Bharatiya Nagarik Suraksha Sanhita, 2023, Section 360 -- Withdrawal of prosecution - Trial Court dismissed application u/s 360 BNSS without providing any reasons for not allowing application filed by prosecutor - Even, Trial Court failed to consider or address various grounds canvassed by prosecutor justifying prayer for withdrawal or material furnished before Court -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - S.37 of the Act is not a complete bar to grant of bail in a case where recovery of contraband drug falls within parameters of commercial quantity - It only provides that bail in such cases cannot be granted unless Public Prosecutor has been given an opportunity to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 366, 376(2)(n), 344, 384, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Abduction and rape - Prosecutrix and appellant were having a consensual relationship - Prima facie no plausible explanation for lodging FIR after a..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Consent of court is required for withdrawal - Public prosecutor may withdraw from a prosecution not merely on the ground of paucity of evidence but also to further the broad ends of public justice - Public prosecutor must formulate an independent opinion and mere fact that initiative has come from..........
Criminal Procedure Code, 1973, Section 321 -- Withdrawal from prosecution - Dispute with regard to criminal conspiracy played by respondents against a broadcasting company in deleting and adding names of Directors - Magistrate while permitting withdrawal from prosecution failed to see that final report was filed categorically stating that accused committed offence of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for investigation - Written notice or furnishing of copy of petition or report of Public Prosecutor u/s 36-A(4) of the Act to accused or his engaged counsel is not compulsory - However, accused or his counsel must be present personally or through virtual mode at the time of..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 15A -- Bail - Directions issued that all I.Os/Station House Officers of all Police Stations in all Bail applications (criminal Appeals) which are submitted under SC/ST Act or offences, which have occurred before enforcement of BNSS, whenever Court..........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail - S.45 of the Act imposes two mandatory conditions for the grant of bail to any person i.e (i) prosecutor must be given an opportunity to oppose the application for bail; and (ii) Court must be satisfied that there are reasonable grounds for believing that accused person is not guilty of such offence and that he..........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Appointment - Objection - It is not necessary for accused to show actual prejudice but a likelihood of conflict of interest would in itself be enough to preclude an advocate from appearing for opposite party since an advocate is required to maintain highest traditions of bar...........
Criminal Procedure Code, 1973, Section 24(8) -- Special Public Prosecutor - Appointment - Objection - Apprehension of petitioner as to likelihood of bias or conflict of interest on part of counsel, who has been appointed as a Special Public Prosecutor to conduct the case on behalf of State prosecution in connection with earlier case is misplaced - Not only are victim and..........
