Criminal Procedure Code, 1973, Section 167 -- Proviso - Right to bail - Charge sheet not filed within stipulated period - Accused moved application before Magistrate seeking release on bail and offered to furnish bail bonds - Held, if Magistrate fails to pass any order on bail application and keep the same pending and in the meantime charge sheet is submitted, the..........
Criminal Procedure Code, 1973, Section 167(2) -- Release on bail - Allegations that 125 packets of hashish recovered from car of accused - Sessions Judge granted bail to accused u/s 167(2) of Criminal Procedure Code - Charge sheet filed by investigating agency on the date when bail application was made - Held, once charge sheet is filed, Magistrate is not supposed to..........
Criminal Procedure Code, 1973, Section 167(2) -- Bail - Detention beyond period of 180 days - Contraband substance allegedly recovered from the accused falls within the meaning of commercial quantity - Discretionary power vests in Special Judge under NDPS Act - Period of limitation for completing investigation and initiation of complaint 180 days when reckoned from the..........
Criminal Procedure Code, 1973, Section 167(2) -- S.36-A NDPS Act has over riding effect on provision of S.167 Cr.P.C...........
Criminal Procedure Code, 1973, Section 167, Unlawful Activities (Prevention) Act, 1967, Section 43D(2)(b), National Investigation Agency Act, 2008, Section 22 -- Extension of detention period of accused - Accused charged for various offences including offences punishable under Unlawful Activities Prevention Act - Only Sessions Court competent to try said offences after..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Default bail - Recovery of 165 kg. of Ganja - Charge sheet not filed within a period of 180 days - Bail denied on ground that delay well explained due to non receipt of report from FSL and owner of vehicle not traceable - Period of detention can be extended..........
Criminal Procedure Code, 1973, Section 439, 167(2) -- Grant of bail - Imposition of conditions - Modification thereof - Bail granted u/s 167(2) - Condition in bail order to make a cash security deposit of Rs.20,000/- Legality of - Held, imposing such a condition to an accused, who has no financial capacity to make deposit, would tantamount to denial of statutory bail - It..........
Criminal Procedure Code, 1973, Section 167 -- Bail on default - Petitioner arrested u/s 20(B) of NDPS Act when 10.400 kg. ganja recovered from him - Offence punishable with imprisonment upto 10 years - Case covered by Section 167(2)(a)(ii) - Accused would be entitled to be released on bail if the investigation is not completed and charge sheet is not filed within 60 days -..........
Criminal Procedure Code, 1973, Section 167 -- Order rejecting request of police for police custody of accused - Held, it is not interlocutory order in view of limitation u/s 167 Cr.P.C. that police custody may be granted only during first 15 days after the arrest or detention and not thereafter...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29 -- Offence u/ss 8, 21, 27-A & 29 NDPS Act - Charge sheet not filed within statutory period of 180 days - Bail granted subject to conditions ...........
