Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Conditions specified in S.82(2) Cr.P.C for publication of a proclamation against an absconder are mandatory - Any non-compliance therewith cannot be cured as an irregularity and renders the proclamation as nullity...........
Criminal Procedure Code, 1973, Section 82 -- Proclaimed offender - Sole purpose of issuance of non-bailable warrants or issuance of proclamation is to secure presence of accused before trial Court - Since accused have themselves come forward and have undertaken to appear before trial Court on each and every date, order declaring accused as proclaimed offender set aside...........
Criminal Procedure Code, 1973, Section 70 -- Non-bailable warrant (NBW) - Presence of accused need not be insisted upon during proceedings for recall of NBW...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Long custody - Recovery of huge quantity of intoxicating tablets - Accused is in custody for more than 3 years and 4 months - 11 PWs out of 19 are yet to be examined - Trial has not even reached halfway mark - Bail granted to accused solely on..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bars for more than one year - Investigation is complete - Final report u/s 173 Cr.P.C. already presented and trial of case would take long time to conclude - Accused is not involved in any other case and there is..........
Criminal Procedure Code, 1973, Section 438 -- Interim bail - Accused released on interim bail - Accused is deemed to be in constructive custody of Court in seisin...........
Criminal Procedure Code, 1973, Section 482 -- In the face of express remedy, power u/s 482 Cr.P.C. not to be exercised...........
Criminal Procedure Code, 1973, Section 82 -- Proclamation - Proclamation issued by trial Court without recording reasons of its belief that petitioner has absconded or is concealing himself - Non-recording of satisfaction itself makes such order suffering from incurable illegality which renders the proclamation and proceedings subsequent thereto a nullity - Order of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c), 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is a chemist by profession and having a valid licence for sale, transport and possession of scheduled narcotic drugs - Investigating agency has verified his licence from concerned quarters - Accused is behind the bars since..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Cheating - Execution of Power of attorney on receipt of Rs.12 Lakhs as consideration - Revocation or cancellation of power of attorney - Whether power of attorney was revoked or cancelled with bona fide intention or with mala fide intention to cheat the agent who had paid part sale..........
