Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of huge quantity of poppy straw - PW1 specifically stated that except evidence of co-accused, no other evidence is available on record to connect accused with commission of crime - Accused entitled to bail...........
Criminal Procedure Code, 1973, Section 452(1) -- Release of recovered assets - If assets are confiscated and accused is acquitted, Court has power to release recovered assets in favour of accused...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 29, Criminal Procedure Code, 1973, Section 439 -- Second bail application - Offence u/ss 8, 15, 29 of NDPS Act - I.O specifically stated that except information supplied by accused while in police custody, no other independent evidence was collected against petitioners - Bail held, granted to petitioners...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 50 -- Bail - Recovery of 18 kg 490.3 gms Ganja - Non-commercial quantity - Mandatory provision of S.50 of NDPS Act not complied with - Trial of case would apparently take time - Contraband found is less than commercial quantity as prescribed in terms of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251, 263(g) -- Dishonour of cheque - Plea of accused that he should not be tried u/s 138 of N.I. Act can only be raised before Court of Magistrate u/s 251 Cr.P.C. and 236(g) of Cr.P.C. - Along with this plea, he can file necessary documents and also make an application...........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Compromise - Proceedings can only be quashed where issue is overwhelmingly and predominantly of civil profile arising out of commercial, financial, mercantile and civil or matrimonial nature - Criminal proceedings are not to be quashed where offence is heinous in nature...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 120B, Information Technology (Amendment) Act, 2008, Section 66, 72 -- Quashing of proceedings - Compromise - Cheating - Criminal conspiracy - Parties entered into compromise - Matter between parties has been settled amicably, voluntarily and without any pressure or coercion - Proceedings..........
Criminal Procedure Code, 1973, Section 451, 457 -- Release of seized vehicle - Vehicle involved in NDPS case - Petitioner is registered owner of vehicle in question - He claims to have sold the same to his brother through an agreement - Moreover, petitioner was not present in vehicle when seizure was effected and he is not the accused in the case - Even recovered..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Proceedings in some other cases would not be a ground for rejection of exemption application...........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Application u/s 205 Cr.P.C has to be examined on its own facts and grounds given in exemption application and have to be taken into consideration and after applying mind on grounds taken if Court finds that there is a genuine reason or not in attending proceedings, exemption applications may..........
