Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(C), 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 1500 tablets of Tramadol Hydrochloride - Bail - Story put forth by prosecution seems doubtful that accused carrying contraband in transparent polythene bag which would easily expose person carrying such contraband - Accused is in..........
Criminal Procedure Code, 1973, Section 125 -- Interim maintenance - Husband intentionally did not produce his three years bank account statement showing his financial status - It is thus, presumed that he was having a good financial status - Even, considering husband as an unskilled labourer, his earning is more than Rs.12,000/- p.m - Moreover, husband is an able bodied..........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Grant of 26 days period to appear from the date of proclamation actually effected - Clear period of 30 days not afforded - Order of proclamation set aside...........
Criminal Procedure Code, 1973, Section 41 -- Arrest - It is mandatory on part of I.O to record reasons for making an arrest as well as for not making an arrest in respect of a cognizable offence for which maximum sentence is upto seven years...........
Criminal Procedure Code, 1973, Section 41 -- Arrest - Where arrest is not required to be made u/s 41(1) Cr.P.C, police is bound to issue a notice of appearance to accused - Even in such a case failure to comply with notice of appearance or unwillingness to identify himself may be grounds for police to arrest a person to whom a notice u/s 41-A Cr.P.C has been issued...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Recovery of commercial quantity - Petitioner regularly appeared before trial Court - Sending petitioner in custody at this stage would not serve any purpose - Bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201 -- Bail - Murder - Allegation of administering overdose of intoxicant to deceased is against co-accused - No allegation on record that accused ever met deceased or inflicted injury upon him - More so, as per medical report of deceased no poison found in body of deceased - Trial of case is..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 205, 34 -- Bail - Abetment of suicide - Accused has been in custody since 28.11.2021 - Challan has already been presented and there are 26 witnesses and none of them have been examined - Trial of case is thus, likely to take time - Accused is not involved in any other case - He is sole..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cancellation - Order of granting bail is susceptible to interference when bail is granted without proper application of mind or in contravention of directions issued by Supreme Court...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Considerations that weigh with Appellate Court when called upon to examine the correctness of an order granting bail is not on the same footing when it comes to examining an application moved for cancellation of bail - Yardstick for testing correctness of an order granting bail is whether Court below has exercised its..........
