Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 22, Criminal Procedure Code, 1973, Section 167(2)(a)(ii) -- Default bail - Recovery of 13 kg ganja - Quantity of ganja recovered from accused is more than small quantity but less than commercial quantity for which accused cannot be detained more than 60 days in terms of S.167(2) Cr.P.C. - Charge sheet not..........
Criminal Procedure Code, 1973, Section 133, Indian Penal Code, 1860, Section 188 -- Removing Garbage - No reason whatsoever as to why Municipal Authorities should not undertake task of removing garbage from city to make city clean and habitable for its residents - M.C., are under statutory duty and obligation to remove garbage from city - Sub Divisional Magistrate is..........
Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Accused already undergone 3 years and 15 days and earned remission of 4 months and 29 days out of his total sentence - Substantive portion of sentence already undergone by accused and appeal likely to take some time - Remaining sentence of accused suspended during pendency of..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail can ordinarily be cancelled if accused misuses liberty of bail granted to him or violates condition of bail order...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of anticipatory bail - Petitioner did not made any misrepresentation while craving anticipatory bail - He appeared before I.O for investigation and original documents have been recovered - Neither accused misused liberty of bail nor violated any condition of bail order as portrayed while challenging order..........
Criminal Procedure Code, 1973, Section 156(3), 154(3) -- Application u/s 156(3) - Lodging complaint with a superior police office u/s 154(3) Cr.P.C. is not a condition precedent before approaching Magistrate u/s 156(3) Cr.P.C. - Lodging complaint with S.P. u/s 154(3) Cr.P.C. is an alternate option and not an exclusionary one...........
Criminal Procedure Code, 1973, Section 482, 173(5) -- Quashing of proceedings - Police report - Documents do not form part of police report cannot be looked into by High Court in exercise of inherent jurisdiction to quash criminal proceeding - However, in rare cases, High Court in the interest of justice may look into unimpeachable documents of sterling quality which may..........
Criminal Procedure Code, 1973, Section 181(a), Indian Penal Code, 1860, Section 420, 408, 468, 471, 477A, 120B -- Territorial jurisdiction - Cheating - Misappropriation of company funds - Accused was required to account for alleged misappropriated properties at the head office of complainant company in Kolkata - Invocation of powers of Magistrate either u/s 156(3) Cr.P.C...........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Restoration of petition - Petition dismissed as dispute was stated to be resolved - Petition sought to be restored as disputed was not resolved - Held, Court has implied authority to restore the matter, in appropriate cases...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Jurisdiction - Transfer of complaint u/s 138 of the Act from Court `B' to Court `K' - If cheque is delivered for collection through account, the branch of bank where payee or holder in due course maintains account is situated, shall have jurisdiction to..........
