Criminal Procedure Code, 1973, Section 451, Constitution of India, 1950, Article 226 -- Release of seized vehicle - When there is a specific statutory provision contained in Cr.P.C. empowering criminal Court to pass appropriate order for the proper custody and disposal of the property pending the inquiry or trial, appellant could not have invoked the extraordinary..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle in question appears to have been seized as it was allegedly carrying huge quantity of liquor exceeding the prescribed quantity - However, there is nothing on record to suggest as to whether the said vehicle was sought to be produced before the concerned Court so as to invoke S.451 Cr.P.C or..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle involved in NDPS Act - Petitioner is the registered owner of vehicle - Court should pass appropriate orders immediately and articles should not be kept for a long time at the police station - Vehicle in question directed to be released in favour of petitioner on supurdaginama of Rs.1 lakh and..........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - S.319 Cr.P.C requires stronger quality of evidence than merely prima facie case against accused...........
Criminal Procedure Code, 1973, Section 319 -- Summoning of additional accused - Dowry death - Proposed accused are devar and father-in-law of deceased - On the date of occasion they had not visited the place of occurrence - No specific allegations of involvement in alleged crime is imputed against them - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Accused must try for compounding at the initial stages - However, there is no bar to seek compounding of the offence at later stages of criminal proceedings including after conviction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere repayment of the amount cannot mean that accused is absolved from the criminal liabilities u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Accused in jail for more than one year before being released on bail and has also compensated the complainant - Complainant in compliance of the order has also deposited an additional amount of Rs.10 lakhs - There is no purpose now to keep the proceedings pending in appeal before..........
Indian Penal Code, 1860, Section 420, 406, 120B -- Cheating - Allegation that appellant failed to procure and supply the machine even after taking the advance money from complainant - But there is nothing on record to show that appellant had any ill intention of cheating or defrauding the complainant from the very inception - Transaction between the parties was purely..........
Criminal trial -- Tutored witnesses - Police taught the witnesses to depose in a particular manner - Their evidence have to be discarded - This conduct becomes more serious as other eye witnesses, though available, were withheld - Adverse inference must be drawn against prosecution - Benefit of substantial doubt must be given to appellants - Appellants acquitted...........
