Narcotic Drugs and Psychotropic Substances Act, 1985, Section 55 -- Recovery of contraband - Non-compliance of S.55 - Held, when there is no defence about tampering of seal or safe custody of contraband articles then contention of alleged no, compliance of S.55 would lose its importance and would be inconsequential...........
Evidence Act, 1872, Section 26 -- Extra-judicial confession - Made to a Doctor while in police custody - No police official was standing near accused at the time of making extra-judicial confession - It cannot and shall not detract against the fact that he continued to be in custody of police officer - Held, so-called confession is not admissible in evidence...........
Forest Act, 1927, Section 52(4), 52C, Criminal Procedure Code, 1973, Section 451, 457 -- Forest offence - Release of vehicle - Jurisdiction of Magistrate - Held, in view of bar created in S.52-C of the 1927 Act, vehicle cannot be released by Magistrate after getting intimation of seizure u/s 52 of the 1927 Act - It is authorized officer who is vested with power to pass..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - Offence based on documents which were in custody of bank - Allegation against petitioner was only of connivance and not of forgery or fabrication of any document - Custodial interrogation not required - Interim bail granted made absolute...........
Criminal Procedure Code, 1973, Section 482, 156(3), 190 -- Inherent powers - Registration of FIR - Direction sought to register a case against police officials for having committed a cognizable offence for causing fracture of forearm of son of petitioner when he was allegedly in custody of police - Disputed question of fact involved - Held, such question cannot be..........
Evidence Act, 1872, Section 27 -- Recovery of articles - Murder - Recoveries are made one year three months after the incident in question - Except the two rings, Titan Watch, all other items are weapons used for commission of alleged crime apart from car documents and cash of Rs.92,000/- - It has come on record that weapons seized were not having blood stains - Held,..........
Criminal Procedure Code, 1973, Section 164 -- Confession - Recording of - Accused who was in police custody during the night i.e., immediately prior to recording of confession was taken to Magistrate at 6.00 A.M. - Confession statement was recorded - Even at the time of preliminary enquiry before recording confession i.e., while Magistrate explained accused that he is..........
Constitution of India, 1950, Article 21, 22(1), Criminal Procedure Code, 1973, Section 304 -- Death sentence without giving assistance of counsel for defence - Fair trial - De novo trial - For an occurrence of 1997, appellant, a Pakistani, was arrested in 1998 and since then he is in judicial custody - Charge against him was framed on 18.02.1999 and it took more than five..........
Prisons Act, 1894 -- Jail manual - Police custody - Escape of prisoners - Four criminals escaped from Police custody during escort from Court to Jail - Thereafter murdered 14 persons - Held, it is serious matter and required remedial measures - Directions issued to State of M.P. (i) to make amendment in the existing rules and provide that dangerous prisoners shall not be..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of - Murder Case - FIR lodged on 23.07.2010 - Since then applicant is in judicial custody - Last bail application was rejected on 06.09.2011 as having been withdrawn - Order sheets dated 04.07.2011, 30.07.2011, 29.08.2011, 01.10.2011, 01.11.2011, 24.11.2011 and 23.12.2011 of trial Court reflected that applicant has..........
