Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 3.100 kgs opium and Rs.44 lakhs in cash from the boot of car - Whether alleged recovery can be considered to be recovery from petitioner shall be debated during course of trial - Petitioner already suffered incarceration for over eleven..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 459, 460, 380, 302, 411, 120B -- Bail - Offence u/ss 459, 460, 380, 302, 411, 120-B IPC - Prosecution not collected any forensic evidence to prove involvement of petitioner - The only eye-witness stated that he could not properly see the accused - Accused has no criminal antecedents - Bail..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Granted by holding that accused can be re-arrested after charge sheet is filed - Filing of charge sheet by itself not a ground for cancellation of bail - Default bail can be cancelled on other grounds available in law to prosecution - Direction set aside...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - While granting bail, High Court held that accused can be re-arrested after charge sheet is filed - Held, filing of charge sheet by itself is not a ground for cancellation of bail granted u/s 167 Cr.P.C. which can be cancelled on other grounds available in law to the prosecution...........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 364, 392 IPC - Vehicle in question hypothecated by original owner in favour of appellant by entering into hire purchase agreement - Entry of hypothecation of vehicle in favour of appellant was very much there in original registration certificate, which was..........
Criminal Procedure Code, 1973, Section 200, Prevention of Corruption Act, 1988, Section 19 -- Second complaint - Dismissal of previous complaint for want of sanction - Second complaint after retirement of public servant is maintainable when sanction for prosecution is not necessary after demitting office or retirement...........
Criminal Procedure Code, 1973, Section 200, Prevention of Corruption Act, 1988, Section 19 -- Second complaint - Public servant - Refusal of sanction for prosecution - Public servant cannot be prosecuted later after retirement of office notwithstanding that no sanction for prosecution is necessary after demitting office or retirement of public servant...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - While considering discharge application, Court is to exercise its judicial mind to determine whether a case for trial has been made out or not - Court is not to hold mini trial by marshalling evidence at this stage...........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25A -- Discharge - Contraband - Prosecution has sufficient evidence to involve accused in commission of offence - Accused had a talk on mobile number of main accused from his cell phone - All the call details were brought on record by prosecution - Discharge..........
Criminal Procedure Code, 1973, Section 482 -- Two FIR's - There cannot be two FIR's on the same subject and in relation to same incident - Allowing such a course of action, would lead to an absolutely ambiguous situation - Registration of second FIR and continued investigation thereof amounts to sheer abuse of process of law - Second FIR quashed...........
