Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Petitioner is behind the bars for the last 7 months and 6 days - Investigation is complete - Charges were framed and trial of case has not made much progress - Out of 14 PWs, no PW has been examined so far - Culpability of petitioner..........
Criminal Procedure Code, 1973, Section 154 -- Delay in lodging FIR - Unexplained delay in lodging FIRs is commonly considered fatal to prosecution's case - In the instant case, delay was never even acknowledged much less explained - Thus, necessary benefit of such an omission must accrue to accused...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Inquiry u/s 145 Cr.P.C is limited to question as to who was in actual possession on date of report or information, irrespective of title to property and right to possess the same...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Breach of public peace - Condition precedent for initiating proceeding u/s 145 Cr.P.C is satisfaction of Executive Magistrate regarding apprehension of breach of public peace on account of dispute relating to actual possession of subject property as per report or information received by Executive..........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Breach of public peace - Executive Magistrates are expected to invoke their jurisdiction u/s 145 Cr.P.C only in cases where there is apprehension of breach of public peace and tranquility - They should refrain from exceeding their jurisdiction and encroaching upon jurisdiction of Civil Courts...........
Criminal Procedure Code, 1973, Section 145 -- Proceedings u/s 145 Cr.P.C - Breach of public peace - Both the parties to dispute have rival claim regarding title to subject property and possession thereof - Executive Magistrate did not find himself able to decide possession of parties over it without any inquiry and hence, proceeding u/s 145 Cr.P.C was initiated - Alleged..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Following principles emerge for permissibility of registration of second FIR: (i) When second FIR is counter-complaint or presents a rival version of a set of facts, in reference to which an earlier FIR already stands registered; (ii) When ambit of two FIRs is different even though they may arise from the same set..........
Criminal Procedure Code, 1973, Section 482, 154 -- Quashing of second FIR - FIR prior in point of time refers to a particular incident and the action taken therein is limited - However, second FIR pertains to the larger issue of widespread corruption in the concerned department and, therefore, is much larger in its scope than the previous FIR - Quashing of FIR would nip..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Offence against Company - Director - No specific allegation against petitioner - He was not made party in original complaint before Industrial Tribunal as well as in appeal before High Court and Supreme Court - Complaint was lodged against petitioner solely on the ground that he is one of directors of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Petitioner willingly paid amount of Rs.1 lakh to complainant - Complainant was permitted to withdraw complaint and accused was acquitted - Accused filed application for refund of amount deposited - There was no condition precedent that in the event of..........
