Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 42, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Unauthorized search - However, as per the charge sheet, the search and arrest of the accused was undertaken in the presence and under instruction of SI and by J, who holds the rank of women head constable - Arrest and search of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, 50, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Non-compliance of S.50 NDPS - As per record, heroin was recovered from the residence of the accused and not her person - S.50 NDPS only applies in the case of search of the person of suspect, pursuant to the apprehension of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Recovery of 30 grams of heroin - Bail - The name of the accused surfaced during further investigation, particularly through the disclosure statement made by the co-accused, from whom 300 grams of heroin were recovered - Further CDRs on record..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 25, 29, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Medical ground - Medical report on record does not indicate an immediate life-threatening condition or incapacity to be treated within jail premises - Bail declined...........
Indian Penal Code, 1860, Section 304B, 498A, 34, Criminal Procedure Code, 1973, Section 227 -- Offence u/Ss.304B, 498A, 34 IPC - Discharge - Post-mortem report on record suggested that deceased died due to pneumonia - Further, complainant failed to provide any specific incident of harassment of deceased and any date or proof of giving money to accused - Moreover,..........
Criminal Procedure Code, 1973, Section 2(d), Protection of Women From Domestic Violence Rules, 2006, Rule 2(b) -- Complaint - Police report submitted after investigation under PWDV Act cannot be treated as a `complaint' for the purpose of taking cognizance under PWDV Act...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Mere fact that case is based on circumstantial evidence or that petitioner has lost faith in local police by itself, cannot constitute sufficient ground for such transfer...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Transfer of investigation from local police to independent agency i.e. CBI is to be exercised sparingly and only when there exist convincing circumstances indicating that police is unable to conduct a fair investigation...........
Criminal Procedure Code, 1973, Section 482 -- Transfer of investigation to CBI - Nothing on record to indicate that investigation has been carried out in violation of legal principles or that material evidence is being deliberately withheld or ignored - Merely because case put forth by petitioner has not been found to be true by Police, cannot be considered a cause, good..........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, Criminal Procedure Code, 1973, Section 482 -- Cruelty - Matrimonial offence - Settlement - Quashing of proceedings - Once marital relationship has ended in divorce and parties have moved on in their lives individually, continuation of criminal proceedings against family members, especially in absence of specific and..........
