Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 8A, 20(b), 21, 22, 27A, 27B, 28, 29, Criminal Procedure Code, 1973, Section 439(2) -- Drug trafficking - Cancellation of bail - Specific allegations were leveled against A-2 regarding recovery of substantial commercial quantities of drugs from a rented accommodation occupied by him pursuant to which he was..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Investigation made so far reveals that complaint is motivated - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 340 -- Perjury - Informant of murder case not supported prosecution case - High Court acquitted all the accused - However, having regard to facts and circumstances of case and bearing in mind that there were two deaths in the incident which has not been proved beyond reasonable doubt, impugned order of directing trial Court to..........
Criminal Procedure Code, 1973, Section 374, 386, Indian Penal Code, 1860, Section 302 -- Appeal against conviction - Murder - Dismissal of first appeal in four lines in general terms, cannot be dealt within this fashion - Impugned order set aside - Matter remitted for consideration afresh by High Court...........
Criminal Procedure Code, 1973, Section 227 -- Discharge - Discrepancies between FIR and any subsequent statement u/s 164 Cr.P.C may be a defence, but not a ground for discharge without initiation of trial...........
Criminal Procedure Code, 1973, Section 438, Prevention of Money Laundering Act, 2002, Section 45 -- Anticipatory bail - Money laundering - Once prayer for anticipatory bail is made in connection with offence under PMLA Act, underlying principles and rigors of S.45 of PMLA Act must get triggered, although application is u/s 438 Cr.P.C - Since High Court not touched upon..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Elaborate reasons may not be assigned for grant of bail, at the same time an order de hors reasoning or bereft of relevant reasons cannot result in grant of bail - It would be only a non-speaking order which is an instance of violation of principles of natural justice - In such a case, prosecution or informant has a..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering an application for grant of bail, a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record...........
Criminal Procedure Code, 1973, Section 439 -- Bail - There cannot be elaborate details recorded to give an impression that case is one that would result in conviction or by contrast in an acquittal while passing an order on an application for grant of bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 341, 34, Arms Act, 1959, Section 27 -- Bail - Attempt to murder - Offences alleged against accused are serious in nature - There is history of enmity between parties - Accused has been named in eight cases and thus, he has criminal antecedents - Accused had absconded for a period of seven..........
