Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of large quantity of unlabelled tablets and injections - Raid on chemist shop - Recovery not effected from petitioner who stated to come from Malaysia to meet his parents - Rather it was made from house which was owned by father of petitioner, who..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 353, 186, 148, 149, Arms Act, 1959, Section 25, 27 -- Bail - Offence u/ss 307, 353, 186, 148, 149 IPC and Ss.25, 27 Arms Act - As per prosecution, petitioner was member of unlawful assembly, which fired towards police party in order to prevent it to discharge its official duty - However, no..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 34 -- Bail - Offence u/ss 304-B, 34 - Petitioner is in custody and trial is underway - No useful purpose would be served in keeping her incarcerated - Material witness has already given his statement even though examination-in-chief is still pending - Petitioner would not be in a position to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Love affair between deceased and accused - However, their relationship was strongly disapproved by parents of deceased - Deceased was tormented as she felt that she would not be able to continue with her relationship with accused due to various..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 251 -- Dishonour of cheques - Three cases - Same parties - Clubbing of cases - S.219 Cr.P.C. applies only to warrant cases and not to summons cases where no charges are framed - In case no charges are framed then there is no requirement for clubbing of the cases - Dismissal of..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Murder case - Wife of deceased filing an application to be examined as a witness claiming herself to be eye witness of incident - Reliability, credibility or evidentiary value of this witness cannot be assessed at this stage - By allowing such witness for examination, it cannot be said that this witness..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife - Denial of status of wife by husband - Huge amounts of gifts were given to husband connected with marriage - Wife had gone to her matrimonial home where she is said to have tuned unconscious - She having gone to house of husband as his wife virtually admitted and plea denying her status as wife is simply..........
Criminal Procedure Code, 1973, Section 157 -- Delay in sending FIR to Court - Murder case - Police had knowledge of murder before 7 p.m. but FIR registered at 11 p.m. - However, FIR reached jurisdictional Magistrate at 4.10 a.m. on following day - No explanation whatsoever was forthcoming from prosecution side for inordinate delay in FIR reaching Magistrate - In absence of..........
Criminal Procedure Code, 1973, Section 311 -- Examination of witness - Right of accused - Accused has right to examine witnesses in defence whose statements are relevant and is so permitted by Court - However, accused does not possess indefeasible right to examine defence witnesses - For each and every witness to be examined in defence, he has to explain their relevance to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Offence u/s 20 NDPS Act - Recovery of 24 kgs ganja - Three persons were apprehended and recovery of 8 kgs of Ganja each was effected from their possession - Whether each of accused was in conscious possession of 24 kgs of Ganja or 8 kgs Ganja, which was..........
