Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 20(b)(ii)(c), 29(1) -- Contraband - Default bail - Neither charge sheet filed on the date of petition for default bail by accused, nor order for extension of time to complete investigation granted/ordered - Indefeasible right to default bail accrued to..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Interim protection granted subject to co-operation of accused with investigating agency - Accused joined investigation but did not co-operate with the police nor got recovered the amount of bribe received by him nor disclosed other facts of the case properly - Behaviour attributed to accused to the instances..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Mere fact that custodial interrogation is not required that by itself may not be a ground to release an accused on anticipatory bail if offences are of a serious nature...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Mere assertion on the part of State while opposing plea for anticipatory bail that custodial interrogation is required would not be sufficient - State would have to show or indicate more than prima facie why custodial interrogation of accused is required for the purpose of investigation...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, 37, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Commercial quantity was seized from accused - Rigour of S.37 of NDPS Act will apply - Accused has no criminal antecedents - There are reasonable grounds to hold that accused has not committed the offence and is not likely to commit..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bars since 2022 i.e for past almost 2 years - Out of total 14 PWs only 4 have been examined so far - Conclusion of trial may take long time - Accused is not involved in any other case of similar nature - Accused has been..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Accused contended that application for extension of time of investigation from 180 days to 1 year was also filed on the same day when he applied for default bail - However, State contended that application for extension of time for..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Denial of bail on ground of pendency of other cases/convictions - In all probability would lend the accused in a situation of denial of concession of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Offence u/ss 420, 467, 468 & 471 IPC - Accused already suffered incarceration for a period of 02 years, 02 months and 21 days - Out of total 11 prosecution witnesses, none has been examined so far - Conclusion of trial will take long time - Denial of bail on ground of..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail granted by Single Judge of High Court - Bail cancelled by another single Judge of same High Court - Bail cancelled by examining merits of allegations - Cancellation of bail is totally uncalled for and tantamounts to judicial impropriety/indiscipline - Order cancelling bail quashed and set aside...........
