Criminal Procedure Code, 1973, Section 438, 161 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, Ss.482, 180), Evidence Act, 1872, S.30 - Anticipatory bail - Confession of co-accused - Statement recorded u/S. 161 Cr.P.C (180 BNSS) - Exculpatory statement - Exculpatory statement of an accused person u/S.161 Cr.P.C can only be looked into for the limited purpose of either..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Recovery effected from a transparent polythene bag, which petitioner was having - Plea of false implication was taken by accused on the ground that no sensible person would carry contraband in a transparent bag - Mere fact that contraband..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Petitioner has been apprehended with a commercial quantity of contraband - Hence, rigors of S.37 of NDPS Act would certainly apply to him as there is nothing on record to show that he did not commit subject offence or would not commit..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere disagreement with grant of bail or reiteration of seriousness of offence does not suffice for cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail once granted should not be cancelled in absence of supervening circumstances such as: (a) Misuse of liberty granted; (b) Attempts to tamper with evidence; (c) Threatening or intimidating witnesses; (d) Absconding or evading legal process; or (e) Committing similar offences while on bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere assertion that trial Court ought to have taken a different view does not by itself justify cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Once bail has been granted by a competent Court, its cancellation must be premised on substantial and compelling reasons...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Cancellation of bail - Attempt to murder - No material to show that accused has attempted to interfere with trial, threaten complainant or committed any subsequent offence - Mere assertion that trial Court ought to have taken a different view does not by itself, justify..........
Criminal Procedure Code, 1973, Section 468(2), 482 -- Quashing of proceedings - Investigation not completed within limitation period - Occurrence took place on 3.11.2020 and FIR was registered on 4.11.2020 - Case of petitioners to invoke S.468(2)(c) Cr.P.C. is misconceived one, as language used in said section is that `no Courts shall take cognizance of offence' -..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Disputed questions of fact and probable defence of petitioner can only be adjudicated after parties duly adduce their evidence as same cannot be appreciated at the stage of deciding an application u/s 482 Cr.P.C...........
