Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time to file charge sheet - Submission of a valid report of Public Prosecutor indicating progress of investigation and disclosing specific reasons for extension of period of detention is a sine qua non for extension of period of detention u/s..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 18, Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Recovery of 350 kg opium shells - Commercial quantity - Charge sheet not filed within statutory period of detention of 180 days as prescribed u/s 167(2) Cr.P.C - No application for extension of statutory period up to one year was made in..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Statutory period of 90 days to complete the investigation expired - Bail application filed by petitioner much prior to filing of charge sheet - Subsequent filing of charge sheet shall not frustrate the petitioner's indefeasible right for being released on bail u/s 167(2) Cr.P.C. - Application allowed...........
Criminal Procedure Code, 1973, Section 209, 309(2), 167(2) -- Remand - Power of remand conferred on Magistrate u/s 209(a), (b) Cr.P.C. is not subject to other provisions of remand i.e S.167(2), 309(2) Cr.P.C., rather this power is independent in nature and only available to Magistrate under commitment proceedings...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(d)(4), 15, 61, 85 -- Default bail - Extension of two months time to file challan - Challan not filed within 180 days as chemical report not received - Plea that prosecution delayed the dispatch of contraband to FSL by 14 days - Impugned order extending two..........
Criminal Procedure Code, 1973, Section 167(2) -- Proviso - Default bail - Mere making of application for bail would amount to availing of right accrued to an accused under the said proviso irrespective of whether Court has actually passed bail order or not, hence, in the instant case there was no question of refusing to release petitioner on bail when an order for bail had..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Extension of time for investigation - Counsel representing accused was present when application for extension of time was filed - Contents of application were brought to the notice of counsel and he did not raise any objection for such..........
Criminal Procedure Code, 1973, Section 167, 157 -- Detention u/s 167 Cr.P.C. - Cannot be ordered by Court/Magistrate without a report being before Court/Magistrate in terms of S.157 Cr.P.C., as it would be hit by S.167 Cr.P.C...........
Criminal Procedure Code, 1973, Section 167 -- Remand - Order of remand without forwarding accused to Magistrate physically or through video linkages is illegal...........
Criminal Procedure Code, 1973, Section 167 -- Remand - Custody of accused cannot be said to be illegal after filing of charge sheet till cognizance of offence is taken, particularly when intervening period after filing of charge sheet and till cognizance is taken is not due to lapse of Court or police...........
