Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail cannot be granted merely on the ground that accused is not likely to flee from justice or after release on bail he has not tried to tamper with the evidence - There is no reason why a legally infirm and untenable order passed in arbitrary exercise of discretion releasing the accused involved in a..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 36A(4) -- Bail - Recovery of one kg. of charas - Recovery less than commercial quantity - Challan not filed within statutory period of 90 days - Accused entitled to bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 21, 22, 61 & 85 NDPS Act - Recovery of large number of tablets containing narcotic substance - Tendency and frequency of selling Narcotic Drugs and making easy money and spoiling the basic fabric of society is increasing day by day..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1) -- Preventive detention - Power when to be exercised - If person concerned is in custody and there is no imminent possibility of his being released, rule is that power of preventive detention should not be exercised - In the instant case, detenu having order of bail but did not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Drugs and Cosmetics Act, 1940, Section 27, Drugs and Cosmetics Rules, 1945, Rule 65, 97 -- Recovery of 45,000 bottles of cough syrup - Transportation without valid documents - Cough syrup contained narcotic substance beyond prescribed limit - Appellant not in a position to explain as to whom supply was..........
Criminal Procedure Code, 1973, Section 438 -- Order granting anticipatory bail - Validity - Video clipping notices presence and participation of accused Nos.2, 3, 4, 5, 7 and 14 - Held, prima facie, participation of these accused in occurrence cannot be seriously doubted, unless of course, during course of evidence, video clipping is shown to be doctored - Not entitled to..........
Indian Penal Code, 1860, Section 342, Criminal Procedure Code, 1973, Section 428 -- Wrongful confinement - Conviction - Alteration in sentence - No previous conviction proved against accused person - Further, accused was aged about 42 years at relevant point of time - Present case is of term imprisonment - There is no document or evidence that he ever misused privilege of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 420 -- Bail - Offence u/ss 376 & 420 IPC - Delay of 10 years in lodging FIR - Prosecutrix aged 32 years entered into marriage relationship with accused and then stayed with him for years together and entered into consensual sexual relationship with him - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Sale deeds executed on the basis of power of attorney - Dispute is regarding rendering of accounts to each other - Once the power of attorney for sale of land is given and attorney executed certain sale deeds then it is debatable whether petitioner can be..........
Criminal Procedure Code, 1973, Section 439 -- Grant of bail - Validity of - Two persons came on a motorcycle and kidnapped "B" and kept him in confinement for eight days - Accused is a history-sheeter - High Court while granting bail to accused has ignored criminal antecedents of accused - What has weighed with High Court is that the accused had spent seven months in..........
