Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 364, 392 IPC - Vehicle in question hypothecated by original owner in favour of appellant by entering into hire purchase agreement - Entry of hypothecation of vehicle in favour of appellant was very much there in original registration certificate, which was..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Ownership rights - Cannot be determined in proceedings u/s 451 Cr.P.C...........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Custody of vehicle should be given to the person who is recorded as its registered owner and in case another person disputes such ownership he should get his rights determined from civil Court - In case of any claim arising on account of misuse of vehicle released on Supardari it would be the registered..........
Criminal Procedure Code, 1973, Section 451 -- Release of vehicle - Ownership - Registration certificate of vehicle in favour of a person is an important determinative factor of ownership of the vehicle, keeping in view the limited scope of inquiry in a proceeding u/s 451 Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once an application u/s 167(2) Cr.P.C. is filed after expiry of stipulated time limit, it is duty of Court to release him on bail forthwith without any unnecessary delay - Filing of a charge sheet subsequent to expiry of stipulated time limit for investigation would not defeat right of accused to default bail...........
Criminal Procedure Code, 1973, Section 167(2)(a)(i) -- Official Secrets Act, 1923, S.3 - Application for release on bail - Ground that charge sheet has not been filed within 60 days - Order of Magistrate that in instant case time period for filing charge sheet would be 90 days - Challenge - Accused is being tried under Official Secrets Act, which does not talk about..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 25, 54, 59 of Arms Act and S.34 IPC - Vehicle in question transferred in favour of petitioner by its previous owner - If vehicle in question is allowed to be parked in police station it may become unfit for road worthiness - Since trial of case is likely to take some..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in illegal mining - Vehicle if not confiscated under the relevant Act, can be released - Since vehicle is a truck and not tractor, same is released with enhanced security with directions...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once accused files an application for bail u/s 167(2) Proviso Cr.P.C, he is deemed to have `availed of' or enforced his right to be released on default bail, accruing after expiry of stipulated time limit of investigation - If accused applies for default bail, Court must release him on bail forthwith without..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle involved in transportation of 30 kg 10 gms ganja - Prima facie knowledge of petitioner/owner as to keeping, possession and transportation of ganja in his vehicle stands presumed till finding to contrary is rendered by trial Court - Petitioner failed to show any material on record in arriving..........
