Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 8(c), 20(b), 20(a)(i), 20(b)(ii), 37 -- Bail - Six plants weighting 5.050 Kg found in possession of accused - Even if presumed all parts of plants to be Ganja the same is less than commercial quantity and higher than small quantity - S.37 of NDPS Act not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 326, 324, 323, 148, 149, 506, 120B -- Bail - Murder - Accused has criminal history of two attempts to murder cases - Documents on record shows prima facie involvement of accused in crime and does not make out a case for bail - Trial of case is at advance stage and five witnesses have..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Computation of remand period - Stipulated 60/90 days remand period u/s 167 Cr.P.C ought to be computed from the date when a Magistrate authorizes remand...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - If accused avail their independent right of default bail before charge sheet/final report is filed, then such right would not stand frustrated or extinguished by any such subsequent filing...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - The very moment stipulated 60/90 days remand period expires, an indefeasible right to default bail accrues to accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Investigating agency has examined allegations leveled by complainant from all possible angles but same were not substantiated after investigation, thus respondents declared innocent - No material before trial Court which could be termed as sufficient or more than prima facie case made out for..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B, Information Technology Act, 2000, Section 66C, 66D -- Anticipatory bail - Cheating - Specific role was attributed to accused - Huge loss was caused to complainant and it was found that accused did fraudulent transactions and took refund of amount - Allegations against accused are..........
Criminal Procedure Code, 1973, Section 151 -- Arrest of a person to prevent commission of cognizable offence - Police Officer cannot arrest a person without knowledge of a design and without an imminent threat to commit a cognizable offence, that too without a warrant from Magistrate in exercise of power u/s 151 Cr.P.C, as same would fall foul not only u/s 151 Cr.P.C but..........
Criminal Procedure Code, 1973, Section 327 -- Open Court is the norm and closed Court or proceedings in camera is an exception...........
Criminal Procedure Code, 1973, Section 327 -- Proceedings in camera - When Presiding Officer is satisfied that open Court will not be conducive to either accused or victim or even for any other reason, he can order in-camera proceedings...........
