Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 50 -- Bail - Offence u/s 21 NDPS Act - Non-compliance of S.50 NDPS Act - Petitioner given option for search by a `gazetted police officer' - It amounts to violation of S.50 NDPS Act as it is a limited offer instead of Gazetted Officer, search was conducted by a..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 188, Explosives Act, 1884, Section 9B -- Anticipatory bail - Offence u/ss 420, 188 IPC and S.9-B of Explosive Act - Recovery of crackers - Petitioner is a valid licence holder for storing crackers under Explosive Act and said licence is renewed from time to time - However, validity of said..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Bail - Offence u/s 21 NDPS Act - Recovery of 80 grams heroine from right pocket of pant worn by petitioner - Keeping in view involvement of question as to whether petitioner can be said to be in conscious possession of contraband recovered, non applicability of..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - When there are several reports from prosecution side by way of supplementary report u/s 173(8) Cr.P.C, all these reports need to be taken into consideration by trial Court which include framing of charge...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Earlier report filed from prosecution side, which holds accused prima facie guilty, cannot be ignored unless further investigation is directed to be made by higher Court such as High Court and Supreme Court to that effect...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Supplementary report - Offence u/ss 13(1)(e), 13(2) of P.C Act - There being two reports on record one exonerating accused while other being inculpatory report against him - In such situation, which of two reports should be relied upon is subject matter of evidence - It would be appropriate to frame..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of final report - When allegations against accused in final report filed by police contain ingredients of offences alleged against him and when prosecution has produced materials to prove such allegations, final report cannot be quashed by invoking power of High Court u/s 482 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 27A, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of poppy husk - Recovery effected from accused and petitioner was indicted later on - Charges were framed on 12.9.2019, but no witness is examined so far - Trial of case is likely to consume considerable time as prosecution has to examine its..........
Criminal Procedure Code, 1973, Section 378 -- Appeal against acquittal - Merely because two views are possible, Court of appeal would not take view which would upset judgment delivered by Court below...........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 295A, 296, 323, 336 -- Quashing of FIR - Offence u/ss 295-A, 296, 323, 336 IPC - Stones, chili powder and dirty water thrown on a procession of persons of Muslim community - No evidence regarding involvement of petitioner in commission of crime available on record because petitioner is not named..........
