Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 27A, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of 3.300 kg heroin - Bail - High Court while granting bail to accused overlooked crucial requirements and glossed over the circumstances which were material to issue as to whether a case for grant of bail was established - In failing to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 307 -- Quashing of FIR - Compromise - Attempt to murder - Victim was attacked with a dangerous weapon i.e a knife - Injuries are such which would have caused death in ordinary circumstances - FIR cannot be quashed solely on the ground that parties have entered into a compromise - Petition for..........
Criminal Procedure Code, 1973, Section 482 -- Application u/s 482 Cr.P.C - Availability of alternative remedy u/s 397 Cr.P.C by itself cannot be a ground to dismiss application u/s 482 Cr.P.C - Application u/s 482 Cr.P.C is thus, maintainable, even without exhausting remedy u/s 397 Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of heroin - Bail - Accused have been in custody for last 1 year 6 months and 23 days respectively - Challan has already been presented - There are as many as 25 witnesses out of which only one witness has been examined - Trial of case is likely..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Quashing of - Both the complaints are by very same complainant which pertains to same incident and same time and date of incident - Complainant cannot be permitted to improve on earlier complaint and as an afterthought bring in other offences in second complaint becoming a second FIR on sameness - Second FIR held,..........
Indian Penal Code, 1860, Section 306, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v), Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Quashing of proceedings - Deceased was in love with accused - There is no other material to show that accused was maintaining any relation with deceased - Merely because..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted with condition to cancel registered sale deed executed by accused and return the money received from complainant - Said condition set aside as it adversely affects the rights of parties to the registered documents which can be adjudicated upon by a Civil Court only and registered sale deed cannot be..........
Criminal Procedure Code, 1973, Section 161 -- Inconsistency between statement recorded u/s 161 Cr.P.C and evidence in Court - If statement before police officer and statement in Court are so inconsistent or irreconcilable with each other that both of them cannot co-exist, it can be stated that one contradicts the other...........
Criminal Procedure Code, 1973, Section 162, Evidence Act, 1872, Section 145 -- Previous statements of a witness - It is the right of every accused in a criminal trial to make use of previous statements of a witness including statements recorded by investigating agency during course of investigation for purpose of establishing contradiction in evidence or to discredit the..........
Criminal Procedure Code, 1973, Section 233(3), 91, 162, Evidence Act, 1872, Section 145 -- Summoning of enquiry officer - For producing statements recorded by enquiry officer for purpose of contradicting and impeaching some of PWs - No further investigation was conducted by Enquiry Officer - It was only a formal enquiry conducted by Enquiry Officer on feasibility of..........
