Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2), 439 -- Bail - Recovery of 90 gms narcotic powder - In the instant case, petitioner arrested on 30.08.2013 and 180 days expired on 1.03.2014 - However, incomplete challan presented on 19.12.2013 without report of chemical examiner - Petitioner's application..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Bail - Smuggling of heroin - Challan has not been presented even after extension of time - Petitioners are involved in number of cases - Held, pendency of number of cases against petitioner is not sufficient ground to defeat indefeasible right of..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 700 tablets of Phenotil which has Diphenoxylate hydrochloride as an active ingredient - Non-commercial quantity - As per FSL report each tablet weighed 74 milligrams and thus total weight of 700 tablets was 50.8 grams, which was marginally more..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 354(A), 376, 120B, 506, 509, 34, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Wrongful confinement, criminal intimidation and sexual offences - Investigation is complete - Challan already..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - De novo trial is required only against those accused persons who have been summoned - Where proceedings against one co-accused had already culminated, right of a speedy trial also having been recognized as a fundamental right and in such a situation there would be no impediment for prosecution..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Presentation of challan during pendency of application seeking default bail, does not take away the right of default bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Complainant, at the time of lodging of FIR, has specifically stated the names of persons who had entered his house - It is only in supplementary statement suffered by complainant that the name of petitioner has figured - Further, petitioner was empty handed at the time of..........
Indian Penal Code, 1860, Section 392, 395, Criminal Procedure Code, 1973, Section 439 -- Robbery - Dacoity - Bail - Petitioner was earlier released on bail for offence u/s 392 IPC - Offence u/s 395 IPC was added later, in view of supplementary statement of complainant - Challan already presented in Court - Bail granted with conditions...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Petitioner alongwith co-accused caught hold of hands of deceased whereafter co-accused pressed the neck - Petitioner in custody since 12.03.2013 - Challan presented and case fixed for recording of prosecution evidence - Trial of case to take a long time - No useful purpose will be served by keeping the petitioner behind..........
Criminal Procedure Code, 1973, Section 173(5) -- Supply of copy of complaint which was moved by some persons to the Anti Corruption Bureau - Thereafter independent investigation was conducted and on that basis challan was filed - In the final report complaint was never forwarded - No reliance placed on the complaint - Not a document which support the case of accused -..........
