Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Arrest on charge of cultivating opium poppy - Accused in custody for one year - Nothing definite as to ownership and possession of crop - Bail allowed...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Name of petitioner not mentioned in FIR - Name of accused added on basis of statement of witness who is brother of injured and his statement recorded after one month of incident - In facts and circumstances of the case, bail allowed...........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal and release on bail - Reasons has to be recorded in writing - There has to be careful consideration of the relevant aspects and the order directing suspension of sentence and grant of bail should not be passed as a matter of routine...........
Criminal Procedure Code, 1973, Section 167, 437 -- Police remand and bail application - Bail application pending on the same day when police remand sought - Court should hear remand application as well as bail application at a time in one hearing instead of hearing them separately at different hours of the same day and passing different orders - Court should hear the two..........
Criminal Procedure Code, 1973, Section 389, Indian Penal Code, 1860, Section 302 -- Bail during pendency of appeal - Bail granted as incident 13 years old, some arguable points raised which need consideration at the time of regular hearing and that appeal is not likely to be heard for a long time...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25A, 67, 37, Criminal Procedure Code, 1973, Section 438 -- Anticipatory Bail - 67.160 kg of Ephedrine seized from godown of petitioner - Statutory return prior to 1.4.2004 not submitted - Summons u/s 67 of the Act issued for producing documents in respect of enquiry made in connection with alleged trafficking..........
Criminal Procedure Code, 1973, Section 437, 209, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18, 14 -- Bail by Magistrate in an offence exclusively triable either by Session Court or Special Court - Magistrate during committal proceedings has power to grant or refuse to grant bail to accused in cases which are exclusively triable..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, 20 -- Juvenile - Bail - Accused 16 years and 9 months old on date of commission of offence - Not a juvenile under 1986 Act - During pendency of trial Act of 2000 came into force - Accused not completed 18 years of age as on 1.4.2001 - Act of 2000, held, applicable - Accused entitled to bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Opium - Recovery of 2.5 Kgs. - Recovery not commercial quantity - Bail allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Fatal injury attributed to son who fired a shot from gun which belonged to father/petitioner - Petitioner a practicing Advocate and also remained President of District Bar Association and as an Advocate he knew all the consequences and his involvement in this case is on..........
