Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, 20(b)(ii)(C), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 22 kg 200 gms ganja - Commercial quantity - Bail - Contraband recovered was entrusted to co-accused by petitioner for the purposes of sale - CDR details collected by I.O containing communication between co-accused and petitioner on..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Presentation of challan - Challan has to be presented before Court and Court alone - Merely leaving it with Ahlmad or any other functionary would not satisfy compliance of S.167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 302 -- Default bail - Juvenile in conflict with law - Murder case - Time period available to investigating agency to complete investigation in the case involving a child in conflict with law, who is alleged to have committed murder is 90 days not 60 days...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Accused filed application for default bail on 5-2-2018 at 10.00 am sharp - Challan was presented on the same day thereafter - Once accused moves an application u/s 167(2) Cr.P.C, same cannot be frustrated by subsequent filing of challan at a later stage - Accused, thus has indefeasible right of bail...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Juvenile in conflict with law - Murder case - Accused arrested on 7.11.2017 and was produced before JJ Board on 8.11.2017, wherefrom he was sent for 3 days remand - Challan was presented on 5.2.2018 - While computing the period of 90 days of custody, day on which accused remanded to judicial custody has to be..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile in conflict with law - Anticipatory bail - Jurisdiction of High Court and Court of Session - Provision u/s 12 of the Act does not take away jurisdiction of High Court and Court of Session u/s 438 Cr.P.C. even by implication as provision u/s 12 of..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 10, 12 -- Juvenile in conflict with law - Application for anticipatory bail - Maintainability - S.10 of the Act provides for apprehending child in conflict with law and not for arresting him - Hence, application u/s 438 by juvenile in conflict with law is..........
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 10, 12, Indian Penal Code, 1860, Section 307 -- Juvenile in conflict with law - Anticipatory bail - Offence u/s 307 IPC - Allegedly, role of petitioner in incident is only that he wrongfully restrained the victim - Even, petitioner was not armed with any weapon..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 2 kg 500 gms heroine - Commercial quantity - Statutory bar u/s 37 of NDPS Act is applicable - Bail not granted to petitioners...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 2.5 kgs intoxicant powder, 95 intoxicant injections without lable and without any permit or licence - Bail - No case of similar nature against petitioner - Though State contended that out of 9 witnesses, only 3 are examined, however, keeping in..........
