Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 380, 457 -- Bail - Offence u/ss 380, 457 IPC - Petitioner was not named in the FIR - He was arrested on basis of supplementary statement on basis of CCTV footage - However, there is no mention of CCTV footage in initial FIR - Even photographs of CCTV footage show a man with a muffled face - Trial..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in illegal mining - Vehicle if not confiscated under the relevant Act, can be released - Since vehicle is a truck and not tractor, same is released with enhanced security with directions...........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle involved in transportation of 30 kg 10 gms ganja - Prima facie knowledge of petitioner/owner as to keeping, possession and transportation of ganja in his vehicle stands presumed till finding to contrary is rendered by trial Court - Petitioner failed to show any material on record in arriving..........
Criminal Procedure Code, 1973, Section 457 -- Release of seized vehicle - Vehicle involved in offence u/ss 279, 337, 338 IPC - Vehicle denied to be released on the ground that as on date of accident and alleged involvement of motor cycle, there was no insurance policy standing in the name of owner of motor cycle - Whether vehicle was covered with insurance policy as on..........
Indian Penal Code, 1860, Section 380, 457, 201, 34, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 380, 457, 201, 34 IPC - Petitioner admitted the factum with regard to theft committed by him in the house of complainant - Challan stands filed in Court and nothing remains to be recovered from petitioner - Petitioner is behind bars for last eight months..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Contraband item was purchased by accused on the way - Tanker belongs to petitioner and standing in police station which is subject to natural decay and will lose its value in course of time - Tanker was used for purpose of transportation of LPG, which comes within..........
Criminal Procedure Code, 1973, Section 437(6), Indian Penal Code, 1860, Section 380, 457 -- Bail - Offence u/ss 380, 457 IPC - Applicant alongwith others committed a theft of Rs.75,000 and gold articles - Though offence are triable by Magistrate but not bailable and maximum punishment can go upto 5 years, 7 years, 14 years respectively, it cannot be said that Magistrate..........
Criminal Procedure Code, 1973, Section 451, 457, Indian Penal Code, 1860, Section 379 -- Release of seized vehicle - Vehicle involved in illegal transportation of sand - Theft - Concerned authority/revenue officials have not filed any private complaint and also have not filed any application before designated Court seeking to confiscate said vehicle and other materials,..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 380, 457, 109, 166, 166A, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d)(iii), 13(2) -- Quashing of proceedings - Offence u/ss 380, 457, 109, 166, 166-A, 120-B IPC and Ss. 13(1)(d)(iii), 13(2) of P. C. Act - Complicity of all accused in the occurrence is stated by LW1 to LW5 - Recovery..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question - He claims to have sold the same to his brother through an agreement - Moreover, petitioner was not present in vehicle when seizure was effected and he is not the accused in the case - Even recovered..........
