Criminal Procedure Code, 1973, Section 167(2) -- It is presenting charge sheet within prescribed period and not taking cognizance which attracts the provision entitling accused to grant of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(3), (4), 37, 20, Criminal Procedure Code, 1973, Section 167(2), 439 -- Contraband - Recovery of 224 kgs. of ganja - Bail - Failure of prosecution to file charge-sheet or to move application for extending period of detention before expiry of initial period of 180 days of detention - Not a ground to grant bail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 451 -- Release of vehicle on superdari - Vehicle used in transportation of contraband - Petitioner registered owner of vehicle - Petitioner already released on bail - If vehicle is allowed to stand in the Police Station, it would not remain roadworthy - Its machinery,..........
Electricity Act, 2003, Section 131, 135, 151, 155 -- Electricity - Theft - Bail - Condition as to deposit of amount - Special Court can punish the accused if it is established that accused had committed the offence u/ss 135 to 139 of the Act - It can even determine the civil liability and direct the said person to deposit the amount of civil liability so determined - It is..........
Electricity Act, 2003, Section 131, 135, 151, 155 -- Electricity - Theft - Bail - Condition as to deposit of amount - Special Court has power to impose conditions, which may include the condition as to deposit of the amount - Special Judge should not be influenced by the amount of the bill alone - Bill is to be raised as per formula provided under the Act and the rules..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 451, 341, 323 and 307 IPC - In FIR kulhari blow on head of victim assigned to co-accused - Doctor opined injury not dangerous to life - Proper to grant bail to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406 -- Cheating - Amount involved Rs.75 lacs - Petitioner in custody for seven months - Investigation qua petitioner complete - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Charas - Recovery of one kg. - Quantity not commercial but between small and commercial - Punishable u/s 20(B) of the Act - Bar u/s 37 of the Act not attracted - Custody of accused no more required by police for investigation - Bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Foreign National convicted under NDPS Act for possession of heavy quantity of contraband like heroin, charas etc. - Accused not entitled to concession of bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 37, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused convicted under NDPS Act and sentenced to 12 years R.I. - Accused in jail for 7 years - Accused entitled to concession of bail...........
