Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 20.02 gms heroin - Quantity of drug involved is less than Commercial quantity but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in judicial custody since 2019 - Investigation is almost..........
Criminal Procedure Code, 1973, Section 482 -- Investigation by CBI - Central Government/CBI's power to investigate and prosecute its own officials cannot be in any way impeded or interfered by State even if offences were committed within territory of State...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 186, 353, 427, 148, 149, 379, 506, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Bail - Offence u/ss 307, 186, 353, 427, 148, 149, 379, 506 IPC and S.21 of 1957 Act - Petitioner is not named in FIR - No specific part in the form of causing injury to any of public..........
Criminal Procedure Code, 1973, Section 195, 352, Indian Penal Code, 1860, Section 174 -- Cognizance of offence - Offence u/s 174 IPC - S.352 Cr.P.C creates an embargo on a judge of criminal Court or a Magistrate except a judge of High Court from trying any person for offences referred to in S.195 Cr.P.C. - It is thus, not proper for Special Judge to have taken cognizance..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Parties arrived at a settlement in terms of a joint memo - Offence compounded - Conviction set aside - Accused acquitted...........
Indian Penal Code, 1860, Section 509, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Calling a woman, even to one's own wife, a prostitute and to call her that earns the money by indulging in prostitution - Amounts to insulting modesty of a woman - There is thus, prima facie evidence to indicate that offence falls u/s 509 IPC - Prosecution is thus,..........
Criminal Procedure Code, 1973, Section 357A -- Victim Compensation Scheme - District Legal Services Authority (DLSA) or State Legal Services Authority (SLSA) u/s 357-A(2) Cr.P.C can only decide quantum of compensation - Neither DLSA nor SLSA can monitor or fetter amount disbursed as compensation u/s 357-A Cr.P.C, as their jurisdiction ends with awarding the amount...........
Criminal Procedure Code, 1973, Section 357A -- Victim Compensation Scheme - Power to decide and grant victim compensation is conferred on State and central Authorities and power to frame schemes of providing funds therefor (and not relating to method/modality of disbursal) flows from S.357-A Cr.P.C and not from Legal Services Authority Act...........
Criminal Procedure Code, 1973, Section 357A - - Victim of human trafficking - Compensation - Procedure for grant of victim compensation - WBVC Scheme not amended yet by incorporating National Legal Services Authority (NLSA) model Scheme, pursuant to direction of S.C - Said WBVC Scheme thus, prevails in State and disbursement of compensation to major persons would be..........
Criminal Procedure Code, 1973, Section 245(2) -- Warrant case - Discharge - Magistrate has necessary discretion u/s 245(2) Cr.P.C to discharge accused in a warrant case instituted on private complaint when he is satisfied that complainant has neglected to participate in pre-charge enquiry and failed for no good reasons to adduce evidence requisite for formulating a charge..........
