Criminal Procedure Code, 1973, Section 439, 167 -- Bail - Deemed custody - Custody of accused in one crime is deemed to be custody in other crime in which neither Prisoner Transit Warrant nor remand report is filed, for the purpose of extending benefit of S.439 Cr.P.C - However, deemed custody cannot be considered u/s 167 Cr.P.C, as presence of accused is necessary for the..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(ii)(c), Criminal Procedure Code, 1973, Section 100(4) -- Recovery of charas - Non-compliance of S.100(4) Cr.P.C - Second independent witness was present on the date to depose but examined on another date on objection from defence side - Witness did not appear subsequently as won over by accused - No material..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 313 -- Contraband - Statement of accused u/s 313 Cr.P.C. - Specific question regarding conscious possession not put to accused - Unless a specific question is raised, presumption u/s 35 or S.54 of the Act cannot be used against accused - Prosecution failed to prove that..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Family dispute between parties regarding Will in question - Proceedings being personal in nature between close relatives is nothing but wastage of precious time of Court - Proceedings quashed...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22C, Drugs and Cosmetics Act, 1940, Section 18A, 18C -- Bail - Offence u/s 22-C NDPS Act and Ss.18-A, 18-C Drugs and Cosmetics Act - Recovery of cough syrup and psychotropic tablets - Petitioner not arrested from spot and he has been implicated only on account of..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Evidence of complainant by way of affidavit - Cross examination of complainant - Permissible only when accused makes an application by pointing out on what point he wants to cross examine the witness(es) and then only Court shall recall the witness by..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251, 482 -- Dishonour of cheque - Quashing of proceedings - Notice u/s 251 Cr.P.C already framed against accused and she pleaded not guilty and claimed trial - Application filed by accused u/s 145(2) of N.I Act allowed - Authorized representative of complainant already..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 323, 324, 506, 34 -- Quashing of proceedings - Compromise - Offence u/ss 323, 324, 506, 34 IPC - Landlord-tenant dispute - Matter was settled in compromise between parties in presence of injured persons - Sum of Rs.25 lakhs was paid by accused - Landlord-tenant dispute between parties stood..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2002, Section 3, 4 -- Bail - Offence u/ss 3, 4 of the Act - Where accused himself appears, he should normally be released on bail - In the instant case, petitioner appeared before Court in response to summons and cooperated with investigation - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302, 506, 148, 149, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 302, 506, 148, 149 IPC and S.25 Arms Act - No purpose would be served by holding the trial because role of petitioner is identical to role of acquitted accused - However, it cannot be denied that petitioner is..........
