Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 23(c), Criminal Procedure Code, 1973, Section 389 -- Contraband - Conviction - Suspension of sentence during pendency of appeal - Issue of improper sampling would have to be considered at the time of adjudication of appeal - However, since the accused has also undergone a substantial period of sentence..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Condition to deposit a sum of Rs.Fifty thousand, for appearance, set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - No recovery has been effected from conscious possession of accused - Presumption u/s 54 of NDPS Act cannot be drawn - Accused does not have any pending case against him - Trial of case is not likely to be concluded at an early date - Accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Accused ready to pay - Dropping of proceedings without consent of complainant - Where an appropriate amount is offered/deposited, Court may consider dropping the proceedings by taking into consideration, objections if any, without obtaining consent of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 18, Criminal Procedure Code, 1973, Section 427, 31 -- Contraband - Concurrent running of sentences - Two sentences passed against accused arising out of single transaction - Where an accused is convicted and sentenced for several offences at one trial, Court may direct that sentences shall run..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance to wife and two children - Husband is running a garage and earning Rs.1 lakh p.m, though he denied the same but not adduced any evidence - Having taken note of cost of living and also expenses to be met to two children who are now aged about 13 years and 12 years, quantum arrived at by trial Court i.e Rs.5000/- to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Dropping of proceedings where an appropriate amount is offered/deposited, which in the opinion of Court is appropriate for duly compensating the complainant, without obtaining direct consent of complainant - Court is empowered to apply its discretion in terms..........
Criminal Procedure Code, 1973, Section 436, 437 -- Bail - Provisions of Ss.436 and 437 Cr.P.C. permit appearance before jurisdictional Court by the person accused of an offence...........
Criminal Procedure Code, 1973, Section 436, 437 -- Bail - Permission to surrender - When Cr.P.C permits a person accused of an offence to surrender before Court having jurisdiction over the subject matter, it cannot refuse permission...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Alongwith bail application accused filed surrender memo - When accused appeared before Court and moved bail application then he surrendered before Court - When accused appears before Court and applies for surrender, his prayer shall be accepted - Magistrate shall consider his plea for surrender and entitlement to bail as..........
