Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Speed alone cannot be a criteria to gauge that offending vehicle was driven in a rash and negligent manner...........
Indian Penal Code, 1860, Section 304A, 279, 338 -- Rash and negligent driving - Panch witness/PW4 has not stated that driver of offending vehicle was driving vehicle in a rash and negligent manner at the time of accident - Other panch witness/PW5 not supported prosecution case - No oral and documentary evidence available on record that accused was driving the offending..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52A, 60 -- Confiscation - Vehicle piloting or accompanying another vehicle transporting Narcotic Drug and Psychotropic Substances cannot be held as vehicle used as conveyance in carrying contraband and said vehicle cannot be subject matter of confiscation u/s 52-A of the Act...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Interim custody of vehicle alleged to be used in committing offence under NDPS Act cannot be denied on the ground of severity of offence...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Interim custody of vehicle cannot be denied on the ground that it is liable to be confiscated in case the offence is proved against accused...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle - There is no reason to deny interim custody of vehicle to owner or person entitled to get possession of vehicle - If the vehicle is allowed to be kept in police station for an indefinite period then value of vehicle shall be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 323, 324, 341, 364, 143, 144, 147, 148, 149, 506 -- Successive bail application - On parity basis - Murder - Accused is relative of co-accused nos.1 to 3 and while committing murder, all of them joined together and went in a vehicle and when CW19 tried to prevent act of accused he was..........
Motor Vehicles Act, 1988, Section 166 -- Road Accident - Delay in disposal of claim cases - Directions issued: (i) On receiving the intimation regarding road accident by use of a motor vehicle at public place, SHO concerned shall take steps as per S.159 of the M.V. Amendment Act; (ii) After registering the FIR, I.O shall take recourse as specified in the M.V. Amendment..........
Indian Penal Code, 1860, Section 304A -- Death by rash and negligent driving - Quashing of proceedings - Offending car was being driven at such high speed that it first dashed against footpath and then collided with a milk van coming from opposite direction and then overturned - Accused was driving the vehicle at utmost high speed inspite of having knowledge that such..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized under NDPS Act - When contraband is recovered from body of accused who traveled in the vehicle, it cannot be hold that vehicle also has been used as conveyance so as to make same as a subject matter of confiscation - Vehicle released on interim custody on conditions...........
