Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 376 -- Discharge - Rape - Charge can be framed solely on the basis of statement made u/s 164 Cr.P.C. even if such an allegation is not made in FIR or in statement u/s 161 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 67, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery of commercial quantity - Bail - Statements by accused recorded u/s 67 of NDPS Act - Cannot be the mere reason for disallowing bail unless other circumstances also call for rejection of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of narcotics - Commercial quantity was recovered from accused - Accused is not facing charges under NDPS Act in any other case - Call records of mobile can be examined at the stage of trial - On the basis of..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Accused is willing to appear and join trial proceedings - Objective of S.82 Cr.P.C to secure presence of accused, has been achieved - Order declaring accused as proclaimed offender set aside - Accused is directed to surrender before trial Court...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Appellant is registered owner of vehicle but had not participated in offence as alleged by prosecution nor had knowledge of alleged transaction - Vehicle in question released on terms and conditions to be determined by Special Court...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 41, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Non-compliance of S.41 of NDPS Act - Bail - Accused cannot be granted bail for violation of S.41 of NDPS Act alone as rigors of S.37 of NDPS Act have to be still met...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 25, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 58.5 kgs Doda post - Quantity recovered from accused was of commercial quantity - Even though there is non-compliance of S.41 of NDPS Act, rigors of S.37 of NDPS Act have to be still met - Since there are no reasonable..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376(2)(m), 376(3), Protection of Children from Sexual Offences Act, 2012, Section 5(j)(ii), 5(i), 6 -- Bail - Kidnapping and rape - Muslim marriage between parties - Victim was enticed by accused without the knowledge of her parents and age of victim being only just 14 years at the time of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 7, 8 -- Bail - Kidnapping - Prosecutrix in her statements recorded u/ss 161, 164 Cr.P.C have not supported prosecution case - No medical evidence to support prosecution case - Ingredients of offence u/s 363 IPC not..........
Jammu and Kashmir Criminal Procedure Code, 1989, Section 488 -- Maintenance to wife - It is bounden duty of husband to pay maintenance to his wife and child - Husband cannot plead penury to avoid his statutory duty to maintain his wife and child...........
