Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85 -- Bail - Offence u/s 22, 61, 85 NDPS Act - Recovery of 12 injections of buprenorphine - As per proviso to R.66 of NDPS Act, an individual can possess 100 doses of buprenorphine hydrochloride - Controversy with regard to buprenorphine at serial no.169 of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, Punjab Travel Professionals Regulation Act, 2014, Section 13 -- Bail - Offence u/ss 406, 420 IPC and S.13 of Punjab Travel Professional Act - As per the prosecution, petitioner and co-accused used to visit his shop and represented that they could send complainant and his brother abroad..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15 -- Offence u/s 15 NDPS Act - Default bail granted as FSL report not filed within 180 days - Condition imposed that accused shall be taken into custody on receipt of FSL report - Condition set aside - Bail will remain in force unless accused commits default in the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(d)(4), Criminal Procedure Code, 1973, Section 167(2) -- Contraband - Default bail - Challan not presented within period of 180 days - Application to extend period to file challan filed before expiry of requisite period of 180 days - Accused cannot be denied default bail merely on the ground that report of..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - False pretext of marriage - Prosecutrix is a grown up married woman with two kids - As per her own stand she remained in relationship with petitioner for more than one and a half years and had been carrying on physical relations with petitioner - Debatable issue having arisen..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29 -- Bail - Offence u/ss 15, 25, 29 NDPS Act - Recovery of 143 kgs poppy husk - All prosecution witnesses are official witnesses and there is no possibility that petitioner may influence them or tamper with the evidence - Even, trial may take some time to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Recovery of 1200 ml of contraband recovered from petitioner is marginally higher than commercial quantity - Petitioner has no other case pending - He is in custody since the date of registration of FIR i.e for the last 10 months - Only one..........
Criminal Procedure Code, 1973, Section 311 -- Recalling of witness - Rape - Prosecutrix and her family resiled from their complaint on account of compromise with parents of accused for marriage of accused with prosecutrix - After release of accused on bail, accused did not turn up for wedding when all arrangements were made - To ensure fair trial, application filed by..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Offence u/s 22 of NDPS Act - Recovery of 2050 tablets - Only 10 tablets out of huge recovery of 2050 tablets were sent for chemical examination - Even, there was no batch mark on the tablets - Moreover, petitioner is in custody since the date of his arrest..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Normal rule is bail and not jail - Court has to keep in mind nature of accusations, nature of evidence in support thereof, severity of punishment which conviction will entail, character of accused, circumstances which are peculiar to accused involved in that crime...........
