Criminal Procedure Code, 1973, Section 233 -- Defence evidence - Adversarial system confer accused with indefeasible right to cross-examine PWs and let in defence evidence...........
Criminal Procedure Code, 1973, Section 233 -- Summoning of defence witnesses - Request for summoning witnesses made by accused immediately after their examination u/s 313 Cr.P.C - There was thus, no delay on part of accused - Witnesses sought to be produced are not unnecessary witnesses - Application allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 465, 467, 468, 471, 120B -- Bail - Cheating - No specific overt act of making any fraudulent representation to complainant is attributed to petitioners - Co-accused already granted bail - Trial of case is likely to take long time due to COVID-19 Pandemic - Keeping in view facts and..........
Criminal Procedure Code, 1973, Section 173(8) -- Supplementary charge sheet - Charge sheet was initially filed against co-accused and subsequent charge sheets have been filed against petitioners and other co-accused - Filing of supplementary charge sheets by police leads to delay in trial as clubbing of such supplementary charge sheets with main charge sheet filed earlier..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Limiting protection for a period of one month - Limiting such protection for a period of one month negates the purpose behind the order - Order extended till the time petitioners are to be arrested after registration of a case...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 18, 61 -- Bail - Recovery of 120 kg poppy husk and 1 kg opium - Recovery effected from Truck of which accused was conductor - Whether contraband recovered was put in truck with knowledge of accused or same could be considered to be recovery from accused's person..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67 -- Bail - Petitioner nominated as an accused on disclosure statement of co-accused - Complicity of petitioner will have to be determined by quality of evidence led during trial - As regarding self incriminatory statement of petitioner himself, since he is in custody..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 22, 29 -- Bail - Contraband - Investigation in the matter is complete - Challan stands presented - No useful purpose would be served in keeping petitioner behind bars - Bail allowed...........
Criminal Procedure Code, 1973, Section 452, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 60 -- Release of seized vehicle - Vehicle involved in NDPS case - Notice issued to petitioner to show cause against proposed confiscation - But, trial Court failed to conduct any enquiry into relevant aspects as contemplated u/s 60(3) and S.63 First Proviso of NDPS Act..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 400 Tredol-100 Tramadol-Hydrochloride Tables - 100 MG tablets - Recovery made from polythene bag/envelope allegedly thrown on road side by petitioner - Case involves debatable question as to whether petitioner can be said to be in conscious..........
