Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet - Plea that it is a preliminary charge sheet - On the basis of FIR lodged by informant, police completed the investigation and initially submitted the charge sheet and having considered the broad spectrum of conspiracy involved in the case, police continued with further investigation - Held, plea..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 17, 36(A)(4) -- Default bail - Recovery of 1 kg 277 gms opium - Contraband recovered from accused is less than commercial quantity but more than small quantity - Offence in question would be punished with R.I for a term which may extend to 10 years - Charge sheet..........
Criminal Procedure Code, 1973, Section 167 -- Remand - Judicial Officers are mandatorily required to examine the record, whereafter to record their satisfaction with regard to the need and requirement of accused to be detained and kept in custody - In the instant case remand order passed in a very casual and a perfunctory manner - Petitioner directed to be released..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Final report filed within time - As investigation entrusted to CBI as such final report set aside - Held, once investigation agency files charge sheet within prescribed period, right of accused to get default bail ceases...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Once accused is released on bail u/s 167(2) Cr.P.C, he cannot be re-arrested by cancelling bail, merely on filing of charge sheet...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within time - Charge sheet set aside as investigation entrusted to CBI - Order to entrust investigation to CBI passed by single Judge of High Court challenged and appeal there against pending before Division Bench - Held, non existence of charge sheet against accused during interregnum does..........
Criminal Procedure Code, 1973, Section 167 -- Police remand of an accused who is on anticipatory bail - Accused trying to avoid his interrogation - Accused not co-operating with the investigation - Presence of accused necessary for further investigation into the matter - Accused to appear before I.O. for the purpose of interrogation and in case interrogation is not..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Default bail - Recovery of intoxicating capsules - Report u/s 173(2) Cr.P.C filed by police before expiry of period of 180 days without FSL report, which cannot be said to be incomplete so as to grant accused default bail - More so, FIR no. was wrongly..........
Criminal Procedure Code, 1973, Section 167(2) -- Police remand - Application of mind is sine qua non at the stage of granting or refusing police custody of a person to investigating agency...........
Criminal Procedure Code, 1973, Section 167(2) -- Police remand - Magistrate authorizing remand u/s 167 Cr.P.C can only examine record to see whether there exists some material to justify remand - However, Magistrate cannot conduct a roving enquiry to test sufficiency of material at this stage for obvious reason that investigation would be at a nascent stage and police are..........
