Criminal Procedure Code, 1973, Section 145, 146 -- Proceedings u/ss 145, 146 Cr.P.C - Once the factum of possession and right to possess both have been adjudicated upon by appropriate civil Court, question of initiation of proceedings u/s 145, 146 Cr.P.C does not arise...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - A person who has committed an offence is not entitled to grant of discretionary jurisdiction of anticipatory bail unless it is shown that accused is falsely implicated or is entitled for protection of liberty...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, 409 -- Anticipatory bail - Offence u/ss 408, 409 IPC - Material available during investigation as per FIR/complaint would show that offence is made out against accused - Nature and gravity of offence and role played by accused disentitle accused to grant of anticipatory bail - Accused has..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Bail - Contraband - Accused is behind the bars in this case since 14.05.2024 - He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between accused and co-accused - Neither..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Accused is a habitual offender and is involved in six more cases - He has also been convicted in two cases under NDPS Act - Mere fact that quantity involved is a non-commercial quantity would not necessarily mean that accused has right to..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22 -- Bail - Contraband - Petitioner has undergone a substantial period of custody - Rigors of S.37 of NDPS Act, can be diluted to an extent in view of salutary provision of the Art.21 of Constitution - Moreover, co-accused has been granted concession of bail -..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cancellation of anticipatory bail - Cheating - Forged documents - Veracity and authenticity of documents alleged to be forged were to be ascertained by I.O. - Charges were framed against accused - Custodial interrogation of accused not required - Anticipatory bail..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21B, 29 -- Bail - Contraband - Petitioner is behind the bars since 1 year 2 months and 12 days - trial of case is likely to take long time to conclude as out of total 17 PWs, none has been examined so far - Further incarceration of petitioner without there being the..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25 -- Bail - Contraband - Recovery of 2 kg heroin, one 30 bore pistol made in China, 2 magazines and 12 live cartridges came to be effected on the basis of secret information - Petitioner and co-accused have been duly named in the FIR -..........
Criminal Procedure Code, 1973, Section 438, Mines and Minerals (Development and Regulation) Act, 1957, Section 21(1), 21(4) -- Anticipatory bail - Offence u/ss 21(1), 21(4) of Mines and Mineral Act - Offending tractor trolley was seized with illegal stone dust - Same was being driven by son of petitioner - It was the petitioner who directed his son to dump the stone dust..........