Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Indian Penal Code, 1860, Section 468, 471 -- Bail - Recovery of 10,600 bottles of Phensydyl syrup - No recovery effected from petitioner - Bar of S.37 of NDPS Act prima facie therefore, will not apply - Moreover, petitioner is an authorized licensee and is..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Recovery of 24 liters Beer from vehicle in question - Vehicle should be produced before Collector or designated Authorized Officer within a reasonable time - It was not ascertained by Court below while rejecting application for release of vehicle whether actually vehicle has been produced before..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Property which is sought to be returned will lose its value and ultimately it is of no use to any stake holder in keeping the property in custody of police - Court is satisfied that vehicle is liable to be returned to owner - Application allowed with conditions...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - A claim of title to goods which have seen seized is a relevant consideration while passing an order u/s 452 Cr.P.C...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Where a claim is made before Court that property does not belong to person from whom it was seized, S.452 Cr.P.C does not mandate that its custody should be handed over to person from whose possession it was seized, overriding the claim of genuine title which is asserted on behalf of a third party...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Function which Court exercises u/s 452 Cr.P.C is of a judicial nature - In making that order, Court must undoubtedly have due regard to entitlement claimed by person who seeks possession of property...........
Criminal Procedure Code, 1973, Section 452 -- Release of seized property - Claim made by respondent to title of goods is seriously in dispute - Such a claim be agitated before competent civil forum - In the absence of such an adjudication, custody of seized goods, should continue to be with appellant, as goods were made over to him 26 years ago - Custody of goods should..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of gold and silver ornaments etc. - Application filed by wife of accused against whom case is registered u/ss 13(1)(e), 13(2) of P.C Act - Court below rejected the application on ground that if interim custody of ornaments is given to applicants, there is every chance of changing their nature - However, even if..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Release of vehicle - Vehicle involved in NDPS case - Vehicle is in possession of police since 2016 and it may outclaim its utility on account of its lying part without any use - Moreover, similar petition of co-accused has been allowed - Trial Court directed to..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Rape - Prosecutrix and her family resiled from their complaint on account of compromise with parents of accused for marriage of accused with prosecutrix - After release of accused on bail, accused did not turn up for wedding when all arrangements were made - To ensure fair trial, application filed by..........
