Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity - Petitioner is in judicial custody for 14 months - Investigation of case is complete and charge sheet has been laid - Petitioner is alleged to have been in possession of a commercial quantity of contraband and..........
Criminal Procedure Code, 1973, Section 195, Indian Penal Code, 1860, Section 188 -- Cognizance of offence - Offence u/s 188 IPC - Complaint not filed by officer who had issued proclamation u/s 144 Cr.P.C - Therefore, trial Court could not have taken cognizance of charge-sheet indicating offence u/s 188 IPC - Since, the other offences could not be separated, as genesis of..........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix can be sufficient to prove the charge of rape against accused, provided that such statement inspires confidence...........
Indian Penal Code, 1860, Section 376 -- Rape - Sole testimony of prosecutrix can be sufficient to prove the charge of rape against accused, provided that such statement inspires confidence...........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3 -- Bail - Offence u/s 3 of PMLA - Petitioner is in custody for more than five years and eight months - Trial Court has not yet framed charge in the case and likelihood of completion of trial of petitioner in the case within reasonable time is very bleak - Maximum sentence..........
Criminal Procedure Code, 1973, Section 102 -- Release/defreezing of bank account - Bank accounts of prime accused/husband of petitioner had been released by Court which had not been challenged by CBI - Release of bank account was opposed by CBI on the ground that another FIR under Prevention of Corruption Act is registered against her, however, said contention is rejected,..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - At the stage of framing of charges, Court is not required to undertake a meticulous evaluation of evidence and even grave suspicion is sufficient to frame charge...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Offence u/s 3(2)(v) - No allegation that offence under IPC punishable with imprisonment of 10 years or more was committed by an accused of upper caste upon a person belonging to SC community with the knowledge that such person belonged to said community - Prima facie ingredients..........
Indian Penal Code, 1860, Section 324, 427, 504, 34 -- Offence u/ss 324, 427, 504, 34 IPC - Injury certificate of complainant indicates that he had suffered blunt trauma to right hand - Medical opinion sought by police indicates that there is possibility of injuries being self inflicted - Requisite ingredients to constitute offence u/s 324 IPC are completely absent -..........
Indian Penal Code, 1860, Section 323 -- Offence u/s 323 IPC - No material available on record in regard to commission of offence in question except statement of complainant that `they beat me' - There is not even a whisper that after the incident complainant went to a doctor or underwent any kind of treatment - Basic ingredients to constitute an offence u/s 323 IPC is..........
