Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Stage of trial is not very relevant for determining whether power u/s 311 Cr.P.C, should be exercised by Court, as power u/s 311 Cr.P.C can be exercised by Court at any stage of any enquiry, trial or other proceedings under Cr.P.C...........
Criminal Procedure Code, 1973, Section 311 -- Examination of Municipal Secretary of Municipality for proving birth certificate of victim - Rape case - Determination of age of victim is crucial in facts and circumstances of case and for a just and proper decision in the matter - It is thus, necessary to summon and examine Municipal Secretary for proving contents of birth..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Condition to deposit National Saving Certificates in the sum of Rs.50 lakhs with trial Court - Condition imposed is onerous - Condition imposed, set aside...........
Criminal Procedure Code, 1973, Section 439, Drugs and Cosmetics Act, 1940, Section 18(c), 18A -- Bail - Sale of huge quantity of allopathic drugs without licence - Petitioner is a 62 years old person - Offence occurred in 2018 and nothing has been produced on record that since then till date, petitioner was found involved in repeating offence committed by him which..........
Criminal Procedure Code, 1973, Section 438 -- Interim protection - Relaxation of condition - Accused directed not to enter village - Since, investigation is complete and State can file charge sheet - Relaxation as prayed for granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of commercial quantity of contraband - No complete bar to grant bail - Court after affording opportunity of being heard to public prosecutor can grant bail even in the cases of commercial quantity, if it is satisfied that accused is not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 1800 Capsules of PYN SPAS PLUS - Commercial quantity recovered from co-accused - No direct evidence to connect petitioner with alleged commission of offence - Mere telephonic conversation if any interse petitioner and co-accused is not..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Failure of defence to put certain questions to witness - In itself not a ground for recalling of witness...........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Courts are empowered to exercise discretion u/s 311 Cr.P.C where there are strong and valid reasons to conclude that re-examination or new evidence is needed for just decision of case...........
Criminal Procedure Code, 1973, Section 311 -- Recall of I.O and complainant for further cross-examination - Offence u/ss 452, 324, 323 IPC - Application sought on the ground that certain new facts came to light in deposition of father of accused - However, said new facts are related to incident independent to present one - There is no co-relation between two incidents -..........
