Criminal Procedure Code, 1973, Section 167(1), 167(2) -- Police custody - Counting of period prescribed under the provision - Surrender in another case - Cannot be treated as police custody so as to count the period - The condition is that the accused must be in the custody of the police and so called deemed surrender in another criminal case cannot be taken as starting..........
Criminal Procedure Code, 1973, Section 451 -- Muddamal animals - Interim custody of cattle in question sought on the ground that they were being transported in tempo in an unhygienic and cruel manner without any facilities of fodder and water and were being taken for slaughtering - Held, interim custody of Muddamal animals must be handed over to applicant - Application..........
Indian Penal Code, 1860, Section 363, 364A -- Kidnapping for ransom - Conviction - Prosecution clearly established that child of 10 years was kidnapped by accused from custody of his lawful guardian and was kept confined - Offence of accused u/s.363 IPC proved beyond reasonable doubt - Conviction modified from S.364A IPC to S.363 IPC...........
Foreign Exchange Regulation Act, 1973, Section 9(1), 9(1)(b), 9(1)(d) -- Violation of FERA - Penalty imposed - Order set aside as confession was made before Enforcement Officer while in custody and same retracted and a number of persons were examined by Enforcement Officer but no opportunity given to cross examine them and penalty could not be imposed on basis of retracted..........
Guardians and Wards Act, 1890, Section 12 -- Daughters - Husband seeking custody - Husband living alone and he has to go out to discharge his duties as a teacher - Children looked after and educated properly by wife - Petition rightly dismissed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Joint Commissioner of Police - Offence u/s 120-B, 216, 218, 221 IPC and u/s 3(2), 3(5) and 24 of MCOC Act and u/s 7 and 13(1)(d) of Prevention of Corruption Act - Appellant found involved in counterfeit stamp case where principal accused was one Telgi - Bail application rejected by High Court by holding that material..........
Evidence Act, 1872, Section 90, 63, 65(c) -- Document executed in the year 1940 - Loss or destruction of original proved - Certified copy shown to have been obtained from custody of Sub Registrar - Held, certified copy can be admitted in evidence and genuineness of document can be presumed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 451 -- Opium - Recovery from accused who were travelling in the vehicle - Vehicle taken into custody - Contraband was allegedly carried by accused in their pockets and vehicle was not used for transporting the contraband - Vehicle given to owner on supurdari on..........
Evidence Act, 1872, Section 25, 26 -- Provisions of Ss.25 & 26 of Evidence Act bar not only proof of admissions of an offence by an accused to a police officer, made by him while in custody of a police officer but also admissions contained in a confessional statement of all incriminating facts relating to the offence...........
Indian Penal Code, 1860, Section 376(1) -- Rape - Reduction of sentence - 15 letters alleged to have been written by prosecutrix produced on record - Medical report that prosecutrix was habitual of sexual intercourse - Medical report that prosecutrix was 17 to 18 years of age - Accused already in custody for about 5 years - Sentence reduced to already undergone...........
