Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B) -- Contraband - Accused was found in possession of 345 grams of Charas - Trial Court sentenced accused to undergo R.I. for 5 years with fine of Rs.25,000 - However, Notification issued by Central Government shows that 100 grms of charas is a small quantity whereas 1 kg of charas is commercial..........
Indian Penal Code, 1860, Section 302, 323, 147, 149 -- Murder - Land dispute between parties - Eye-witnesses failed to prove any specific overt act and presence of appellants at the place of occurrence with any common object along with other co-accused who were assaulting informant party - General and omnibus findings of trial Court that all the accused persons were held..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - If there is no substantive material and genuine reasons disclosed in application u/s 311 Cr.P.C. invoking power of Court under said provision and only to mention therein that since some very relevant questions were leftover inadvertently which are necessary to bring on record the witnesses may be recalled..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Application only mentions that evidence of PWs 1 to 5 is completed but some relevant and necessary questions are left over to be asked - Indubitably this is a vague application which nowhere mentions as to what significant questions are left over to be asked in cross-examination of said witnesses who are..........
Jammu and Kashmir Criminal Procedure Code, 1860, Section 482 -- Quashing of proceedings - Pretrial stage - Power u/s 482 Cr.P.C. should not be used in routine manner at pretrial stage - It has to be used sparingly only in appropriate cases where it manifestly appears that there is legal bar against institution or continuance of proceedings or where allegations made in FIR..........
Jammu and Kashmir Criminal Procedure Code, 1860, Section 482 -- Quashing of proceedings - Disputed questions of facts and defence of accused cannot be taken into consideration at pre-trial stage...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 120B, Arms Act, 1959, Section 25(1B)(a), Unlawful Activities (Prevention) Act, 1967, Section 18, 18A, 18B, 19, 20, 38, 39 -- Bail - Offence u/s 120-B IPC, S.25(1-B)(a) of Arms Act and Ss.18, 18-A, 18-B, 19, 20, 38, 39 of UAPA - Allegations against A-11 is related to his connection with..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 120B, Arms Act, 1959, Section 25(1B)(a), Unlawful Activities (Prevention) Act, 1967, Section 18, 18A, 18B, 19, 20, 38, 39 -- Bail - Offence u/s 120-B IPC, S.25(1-B)(a) of Arms Act and Ss.18, 18-A, 18-B, 19, 20, 38, 39 of UAPA - A-20 has been found involved with banned terrorist..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant implicated on the basis of confessional statement of co-accused - He joined the investigation - Merely because nothing incriminating could be discovered would not mean that there is non co-operation on the part of accused - Otherwise also, in the Counter Affidavit, it is not stated that..........
Bharatiya Nyaya Sanhita, 2023, Section 108, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Abetment of suicide - Anticipatory Bail - Husband committed suicide in 2025, but accused wife had been living separately since 2022 - Accused had also filed complaint against husband in 2024 alleging he threatened to commit suicide if she did not return - Even, FIR is..........
