Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for investigation - Application for extension prepared by Investigating Officer and forwarded by Public Prosecutor - No report submitted by Public Prosecutor - Provision of S.36A(4) explicitly stipulates that Court may grant an extension only upon receipt of a report from Public..........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Defence has no right to invoke S.91 Cr.P.C to prove his innocence - Documents, if necessary and desirable, can be produced by accused or by some other person at the asking of accused at the time of leading his defence - However, if Court is satisfied that there is a document or material of sterling..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Oral application made by accused is sufficient to release him on statutory bail due to failure of I.O to file the final report on time and the Public Prosecutor not seeking for extension of time as provided u/s 36-A of NDPS Act - Accused..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(J)(ii) -- Victim turned hostile - No suggestion given by public prosecutor in cross examination that she turned hostile purposefully - Whatever may be the evidence of P.W.1 when the girl herself does not speak that accused did not have sexual intercourse with..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Extension of time - Challan presented without FSL report - Reason for extension explained in the final report that FSL report had not been received - Provision of S.36-A(4) of NDPS Act insofar as the requirement of a report being made by..........
Criminal Procedure Code, 1973, Section 439, 438 -- Pendency of bail application - Duty of police officer before arrest of accused - It is the duty of every Police Officer to contact the office of prosecutor before arresting an accused, when a bail application is pending before a Court of law to verify whether there is any interim order passed by Court - Without verifying..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused - When Trial Judge prepares questions to be put to accused u/s 313 Cr.P.C, before putting the questions to accused, Judge can always provide copies of the said questions to the Public Prosecutor as well as defence Counsel and seek their assistance for ensuring that every relevant material circumstance..........
Unlawful Activities (Prevention) Act, 1967, Section 43D(5) -- Bail - While granting bail Court has to consider twin requirements as provided u/s 43-D(5) of the Act: (i) public prosecutor has to be given an opportunity of being heard; (ii) Court is of the opinion that there are reasonable grounds for believing that accusation against such a person is prima facie true...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Extension of time for completing investigation - Conditions to be satisfied are, viz. (i) that there is a report of Public Prosecutor; (ii) that report of Public Prosecutor indicates progress of investigation; (iii) that report should specify compelling reasons for seeking detention of accused beyond..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for completing investigation - Neither report of Public Prosecutor is on record of Court below, nor there is any reference to any such report of Public Prosecutor in impugned order of extension of time - Even, communication of..........
