Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 25, 27, 29 -- Bail - Recovery of 1400 tables of Tramadol Hydrochloride - Petitioner driving a motorcycle and co-accused was a pillion rider - Contraband recovered from co-accused who held a bag containing contraband - Petitioner whether can be said to be in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Allegations against accused yet to be proved - Certain facts qua discrepancy in statement of prosecutrix have come on record - Whether those facts are material or not will be proved during trial - However, keeping in view of facts and circumstances of case, as trial is likely..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 411 -- Bail - Offence u/s 411 IPC - Accused who is under trial prisoner has already suffered detention more than 50% of maximum period of punishment if at all to be imposed if found guilty - Accused a foreign national and validity of his visa is going to expire soon - In case of failure on part of..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question, which has not been claimed by any other person - Although no contraband was recovered from car, still vehicle seized under provisions of NDPS Act can be released in favour of registered owner provided no order of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - To claim benefit of S.167(2) Cr.P.C. detention of accused in custody has to be authorised by Magistrate - Once the authorisation by Magistrate is declared illegal consequently rendering the detention itself illegal, then such period of detention cannot be construed to be an authorised custody within the..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Discharge - Dowry death - Allegation against sister-in-law and brother-in-law - Prima facie case against accused is made out as per complaint, summoning order and also other material on record - It cannot be said that no case is made out..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Prosecutrix is not appearing for her examination in trial - Non-bailable warrants issued against prosecutrix to secure her presence - Trial of case is being delayed - Keeping in view of her conduct and that it is likely to take some more time before same is completed -..........
Criminal Procedure Code, 1973, Section 482 -- Second application for recall of an order - Maintainability - Petitioner earlier also filed application for recall of order for very same relief, which was dismissed - Second application for same relief is not maintainable - Application dismissed...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge - Court is authorized to alter or add charge at any time before judgment is pronounced - Rights of parties in regard to same is extremely limited and no addition or alteration or objection with regard thereto, can be raised as a matter of right...........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Charge framed by Magistrate is in accordance with materials produced before him or subsequent evidence which comes on record - Defence of accused is to be seen at the trial, not at the time of framing charge - For purpose of framing of charge Court only needs to prima facie..........
