Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Counsel for accused as well as Magistrate ought to inform accused of availability of indefeasible right u/s 167(2) Cr.P.C, once it accrues to him, without any delay, especially where accused is from an underprivileged section of society...........
Criminal Procedure Code, 1973, Section 85 -- Release of attached property - Vesting of property with State government u/s 85(2) Cr.P.C should be understood not as complete, but as an enabling provision for purpose of selling property as envisaged under said section till expiry of 2 years mentioned in S.85(3) Cr.P.C and it may become absolute only on expiry of two years -..........
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29 -- Anticipatory bail - Contraband - Quantity recovered from possession of accused is commercial quantity - However, Court below while granting bail to accused does not refer to S.37 of NDPS Act and did not record satisfaction with regard to conditions..........
Criminal Procedure Code, 1973, Section 439 -- Successive bail applications - Changed circumstances - If trial Court in order to ascertain as to under what penal section charges should be framed against applicant, has made certain observations with regard to conduct of I.O of case, same could not provide any new ground to applicant for purpose of releasing him on bail...........
Criminal Procedure Code, 1973, Section 164 -- Provision of S.164 of Code is divided in two parts, one with regard to "confession" which is found in sub-sections (1) to (4) and the other is with regard to "statement" (other than confession), which is referred to in sub-section (5) thereof - S.164(6) provides that Magistrate recording a confession or statement under this..........
Criminal Procedure Code, 1973, Section 340 -- S.340 Cr.P.C. provides that Court is not bound to make a complaint regarding commission of an offence referred to in relation to S.195(1)(b) Cr.P.C. as Section is conditioned by words `court is of opinion that it is expedient in the interest of justice' - This shows that such a course will be adopted in the interest of justice..........
Criminal Procedure Code, 1973, Section 41 -- Arrest - Unless a cognizable offence is committed by a person in presence of such police officer, police officer cannot arrest an accused only on the basis of his whims that he suspects the said person to have committed some offence - If such person has committed some cognizable offence which is punishable for imprisonment, then..........
Criminal Procedure Code, 1973, Section 172(3), 161, Evidence Act, 1872, Section 145 -- Case Dairy - Neither accused nor his agents shall be entitled to call for case diary nor shall he or they be entitled to see them merely because they are referred to by court - But if they are used by police officer who made them to refresh his memory or if court uses them for purpose of..........
Criminal Procedure Code, 1973, Section 211, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18 -- Defect in framing of charge - Recovery of 200 gms opium - Accused was fully aware that he is being charged for keeping 200 gms of opium without there being any license to keep the same - More so, record shows that at the time of framing of charge, accused was..........
Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 464, 228 - - Non-framing of charge u/s 376(2)(g) IPC - Evidence on record shows that prosecutrix was subjected to rape by both A-1 and A-2 - When evidence adduced by prosecution is clear that prosecutrix was subjected to rape by more than one person, act clearly falls within S.376..........
