Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Contraband - Bail - Petitioner is behind bars for last 1 year 2 months and 5 days - Investigation is complete - Final report u/s 173 Cr.P.C was presented before Court concerned - Charges were framed and trial of case has not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 379B, 427, 506, 147, 148, 149 -- Bail - Attempt to murder - Petitioner is behind bars from last 1 year 11 months and 24 days as on 29.4.2025 - Out of 42 PWs only 8 PWs have been examined till date - Conclusion of trial will take considerable long time - No useful purpose would be served..........
Criminal Procedure Code, 1973, Section 432 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.473) - Remission - Entitlement of remission arises only when accused is convicted and admitted to prison as part of undergoing sentence of imprisonment - Period of detention prior to conviction cannot be counted for remission...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Before ordering detention of JD for execution of decree Court has to conduct enquiry as mandated U.O.21.R.40 CPC r/w S.51 CPC by recording a finding as to means of JD to satisfy the decree...........
Civil Procedure Code, 1908, Section 51, Order 21, Rule 37 -- Execution - Arrest and detention of JD - Burden is on DH to satisfy Court that JD despite having means to pay decreetal amount has failed to discharge liability under decree for Court to order for civil imprisonment - Order of civil imprisonment for not satisfying decree should be the last resort, as the same..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 29 -- Bail - Contraband - Petitioner is behind the bars for last more than 5 months - Investigation is complete and final report u/s 173 Cr.P.C. was presented before concerned Court - Charges were framed and trial of case has not made much..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, 29, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B, Arms Act, 1959, Section 25 -- Bail - Contraband - Cheating - Petitioner has already suffered incarceration for a period of more than 5 years, 4 months and 19 days - Investigation was..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47 -- Intimation of arrest - Provision of S.47(1) of the Act is mandatory and peremptory - Violation of this provision can only result in a declaration that arrest and subsequent detention is invalid...........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(1) -- Detention order - Orders of detention and supporting documents were not supplied in language known to detenues - Oral communication even if true did not amount to adequate communication in terms of Art.22(5) of Constitution - Detention order quashed...........
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, Section 3(1) -- Detention order - No material for detaining authority to have formed an opinion that there was a likelihood of detenues being released on bail - Detaining authority, did not even make separate grounds of detention but merely acted upon proposals for detention forwarded to..........
