Demand of dowry - Charge-sheet has been filed in the matter - Accused have been cooperative during the course of investigation - I.O did not find any ground to arrest them during the course of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Notice to complainant - Matters of issue of bailable warrant and representation of accused is between accused and Court - Complainant need not be heard - Moreover, in order to avoid delay in disposal of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Magistrate neither received or called for any report from police regarding non-execution of bailable warrant, nor he was satisfied that accused was avoiding Court's proceedings intentionally - Non-bailable..........
Preventive detention -- Arrest intimation through Short Service Message (SMS) hampers constitutional safeguard of effective representation - Proper intimation has to be given to detenu and detenu must know reason for his arrest - Preventive detention order set aside...........
Criminal Procedure Code, 1973, Section 151 -- Arrest of a person to prevent commission of cognizable offence - Police Officer cannot arrest a person without knowledge of a design and without an imminent threat to commit a cognizable offence, that too without a warrant from Magistrate in exercise of power u/s 151 Cr.P.C, as same would fall foul not only u/s 151 Cr.P.C but..........
Criminal Procedure Code, 1973, Section 167(5) -- Investigation if not concluded within six months from the date on which accused was arrested in a case triable by Magistrate as a summons case - There cannot be an automatic order without anything else to stop investigation on expiry of six months from date of arrest of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57 -- Contraband - Arrest and seizure - Verification of proceedings of arrest and seizure made in the presence of independent witness - However, while conducting the proceedings u/s 57 of the Act no entry was made regarding such an important witness - There is serious doubt over the proceedings of the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Anticipatory bail - CBI filed final report - Special Court issued summons for the appearance of accused - Apprehending arrest, appellants moved applications for anticipatory bail which was rejected -..........
