Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Non-bailable warrant as well as proclamation issued u/ss 82, 83 Cr.P.C against accused - Accused was in family way and was unable to appear before Court concerned at the time when certain processes were issued against her - There is not a total embargo on considering the application for grant of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Non appearance in police station and thus violating condition of bail - In a situation wherein chargesheet has been filed and trial is in progress, direction to appear in police station is prima facie not tenable - Cancellation of bail merely on the pretext of non-appearance in police..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 65(1), 64(2)(M), 61, 96, 137(2), 318(4), 338, 336(3), 340(2), 67, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(L), 6 -- Bail - Rape - True age of prosecutrix was suppressed by preparing a forged Adhaar Card - FIR lodged at the instance of applicant side..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - High Court granted bail without analysis of twin requirements of S.37 of the Act - Omission to consider these factors bears directly upon statutory satisfaction required by S.37(1)(b) of the Act - Impugned order of granting bail set aside and matter remitted to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Dispensing with mandatory requirement of S.37 of the Act not made out on accused's contention that his brother who is a Sepoy in Indian army has given an undertaking to ensure accused's..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Dispensing with mandatory requirement of S.37 of the Act not made out on the ground that accused is behind bars for an unreasonably long time of about two years - Order of bail set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Accused allegedly got the cavities ingeniously fabricated below the trailor to conceal the contraband - No case for dispensing with mandatory requirement of S.37 of the Act made out - Order of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quality - Recording of finding as mandated in S.37 of the Act is sine qua non for granting bail to accused involved in offences under the Act - Twin conditions provided in the said Section are (i) satisfaction of Court that there are reasonable grounds for believing that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Mere fact there is no independent witness of recovery that by itself cannot be considered as a ground for grant of bail, inasmuch as, evidentiary value of testimonies of police witnesses..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 37, Indian Penal Code, 1860, Section 420, 467, 468, 471, Foreigners Act, 1946, Section 14 -- Contraband - Bail - Secret information - Petitioners have not been able to demonstrate that they suffered any prejudice on account of not being provided grounds of arrest and therefore merely on the said..........
