Criminal Procedure Code, 1973, Section 167, 173, Unlawful Activities (Prevention) Act, 1967, Section 43D -- Bail - Accused pleaded that filing of supplementary charge-sheet and application for further investigation was an admission of fact that when charge-sheet was filed investigation was not complete, thus they are entitled to bail - Further investigation u/s 173(8)..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167(2), 439 -- Bail - Recovery of 90 gms narcotic powder - In the instant case, petitioner arrested on 30.08.2013 and 180 days expired on 1.03.2014 - However, incomplete challan presented on 19.12.2013 without report of chemical examiner - Petitioner's application..........
Criminal Procedure Code, 1973, Section 167(2) -- Application for default bail - Charge-sheet not filed within 90 days - Application for grant of bail u/s.167(2) CrPC filed by accused - Held, Magistrate is obliged to deal with application on that day - Adjournment by Magistrate misconceived - Court cannot act to extinguish right of accused if law so confers on him...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - Charge-sheet not filed within statutory period of 90 days - Accused filed application for bail u/s.167(2) CrPC - Thereafter, prosecution submitted application for extension of time for filing charge-sheet - Held, accused entitled to grant of bail u/s. 167(2) CrPC...........
Criminal Procedure Code, 1973, Section 167(2) -- Application for default bail - Charge-sheet not filed within 90 days - Application for grant of bail u/s.167(2) CrPC filed by accused - Held, Magistrate is obliged to deal with application on that day - Adjournment by Magistrate misconceived - Court cannot act to extinguish right of accused if law so confers on him...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Grant of - Charge-sheet not filed within statutory period of 90 days - Accused filed application for bail u/s.167(2) CrPC - Thereafter, prosecution submitted application for extension of time for filing charge-sheet - Held, accused entitled to grant of bail u/s. 167(2) CrPC...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Final report filed u/s 173 Cr.P.C. - Question as to whether it is a complete report or not - Court while refusing bail to applicants, has applied its mind to all relevant facts and circumstances and has exercised its discretion in accordance with law - No interference warranted in the impugned order of..........
Criminal Procedure Code, 1973, Section 60, 167(2) -- Escaped prisoner - Committing offence in another State - Granted default bail u/s 167(2) Cr.P.C. - Held, petitioner is not entitled to the relief of being released forthwith - Being a convicted prisoner, his movements can be restricted, till the execution of the sentence is completed...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21, 22, 29 -- Statutory bail - Recovery of 229 vials of Rexcof (cough syrup) in possession of accused - Entire quantity required to be taken into consideration to determine quantity i.e. small, intermediate or commercial - Accused in possession of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), Criminal Procedure Code, 1973, Section 167 -- Bail - Non-filing of charge sheet within 90 days - Application by I.O for extension of time for filing final report u/s 173 Cr.P.C was without any report of public prosecutor - Held, right to be released on bail has accrued in favour of petitioner for no,..........
