Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 323, 324, 341, 34 -- Bail - Offence u/ss 307, 323, 324, 341, 34 IPC - All material witnesses including complainant have been examined - Application u/s 319 Cr.P.C has been moved, which may prolong the trial - No purpose would be served by keeping petitioner in custody - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2), 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Transportation of 157.300 kg poppy straw - Statutory period of 180 days has to be calculated only from date of remand and not from the date of arrest...........
Criminal Procedure Code, 1973, Section 167(2), 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Transportation of 157.300 kg poppy straw - Charge sheet was filed just after expiry of 180th day of arrest of accused - Petitioner held, not entitled to compulsive bail - Bail held, rejected...........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 325, 143, 147, 149, Bombay Police Act, Section 135 -- Appeal against acquittal - Application for leave to appeal - Offence u/ss 323, 325, 143, 147, 149 and S.135 of Bombay Police Act - High Court while rejecting application for leave to appeal has stated that medical evidence did not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Summoning order challenged after more than 4 years of passing of order - Neither any plausible explanation nor any sufficient cause in petition for such delay - Summoning order is barred by principle of delay and laches - Quashing..........
Criminal Procedure Code, 1973, Section 311, 391 -- Recall of witness - Mere mentioning of the fact that accused was not medically fit in his statement u/s 313 Cr.P.C., does not affect his right to lead additional defence evidence...........
Criminal Procedure Code, 1973, Section 311, 391, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - On the ground that he was not medically fit during period cheque was issued - Application u/s 311 Cr.P.C. cannot be allowed for recalling of complainant and to put him medical record, which accused can otherwise..........
Indian Penal Code, 1860, Section 323, 504, Criminal Procedure Code, 1973, Section 2(d), 190, 200 -- Offence u/ss 323, 504 IPC - Summoning of accused - Investigation was undertaken for no, cognizance offence and charge sheet filed under no, cognizance offences only - Charge sheet therefore, should be treated as a complaint - Order of cognizance as well as summoning order,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, 2(iii), Criminal Procedure Code, 1973, Section 439 -- Recovery of Cannabis (hemp) ganja - Bail - Leaves which were seized by police from petitioners were not accompanied by tops - If leaves of cannabis plant do not fall within definition of cannabis (hemp), then possession thereof and sale are not..........
Criminal Procedure Code, 1973, Section 482, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 61, 85 -- Transfer of investigation to CBI - Defective investigation - Recovery of 500 gms heroin and cash of Rs.39,73,000 - Petitioner alleged that investigation of case is not properly conducted and he is falsely implicated in the case - He was..........
