Indian Penal Code, 1860, Section 420, 406, 354, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Cheating - Quashing of FIR - Charge sheet is bereft of particulars and details required and mandated in terms of S.173(2) Cr.P.C - It merely reproduces the contents of FIR - However, FIR does not state the material and evidence available and collected during course of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22 -- Bail - Contraband - Contraband found from possession of applicant is less than commercial quantity - Embargo of S.37 of NDPS Act, would not be applicable - Applicants detained for the last more than six months and charge-sheet has been presented..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 29 -- Bail - Contraband - Petitioner is behind the bars for last more than 5 months - Investigation is complete and final report u/s 173 Cr.P.C. was presented before concerned Court - Charges were framed and trial of case has not made much..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 85, 80(2), 3(5), Dowry Prohibition Act, 1961, Section 3, 4 -- Second anticipatory bail application - Cruelty - Dowry death - Appellant has a child of 2-1/2 months and she has co-operated with I.O. during course of investigation - Charge against appellant has been filed and her..........
Criminal Procedure Code, 1973, Section 167(2), Official Secrets Act, 1923, Section 3, 4, 5, Indian Penal Code, 1860, Section 120B -- Default bail - Offence u/ss 3, 4, 5 of Officials Secrets Act and u/s 120-B IPC - S.3 of Officials Secrets Act, prescribes maximum punishment up to 14 years - There is no minimum punishment provided under the said provision - Punishment..........
Indian Penal Code, 1860, Section 308, 506 -- Offence u/ss 308, 506 IPC - Victim suffered 14 injuries few of which are even life threatening - Presence of witnesses on the alleged spot of incident is proved on record - So far as non-recovery of weapon of assault is concerned, benefit of such lacuna in investigation cannot be given to appellant, as ocular evidence on record..........
Service -- Recruitment - Irregularity in selection process - When a thorough inquiry uncovers systemic irregularities like fraud or malice that compromise the integrity of a selection process, the outcome should be fully cancelled; however,if possible, efforts should be made to separate tainted from untainted candidates - The decision to cancel the selection must stem..........
Evidence Act, 1872, Section 30 -- Confession of a co-accused - Confessional statements made by accused during interrogation can be considered or looked into to connect the other co-accused - Such disclosure statement of co-accused can certainly be taken into consideration for providing a lead in the investigation and even during trial it is admissible u/s 30 of the Act...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(B), Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Contraband - Contraband involved consists of 13.288 kilograms of ganja, which is classified as non-commercial quantity - Specific allegations against petitioner were made by co-accused in their confessional..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21, 22, 29, Indian Penal Code, 1860, Section 420, 465, 468, 471, 120B, Arms Act, 1959, Section 25 -- Bail - Contraband - Cheating - Petitioner has already suffered incarceration for a period of more than 5 years, 4 months and 19 days - Investigation was..........
