Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Commercial quantity - Petitioner is trying to mislead the Court as regards his admission in hospital - Though petitioner is having some medical ailment, but by not surrendering on time and moving application for extension of bail by..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere long detention in jail does not entitle an accused for bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(AB), 506, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Prosecutrix levelled specific allegation against accused of oral sex with her and that accused penetrated penis in her way of urine - She was about 12 years at the time of incident, therefore, at the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Panch witnesses have not supported case of prosecution - Failure to conclude trial within a reasonable time resulting in prolonged incarceration militates against fundamental right guaranteed u/art 21 of Constitution - Conditional liberty..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 52A, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Mandatory provision of S.52-A of NDPS Act has not been followed, as seizure officer did not get the proceedings u/s 52-A of the Act conducted in the case before a Magistrate or Gazetted Officer - Search and seizure vitiated - Moreover,..........
Indian Penal Code, 1860, Section 302, 34 -- Murder - PW3 who claimed that accused had made an extra judicial confession had turned hostile - However, evidence of eye witness/PW2/wife of deceased is reliable and there was no error in the eye witness account - Minor discrepancies in the evidence of PW2 would not make much difference - Conviction upheld - However, since..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 498A, 406, 120B -- Second bail application - Dowry death - Accused No.1 is a lady aged about 65 years and has suffered incarceration for about 7 months and 26 days - She is not involved in any other case - Total 18 PWs have been cited and culmination of trial will take its own time - Nothing..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 304B, 498A, 506, 34 -- Cancellation of bail - Dowry death - Issue whether there were specific allegation with regard to demand of dowry, giving beatings to accused, cannot be looked into at this stage and shall be essentially gone into during the course of trial - Bail granted to accused after..........
Criminal Procedure Code, 1973, Section 439, 439(2) -- Cancellation of bail and challenging order granting bail - Difference - While considering the application for cancellation of bail, Court ordinarily looks for some supervening circumstances like tampering of evidence either during the investigation or during the trial, threatening of witness, accused likely to abscond..........
Unlawful Activities (Prevention) Act, 1967, Section 43D, 13, 17, 18, 18(B), 38, 39, Indian Penal Code, 1860, Section 120B, 153A, 153AA -- Bail - Offence u/ss 13, 17, 18, 18(B), 38, 39 of UAPA and Ss.120-B, 153-A, 153-AA IPC - There are reasonable grounds for believing that accusations against respondents are prima facie true and that the mandate contained in S.43(D)(5)..........
