Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Limiting protection for a period of one month - Limiting such protection for a period of one month negates the purpose behind the order - Order extended till the time petitioners are to be arrested after registration of a case...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 61 -- Bail - Recovery of 120 kg poppy husk and 1 kg opium - Recovery effected from Truck of which accused was conductor - Whether contraband recovered was put in truck with knowledge of accused or same could be considered to be recovery from accused's person..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Bail - Petitioner nominated as an accused on disclosure statement of co-accused - Complicity of petitioner will have to be determined by quality of evidence led during trial - As regarding self incriminatory statement of petitioner himself, since he is in custody..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29 -- Bail - Contraband - Investigation in the matter is complete - Challan stands presented - No useful purpose would be served in keeping petitioner behind bars - Bail allowed...........
Criminal Procedure Code, 1973, Section 452, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Release of seized vehicle - Vehicle involved in NDPS case - Notice issued to petitioner to show cause against proposed confiscation - But, trial Court failed to conduct any enquiry into relevant aspects as contemplated u/s 60(3) and S.63 First Proviso of NDPS Act..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 400 Tredol-100 Tramadol-Hydrochloride Tables - 100 MG tablets - Recovery made from polythene bag/envelope allegedly thrown on road side by petitioner - Case involves debatable question as to whether petitioner can be said to be in conscious..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 148, 149, 404, 216, 120B, Arms Act, 1959, Section 25 -- Bail - Murder - Petitioner was not named in the FIR - He was named only after disclosure statement of co-accused - Petitioner has been denied his personal liberty since 15.7.2019 - Trial of case is likely to take time - No useful purpose..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Bail - Recovery of 77 kg 500 gm poppy husk - Secret information - Charges were framed on 1.8.2019 - Till date not even a single PW has been examined - No other case is pending against petitioner - Trial of case is likely to take time - Bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 438, Punjab Excise Act, 1914, Section 61 -- Anticipatory bail - Offence u/s 61 of Punjab Excise Act - Recovery of 30 liters of `lahan' and 750 mls of illicit liquor from the house of petitioner - As per allegations, petitioner ran away from the spot - However, accused contends that prosecution version is highly improbable as it would..........
Criminal Procedure Code, 1973, Section 439, 445 -- Bail - Cash deposit in lieu of sureties - Accused unable to arrange sureties as he is a foreigner - Accused offered to deposit cash in lieu of surety bond - Accused permitted to deposit cash amount to the satisfaction of Court concerned in lieu of executing surety bonds...........
