Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Defence raised by accused should not be considered at the time of deciding anticipatory bail but at the same time Court cannot close its eyes if other circumstances are available in order to find prima facie truth particularly when complainant and police is insisting of custody of accused including wife,..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Custodian interrogation - Court can draw adverse inference against accused but police cannot compel answers by custodial interrogation - No doubt police have powers to investigate the matters as per their way as per law but it does not mean that police will exercise power just because there are allegations..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Issue of 10 crores paid by complainant and his wife in cash to petitioners is the subject matter of trial - Both the parties are making allegations against each other for forging documents, viz, agreements, MOUs - But they do not have original documents in their possession - It is difficult to believe that..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Return of final report for want of chemical report would not amount to no, filing of final report, as it is only an additional piece of evidence which can be produced even at the later point of time - Moreover, Magistrate can take cognizance on final report even without chemical report - Final report..........
Evidence Act, 1872, Section 71 -- Proof when attesting witnesses denies execution - If the evidence of witnesses produced by propounder is inherently worthless and lacking in credibility, S.71 of Act cannot be invoked to bail him out of situation to facilitate roving pursuit...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Anticipatory bail - Offence u/ss 22, 61, 85 of NDPS Act - Recovery of 150 gms of powder - On the face of it difficult to ascertain nature of powder - Interim bail granted - Later on accused joined investigation and nothing is to be recovered from him -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(C), 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Variation in description of quantity of contraband - Same has to be demonstrated in a proper trial - Quantity seized commercial quantity - Accused admitted their possession of the contraband and also photographs and search..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22 -- Default bail - Offence u/ss 21 & 22 NDPS Act - Challan not presented as FSL report not received despite expiry of statutory period - Petitioner directed to be released on interim bail, however, only till filing of report u/s 173 Cr.P.C...........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Second anticipatory bail application - Maintainability - Petitioner has no case on merits - After dismissal of first anticipatory bail application, petitioner failed to point out any change much less material change in circumstances of case - Second..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61, 85 -- Second anticipatory bail application - Petitioner has not been arrested for the last about 03 years despite being an accused in an NDPS matter, which shows prima facie inefficiency of investigating agency/prosecuting agency - He is also involved in..........
