Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 8A, 20(b), 21, 22, 27A, 27B, 28, 29, Criminal Procedure Code, 1973, Section 439(2) -- Drug trafficking - Cancellation of bail - Prima facie there is no substantial material available with prosecution at the time of arrest to connect accused with allegations levelled against them in drug trafficking except..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused arrested on 5.11.2018 and he remains in custody till today - Charge sheet was submitted by I.O after about one year from date of arrest of accused - Even though accused is entitled to grant of statutory bail as provided u/s 167 Cr.P.C on account of default of submitting charge sheet within prescribed..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 7A, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94(ii) -- Plea of juvenility - Murder case - Age of accused was found to be 20 years at the time of commission of offence as per ossification test - Documents placed on record by accused was irregular, unreliable, flimsy and..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Absconding accused - Mere fact that there was any procedural irregularity in declaring accused as an absconder, that by itself was not a justifiable ground to grant pre-arrest bail in a case of grave offence save where High Court on perusal of case diary and other material on record is prima facie satisfied..........
Criminal Procedure Code, 1973, Section 82, 83, 482 -- Arrest warrants - Court has to be prima facie satisfied that person accused of committing a non bailable offence is also evading his arrest - There has to be material before Court to reach said conclusion - Warrant of arrest cannot be issued without recording such subjective satisfaction - Impugned order issued merely..........
Criminal Procedure Code, 1973, Section 87, 204(1)(b) -- Non-bailable warrants - Merely for the reason that accused were absconding during period of investigation after filing final report unless reasons are recorded, warrant of arrest cannot be issued...........
Criminal Procedure Code, 1973, Section 87, 170, 173 -- Non-bailable warrants of arrest - Where custody of accused not required during period of investigation, it is appropriate that accused is released on bail as circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail...........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - An order granting stay of arrest in a proceeding u/s 482 Cr.P.C. lies within the jurisdiction of High Court - However, grant of such relief must be after a judicious application of mind, which must emerge from the reasons which are recorded by the Judge...........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - It lies within jurisdiction of High Court - Such relief must be after judicious application of mind which must reflect : (i) The nature and gravity of the allegations; (ii) The seriousness of the alleged offence(s); (iii) The position of the accused and the likelihood of their..........
Criminal Procedure Code, 1973, Section 482 -- Stay of arrest - In a proceeding u/s 482 Cr.P.C. - Oral direction - Illegal - Issuing oral directions restraining arrest, does not form part of judicial record and must be eschewed...........
