Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, Criminal Procedure Code, 1973, Section 439 -- Contraband - Bail - Accused is behind the bars since 2022 i.e for past almost 2 years - Out of total 14 PWs only 4 have been examined so far - Conclusion of trial may take long time - Accused is not involved in any other case of similar nature - Accused has been..........
Criminal Procedure Code, 1973, Section 202 -- Issuance of process - Complaint filed in the year 2004 - Provision of S.202 Cr.P.C introduced in the year 2006 - Mandatory requirement of postponing issue of process because accused was residing at a place beyond area where Magistrate exercises his jurisdiction was not applicable when complaint was filed in 2004...........
Criminal Procedure Code, 1973, Section 200 -- Summoning of accused - For issuing the order of summoning Magistrate could not have relied upon same material which was before him when he passed the order calling for report u/s 202 Cr.P.C - The reason is that Magistrate was not satisfied that material was sufficient to pass summoning order - Order issuing process has drastic..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420, 406, 467, 468, 472, 120B, Essential Commodities Act, 1955, Section 13 -- Quashing of complaint - Cheating - Entire dispute is of a civil nature arising out of commercial transaction - No allegation that accused company was involved in any manner with transaction between A-2 and complainant -..........
Service -- No criminal case was registered or pending at the time of filing application for the post of constable - However, after five days of filing application he was embroiled in a criminal case which resulted in his acquittal - Verification report after noticing criminal case and subsequent acquittal stated that his character was good, that no complaints were found..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Default bail - Accused contended that application for extension of time of investigation from 180 days to 1 year was also filed on the same day when he applied for default bail - However, State contended that application for extension of time for..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Denial of bail on ground of pendency of other cases/convictions - In all probability would lend the accused in a situation of denial of concession of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Bail - Offence u/ss 420, 467, 468 & 471 IPC - Accused already suffered incarceration for a period of 02 years, 02 months and 21 days - Out of total 11 prosecution witnesses, none has been examined so far - Conclusion of trial will take long time - Denial of bail on ground of..........
Criminal Procedure Code, 1973, Section 125 -- Maintenance - Daughter-in-law cannot claim maintenance from her parents-in-law u/s 125 Cr.P.C...........
Criminal Procedure Code, 1973, Section 378, Limitation Act, 1963, Section 5 -- Appeal against acquittal - Condonation of delay - Delay in filing appeal against acquittal can be condoned in an application filed u/s 5 of Limitation Act...........
