Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(d)(4), Criminal Procedure Code, 1973, Section 167(2) -- Contraband - Default bail - Challan not presented within period of 180 days - Application to extend period to file challan filed before expiry of requisite period of 180 days - Accused cannot be denied default bail merely on the ground that report of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Period of 60 days expired and admittedly no challan/final report presented - Petitioner becomes entitled to default bail as per provision of S.167(2) of the Act - Bail granted...........
Criminal Procedure Code, 1973, Section 56, 57, 41(1)(ba), 167, Constitution of India, 1950, Article 22(1), (2) -- Transit remand - Non-compliance with mandatory provisions - In absence of remand order, detention of petitioner which exceeded 24 hours, is untenable in law - In present case, case diary was written in Marathi and its translated version was not available -..........
Criminal Procedure Code, 1973, Section 56, 57, 41(1)(ba), 167, Constitution of India, 1950, Article 22(1), (2) -- Transit remand - Non-compliance with mandatory provisions - In absence of remand order, detention of petitioner which exceeded 24 hours, is untenable in law - Magistrate before whom a transit application is filed, is not required to merely satisfy himself that..........
Criminal Procedure Code, 1973, Section 41(1)(ba), 167 -- Transit remand - Provision of S.41(1)(ba) Cr.P.C. requires Magistrate that remand is being sought because of the reasonable suspicion that person arrested has committed a cognizable offence punishable with an imprisonment for a term exceeding seven years and that investigating has `credible information' that the..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Statutory right - Charge-sheet filed after 110 days of arrest - Mere fact that challan was returned by trial Court, petitioner cannot be denied of his statutory right enshrined in S.167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167 -- Investigation - Letter and spirit behind enactment of S.167 Cr.P.C, mandates that investigation ought to be completed within period prescribed and thereafter issue relating to custody of accused ought to be dealt with by Magistrate on the basis of investigation...........
Criminal Procedure Code, 1973, Section 167 -- Investigation - Provisions of Cr.P.C do not empower anyone to extend period within which investigation must be completed nor does it admit of any such eventuality...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Offence u/ss 302, 341, 323, 452, 336, 143, 149 IPC - As on completion of 90 days of prescribed period u/s 167 Cr.P.C there were no papers of investigation or charge sheet u/s 173 Cr.P.C before concerned Magistrate - Accused was thus denied of protection established by law - Issue of their custody had to be..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Presentation of challan - Challan has to be presented before Court and Court alone - Merely leaving it with Ahlmad or any other functionary would not satisfy compliance of S.167(2) Cr.P.C...........
