Bharatiya Nagarik Suraksha Sanhita, 2023, Section 497 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner neither named in FIR nor found to be an accused - He is thus, entitled to get supurdagi of vehicle with conditions - Application allowed...........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Victim has not supported prosecution case and has exonerated accused in her examination - Material exhibit sent to Forensic Lab for examination did not find anything incriminating in them - Merely by I.O. stating that accused was brought at police..........
Indian Penal Code, 1860, Section 376(2)(i), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Rape - Accused convicted under both the provisions i.e IPC and POCSO Act - However, trial Court has not considered the fact that S.42 of POCSO Act states that offender if found guilty of such offence shall be liable to punishment only under POCSO Act or under..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2(1)(d), 2(1)(e) -- Bond and bail bond - When accused is released on bond without sureties it is called as a bond and when accused is released on a bond with sureties it is called a bail bond...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 141(1)(b) -- Imprisonment in default of security - Court is only empowered to issue a warrant against accused, but not his sureties, who are only obligated to ensure that accused keeps up with his undertaking in bond and that he is produced before Court if ordered - Only action that can be taken against sureties is to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Independent witness - Material discrepancies in the statements of PWs with regard to recovery and other material aspects and only one independent witness was joined in the investigation - However, said witness was given up by prosecution being won over by accused - However, independent witness..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Statements of PWs are contradictory on the material points as they differ regarding time of reaching at the spot, duration of time for which they had remained at the spot and when ruqa was sent - They also differ as to whether people were passing from there or not - These discrepancies assume..........
Criminal Procedure Code, 1973, Section 407 -- Transfer and consolidation of two cases - Both the offences relates to same chain of events and accused in both the cases are same - Filing of second FIR by police is thus, not proper - Same accused are being forced to face two trials and in two trials, evidence will have to be adduced separately - Since series of events..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - At the time of summoning u/s 319 Cr.P.C. Court has to see that there is a strong and cogent evidence against such person and not merely probability of his complicity...........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 498A, 306 -- Summoning of additional accused - Offence u/ss 498-A, 306 IPC - General, vague and omnibus allegations were made against opposite parties No.2 to 4 without referring to any date, time and place as well as nature of offence - There is not even a prima facie case against opposite..........
