Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), Drugs and Cosmetics Act, 1940, Section 18A, 18(c), Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity was recovered from accused - Custody period of accused is more than 2 years and 4 months - Accused has no criminal antecedents regarding any NDPS matter - Trial may take..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail obtained by concealing criminal antecedents - Bail cancellation application allowed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Filing of an anticipatory bail application during pendency of regular bail application is misuse of process of Court - Application for anticipatory bail rejected...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Accused already in custody in one case is not precluded from seeking pre arrest bail in connection with another case in which he apprehends arrest...........
Criminal Procedure Code, 1973, Section 389(1), 439(2) -- Suspension of sentence during pendency of appeal - Cancellation - S.389(1) second proviso is on par with S.439(2) Cr.P.C. - Court can even suo moto issue a notice calling upon accused to show cause why bail should not be cancelled - Under no circumstances, bail granted to accused u/s 389(1) Cr.P.C can be cancelled..........
Criminal Procedure Code, 1973, Section 389(1), 439(2) -- Suspension of sentence during pendency of appeal - Cancellation - For default of Advocate appointed by accused, appellate Court cannot penalize accused by proceeding to cancel his bail only on the ground that his advocate has sought adjournment and that also without giving an opportunity of being heard to him on the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Kidnapping - Prosecutrix stated that she voluntarily went with accused, as she was in love with him - Plea of consent cannot be overlooked at this stage though shall be..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), 3(2)(va) -- Bail - Kidnapping - Prosecutrix herself stated that she was in love with accused and they ran away together - They married each other and live together - Prosecutrix also stated..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere hostility by a witness, per se, would not be a sufficient ground to infer misuse of concession of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Where on consideration of the facts and circumstances of a case, Court is satisfied that there are cogent and overwhelming circumstances indicating misuse of concession of bail, it becomes imperative upon the Court in the interest of justice to withdraw such concession forthwith...........
