Drugs and Cosmetics Act, 1940, Section 18 -- Contravention of the provisions of the Act - Drug Inspector to file complaint with the Magistrate - FIR cannot be lodged...........
Criminal Procedure Code, 1973, Section 438, Drugs and Cosmetics Act, 1940, Section 7, 17A, 17B, 18, 27, Indian Penal Code, 1860, Section 420 -- Pre-arrest bail - Offence u/ss 17/17A/17B/18/27 of Drugs and Cosmetics Act and S.420 IPC - FIR lodged - S.18 provides that in case of contravention of the provisions of the Act, complaint is to be filed by the Drug Inspector with..........
Criminal Procedure Code, 1973, Section 204 -- Summoning order - Magistrate has jurisdiction to entertain an objection against the summoning order and has power to recall the summoning order and discharge the accused...........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section 3, 6(1), 15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15(5) -- Confessional statement - Conviction - (i) Confession if properly recorded and made voluntarily and truthful; (ii) Whether such confession requires corroboration or not, is a matter for the court considering such..........
Criminal Procedure Code, 1973, Section 157 -- Delay of 3 hours in sending FIR to Magistrate - Reason for delay to be put to I.O. who is in a position to explain the delay - Without seeking for a response from the investigating officer, it is not open to say that there was delay in sending the report - An adverse inference would be drawn in respect of a matter for which no..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 67 -- Confessional statements - One day delay in recording - Recovery of 66 Kgs. of heroin by Officers of Revenue Intelligence Department - No allegation of torture or harassment made before the Magistrate before whom they were produced - Accused not knowing Tamil language and a Hindi knowing officer has to..........
Criminal Procedure Code, 1973, Section 156, 173, 190, 200 -- Complaint - Sent to Police for investigation - Receipt of police report - Magistrate can (i) drop action (ii) May take cognizance of offence; (iii) may examine upon oath the complainant and his witnesses u/s 200 Cr.P.C. and may hold or direct an inquiry u/s 202 and thereafter to issue process or to dismiss..........
Criminal Procedure Code, 1973, Section 482, 154, 156 -- FIR - Not to be quashed if it discloses basic ingredients of offence - Further when FIR is recorded by police on orders passed by Magistrate u/s 156 Cr.P.C. is added prohibition to quash FIR...........
Criminal Procedure Code, 1973, Section 169, 173, 200 -- Final report submitted - Magistrate if decides not to take cognizance and drop the proceedings it is incumbent upon the Magistrate to give notice to the informant i.e. complainant and provide him an opportunity to be heard at the time of consideration of the report...........
Criminal Procedure Code, 1973, Section 169, 173, 200 -- Final report submitted - Where investigating agency recommends for closure of case on account of insufficiency of evidence or offence not having been made out, Magistrate is required to not only give reasons for not agreeing with report but also to refer to evidence and material on which he proposes to take..........
