Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Question as to non-compliance of mandatory provisions of NDPS Act and other lacunas in the investigation have direct bearing on the merits of case, which cannot be looked into at this stage while deciding a bail petition filed u/s 439 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 18, 21(c), 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Recovery of 260 grms of heroin effected from him and 500 grms of opium was also recovered from dashboard of car - Quantity of recovered contraband falls under commercial quantity - Rigors of S.37 of NDPS Act would certainly be..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29, 20, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Charges were framed on 23.2.2024 and out of total 35 PWs only one PW has been examined till date - No recovery effected from petitioner and he was nominated only on the basis of disclosure statement of co-accused - Investigation of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 395, 397 -- Bail - Offence u/ss 395, 397 - Challan was presented and charges were already framed - Out of 23 PWs only 1 witness has been examined till date - Petitioner has undergone an actual custody of 1 year and 27 days and there is not other case registered against him - Veracity of..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Cannot be declined solely on the ground that accused is involved in another case...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Cancellation of bail is to be dealt with on a different footing in comparison to a proceeding for grant of bail - There shall be cogent and overwhelming reasons for the cancellation of bail granted to an accused - Conventionally, there can be supervening circumstances which may develop post the grant..........
Criminal Procedure Code, 1973, Section 437(5), 439(2) -- Cancellation of bail - Stipulations contained in Ss.437(5), 439(2) Cr.P.C. cannot be treated as a substitute for preventive detention laws...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted to petitioner cancelled on the ground that he is involved in other offence - However, prosecution has not produced any material to show that alleged involvement of petitioner in subsequent crime has any nexus with trial or any of proceedings in the case - Nothing to show that he had an..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted by imposing condition of demolishing the wall at the expense of appellants and handing over possession of disputed property to complainant - Condition imposed clearly tantamount to deprivation of civil rights, rather than measures to ensure the accused's presence during trial - Condition set aside...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Postponement of implementation of order granting bail for six months - No reasons assigned as to why implementation of order granting bail was postponed for six months - No such condition could be imposed for grant of bail to accused - If Court is satisfied on merits, it should grant bail or otherwise reject the same -..........
