Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 37, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 7 kg charas - Statement u/s 67 of NDPS Act - NCB places reliance on two statements recorded u/s 67 of NDPS Act - However, petitioner had not admitted or confessed that he was involved in the offence for which he is charged - No..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Dowry death - Petitioner is father-in-law of deceased and he is 67 years old - Allegations against petitioner are vague - Entire family is in jail - Petitioner is in custody since 2019 - Bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302, 147, 148, 149, 120B, 109 -- Default bail - Murder - Petitioner was arrested on 9.3.20 - Final report filed on 18.6.20 after lapse of 90 days - Before final report filed, petitioner moved Court seeking bail - Petitioner entitled to be released on bail - Bail granted...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - Though final report as such is not a legal evidence, those materials which were collected during course of investigation, when found to be admissible independently apart from final report, can be accepted and acted upon...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - Report u/s 173(2) or S.173(8) Cr.P.C cannot by itself is a substitute for legal proof - But, it may be wrong to eschew entire final report in the matter of tortious liability, unless translated the same into legal evidence...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - Tortious liability - It is neither permissible nor advisable to accept final report, unless translated into legal evidence for application of maxim `res ipsa loquitur' or to find out negligence, if any, contributed by any of parties to proceedings to fix tortious liability...........
Criminal Procedure Code, 1973, Section 173(2), 173(8) -- Final report - There is no material difference in legal position regarding probative value of a final report submitted u/s 173(2) or S.173(8) Cr.P.C between criminal law and civil law...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, 354, 34 -- Quashing of proceedings - Offence u/ss 498-A, 323, 506, 354, 34 IPC - Allegations of cruelty against wife as well as criminal intimidation apart from assault on women to outrage her modesty and voluntarily causing hurt - Offences are serious in nature - Prima facie case..........
Criminal Procedure Code, 1973, Section 228 -- Framing of charge - Documents which are not part of investigation cannot be relied on at the time of framing of charge - However, there may be exceptions to it...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 28, 29, 37, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Contraband - Application for anticipatory bail of an offence under NDPS Act involving commercial quantity, is not barred under any of the provisions of NDPS Act - However, restrictions u/s 37(1)(b) of the Act in granting bail to..........
