Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Offence under NDPS Act - Grant of bail when an accused is charged with specific offences under NDPS Act is impaired and circumscribed by rigorous negative pre-conditions enumerated in S.37 of NDPS Act - Stipulations in S.37 of NDPS Act are negative,..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 93.900 kg cannabis - Bail - Secret information - Accused found involved in illicit trade of NDPS - Due compliance of provision of S.42 of the Act made out - Independent witnesses joined the search and seizure process - Twin tests as enumerated in S.37..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Offence u/s 20 NDPS Act - Recovery of 31 kgs of bhang - As bhang is excluded from operation of NDPS Act, therefore, bhang is not a narcotic and as such prohibition engrafted in S.8 NDPS Act cannot apply to possession or sell or purchase of bhang -..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 65, 3, 4, 45 -- Bail - Dismissal of application - On the ground of no, compliance of S.45 PML Act - Being provisions of S.45 PML Act not mandatory in nature, matter remitted to Session Judge for deciding the case on merits...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 417, 420 -- Anticipatory bail - Rape and cheating - Contents of FIR and statement of victim shows that accused lured her, promised to marry and enjoyed her sexually, but for that she could not have consented - It is thus, an offence of rape u/s 375 IPC, as no free consent as contemplated by..........
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 12, Indian Penal Code, 1860, Section 120B -- Anticipatory bail - Illegal gratification - Petitioner per se is not a public servant and is not alleged to have received any illegal gratification - Rather, petitioner alleged to have been part of a conspiracy with conversations..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 498A, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Bail - Cruelty - Dowry demand - Petitioner returned 22 dowry articles - Grandfather and sister of petitioner discharged by Trial Court and mother of petitioner also acquitted after trial - Without commenting on merits of case and keeping..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(l), 6, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75 -- Pre arrest bail - Offence u/ss 363, 376 IPC, Protection of Children from Sexual Offences Act, 2012, Ss.5(l), 6, Juvenile Justice (Care and..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Granted - Bail bond not accepted as caste of accused was wrongly mentioned in the order - An individual is not to be identified by his caste but by his parentage - In future in the bail applications caste of accused shall not be mentioned - Police also shall not mention caste of an individual in the arrest memo as..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21(C), 23(C), 29, 67, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 3.2 kg cocaine - Petitioner apprehended not solely on the statement of co-accused but also arrested as part of search and seizure operation from one of places which was disclosed by co-accused during operation - Not only..........
