Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21C, 25, 27a, 29 -- Bail - Contraband - Police apprehended petitioner who was sitting on the pillion seat of motorcycle driven by his son/co-accused - Whether recovery which was effected from polythene bag held by co-accused in his left hand is also to be..........
Criminal Procedure Code, 1973, Section 439, Prevention of Corruption Act, 1988, Section 7, 7A -- Bail - Offence u/ss 7, 7-A of P.C Act - Petitioner has been in custody since 24.12.2024 - Challan already presented - Prosecution has cited 30 witnesses, none of whom have been examined yet - Trial is likely to take considerable time to conclude - No recovery of any alleged..........
Guardians and Wards Act, 1890, Section 25, 7 -- Custody of child - Claimed by mother - Child is aged about 3.5 years and in custody of father for the last more than one year - Parties had agreed in petition filed u/s 13-B of Hindu Marriage Act that custody of minor son would remain with father and mother of child would not claim custody or meeting rights even in future -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15 -- Contraband - Sampling process - I.O. stated that 18 samples were picked up on the spot and deposited in Malkhana on the same day but there is no evidence led by prosecution to produce incharge Malkhana or Malkhana register to substantiate said statement - Nothing on record to show as to how samples..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Victim had consumed liquor along with co-accused on the night of incident - Complainant had named petitioner as one of assailant - However, keeping in view nature of evidence in the form of testimonies of complainant and PW2 coupled with the fact that petitioner is in..........
Custody of Child -- Presence of child in court - Except in exceptional and unavoidable circumstances, presence of children in Court Hall and in public areas of court premises and for even purpose of counseling, or such other statutory proceedings to be ordered sparingly and with great caution - Where children are so asked to be produced are not made to wait ad infinitum..........
Custody of Child -- Exchange of child for interim or final custody - Only in unavoidable circumstances when situation so expressly warrants and to be recorded in writing that place of exchange be ordered to be court premises and in all other situations an apposite neutral place be identified and fixed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18(c), 29 -- Bail - Contraband - Non-commercial quantity effected from a parcel booked by co-accused - No contraband was recovered at the instance of petitioner - Veracity and admissibility of disclosure statement if any suffered by co-accused against..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29, Indian Penal Code, 1860, Section 279, 336, 427 -- Bail - Contraband - Contraband recovered from abandoned car which was found to be registered in the name of petitioner - Plea of petitioner is that he had already sold the said vehicle to one `H'..........
Indian Penal Code, 1860, Section 411 -- Offence u/s 411 IPC - Reduction of sentence - Incident relates back to year 1997 and petitioner has so far undergone a period of about 17 days in custody out of 1 year of total sentence and also suffered agony and trauma of protracted trial - While maintaining petitioner's conviction for offence u/s 411 IPC, sentence reduced to..........
