Customs Act, 1962, Section 108, Criminal Procedure Code, 1973, Section 438 -- Blanket anticipatory bail - Respondents were summoned by Customs Officials u/s 108 of the Act for recording of their statements - High Court held that their applications for anticipatory bail were premature but Custom authorities directed that in case they file any non-bailable offence against..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Exceptional cases - Held, that anticipatory bail should be granted in exceptional cases where it appears that a person is falsely implicated or a frivolous case is launched against him or there are reasonable grounds for holding that a person accused of an offence is not likely to abscond or to misuse his..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Accused in jail since 25.11.2007 - Bail granted without going into merits of case...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Grant of - Rash and negligent driving - Statement of witness that accused did not stop car even after impact and continued dragging victim leading to his death - Another witness stated that one boy and girl getting down from damaged BMW car immediately after alleged occurrence - Petitioner was arrested on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 25A -- Bail - Non filing of Chemical Analyser's report alognwith charge sheet - Samples of seized material were tested at spot - Test report showing Pseudo ephedrine which is controlled substance - Charge sheet cannot be said to be incomplete - No prejudice caused to accused - Accused not entitled to bail...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 25A -- Bail - Recovery of 290 Kgs. of Pseudo ephedrine a controlled substance - Concept of commercial quantity does not apply to controlled substance - Controlled substance not necessarily used to make Narcotic Drugs or Psychotropic Substances but it a versatile substance which can be used in manufacturing..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 120B, 420, 467, 468, 471, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d) -- Bail - Offence of breach of trust, cheating, dishonesty, embezzlement and misappropriation of money belonging to bank - Over draft granted beyond discretionary power without reporting to controlling authority..........
Indian Penal Code, 1860, Section 364A, 365, 357, 346 -- Conviction u/ss 364-A, 365, 357 & 346-A IPC - In appeal accused released on bail - Dismissal from service - Held, when only sentence is stayed then competent authority can pass appropriate order as conviction was on ground of moral turpitude - It is always open to the authority to revise its order and reinstate the..........
Criminal Procedure Code, 1973, Section 437, Indian Penal Code, 1860, Section 409, 420, Prevention of Corruption Act, 1988, Section 13 -- Bail - Grant of - Prosecution has been able to establish that all accused persons including appellant were hand in glove as appellant and treasury officer got several bills passed which were not in accordance with provision of Bihar..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 60 Kgs of contraband from three accused - Though it is commercial in nature but it is attributed to three persons - In that context it is possible to argue that it is slightly above commercial quantity - Bail granted...........
