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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - At the stage of considering bail application of an accused, evidence led by prosecution cannot be meticulously examined - It is only if from a cursory look at the evidence recorded during trial of case it is possible to frame an opinion that accused is not guilty..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29 -- Bail - Contraband - 11 bottles of codeine were recovered from bedroom of petitioner - Executive Magistrate has categorically stated that he did not accompany raiding party and he only sealed samples which were brought to his office by police -..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482(4), Bharatiya Nyaya Sanhita, 2023, Section 65, 70(2) -- Anticipatory bail - Rape - Word "and" appearing between the words "u/s 65" and "S.70(2)" in Section 482(4) BNSS shall have to be read as "or" to give effect to manifest intention of legislature - Embargo of S.482(4) BNSS would apply to any case involving the arrest..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482(4), Bharatiya Nyaya Sanhita, 2023, Section 65, 61(2), 137(2), 303(2), 308(2) -- Anticipatory bail - Rape - Victim was less than 16 years of age at the time of alleged offence as per date of birth certificate of victim girl issued by Registrar of Birth and Death - Prima facie, it appears that S.65(1) BNS would be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - While seeking bail on the ground of delay in trial, it is incumbent upon applicant to place on record order sheets of trial Court in order to rule out the possibility that matter is being adjourned at request of applicant himself...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 366A, 368, 376, 342, 370, 370A, 373, 109, 120B, 34, Immoral Traffic (Prevention) Act, 1956, Section 3, 5, 7, Protection of Children from Sexual Offences Act, 2012, Section 10, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 23 -- Bail - Kidnapping and rape - Forced..........
Indian Penal Code, 1860, Section 306, 34 -- (Bharatiya Nyaya Sanhita, 2023, Ss.108, 3(5)), Bharatiya Nagarik Suraksha Sanhita, 2023 S.483 - Abetment of suicide - Bail - Prosecution failed to provide any cogent evidence, including a suicide note, to prove immediate provocation or instigation by the accused - Additionally, the accused has suffered incarceration of 1 year and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Petitioner has been incarcerated for a period of more than four years - Complainant's evidence has also been recorded - Application for bail is pending before High Court for a long time - High Court adjourned the matter on 27 occasions - In the matters of personal liberty, High Courts are not expected to keep..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 354B, 506, Protection of Children from Sexual Offences Act, 2012, Section 6, 10 -- Bail - Rape - Appellant is presently 72 years of age and has been in custody since 05.07.2024 - Charges have not yet been framed - There are seventeen witnesses to be examined and trial would inevitably be..........
