Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 250 gms Alprazolam - Bail - Recovery effected from accused falls within category of commercial quantity - Accused has been continuously in custody since March 2020 and despite charges being framed on 02.12.2020 till date only one PW out of 14 has been..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Rape case - Proposed accused are parents of co-accused - Merely because prosecutrix has alleged that proposed accused were present at the time of occurrence, same is not sufficient enough for persuading Court for using its extraordinary power u/s 319 Cr.P.C to summon them - Application rightly..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 379, 420, 201, 120B -- Bail - Offence u/ss 379, 420, 201, 120-B IPC - Accused was neither named in FIR nor seen in CCTV footage - It is the car of accused which was seen in CCTV footage and as per disclosure statement of accused, said car was being used by his brother and his cousin - Accused is..........
Criminal Procedure Code, 1973, Section 164, Evidence Act, 1872, Section 26 -- Confession - Recording of confession by Executive Magistrate while accused was in police custody and in presence of police officials - Inadmissible in evidence - Magistrate appearing in S.26 of Evidence Act refers only to a Judicial Magistrate of first class or a Metropolitan Magistrate...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2600 bottles of Codeine Phosphate - Bail - Recovery effected from the house of co-accused which fall under the category of commercial quantity - Petitioner roped in the crime on basis of confession of co-accused, which is not admissible - Prima..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Accused was not physically present on the date of passing impugned order of dismissal of case - Magistrate passed the order of dismissal of case without performing an opinion that there is no good reason to adjourn hearing..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cannot be limited to occurrence of supervening circumstances...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Illustrative circumstances are : (i)) Where Court granting bail takes into account irrelevant material of substantial nature and not trivial nature while ignoring relevant material on record; (ii) Where Court granting bail overlooks influential position of accused in comparison to victim of abuse or..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - High Court granted bail to accused without taking into consideration the relevant facts and circumstances and appropriate evidence which proves that accused has been charged with a serious offence - Grant of bail to accused only on the basis of parity shows that order..........
Criminal Procedure Code, 1973, Section 207 -- Documents - Supply of copy to accused - Accused sought copy of preliminary Enquiry report - When State has not pleaded any specific privilege which bars disclosure of material utilized in earlier preliminary investigation, there is no good reason for High Court to have permitted report to have remained shrouded in a sealed..........
