Criminal Procedure Code, 1973, Section 167, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Bail - Extension of period of detention beyond 90 days - Accused pleaded that report of Public Prosecutor was separately attached and it means that report was prepared first and it is not based on contents of extension application - Plea rejected as it is possible to..........
Criminal Procedure Code, 1973, Section 167, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Application for extension of detention period beyond 90 days - When investigation is in progress and after suspects have to be arrested and materials has to be collected, it is not necessary that Special Judge should descriptively pen down the clear objective facts -..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A(4) -- Default bail - Challan not presented within time - Application for extension of time filed before expiry of period of presentation of challan - No interim or final order of extension of time passed - After presentation of challan extension of time..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2), 439 -- Bail - Recovery of 90 gms narcotic powder - In the instant case, petitioner arrested on 30.08.2013 and 180 days expired on 1.03.2014 - However, incomplete challan presented on 19.12.2013 without report of chemical examiner - Petitioner's application..........
Criminal Procedure Code, 1973, Section 167, 57, 41, Constitution of India, 1950, Article 22(2) -- Person arrested not to be detained for more than 24 hours - An accused arrested without warrant by police has constitutional right u/art. 22(2) of the Constitution of India and S.57 Cr.P.C. to be produced before Magistrate without unnecessary delay and in no circumstances..........
Criminal Procedure Code, 1973, Section 167(2) -- Application for default bail - Charge-sheet not filed within 90 days - Application for grant of bail u/s.167(2) CrPC filed by accused - Held, Magistrate is obliged to deal with application on that day - Adjournment by Magistrate misconceived - Court cannot act to extinguish right of accused if law so confers on him...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - Charge-sheet not filed within statutory period of 90 days - Accused filed application for bail u/s.167(2) CrPC - Thereafter, prosecution submitted application for extension of time for filing charge-sheet - Held, accused entitled to grant of bail u/s. 167(2) CrPC...........
Criminal Procedure Code, 1973, Section 167(2) -- Application for default bail - Charge-sheet not filed within 90 days - Application for grant of bail u/s.167(2) CrPC filed by accused - Held, Magistrate is obliged to deal with application on that day - Adjournment by Magistrate misconceived - Court cannot act to extinguish right of accused if law so confers on him...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - Charge-sheet not filed within statutory period of 90 days - Accused filed application for bail u/s.167(2) CrPC - Thereafter, prosecution submitted application for extension of time for filing charge-sheet - Held, accused entitled to grant of bail u/s. 167(2) CrPC...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Final report filed u/s 173 Cr.P.C. - Question as to whether it is a complete report or not - Court while refusing bail to applicants, has applied its mind to all relevant facts and circumstances and has exercised its discretion in accordance with law - No interference warranted in the impugned order of..........
