Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(b), 29 -- Default bail - Extension of time - Application for extension of time not in terms of mandate of proviso to S.36-A(4) of the Act as such same cannot be allowed - Default bail granted...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Default bail - Contraband - Charge sheet filed without FSL report within time period as per law - Non-filing of FSL report with charge sheet does not fall within the realms of S.173(2) of Cr.P.C. - Moreso, amount of quantity recovered from accused is of..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet not filed within stipulated period of 60 days - Charge sheet filed on the same day on which application for default bail was filed - Impugned order shows that charge sheet was filed at 4.00 p.m. - Thus indisputably, charge sheet was not filed before filing of default bail application - Accused is..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet and application for default bail filed on the same day - However, charge sheet was filed before filing of application for default bail - Accused's right of default bail is thus, extinguished - Application for default bail rightly rejected...........
Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 406, 409, 420, 34 -- Default bail - Charge sheet not filed within 60 days - Right accrued for default bail cannot be defeated by mere invocation of S.409 IPC claiming that period of completion of investigation and filing of charge sheet is 90 days - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Date on which accused was remanded to judicial custody has to be excluded from calculation of statutory period as prescribed u/s 167(2) Cr.P.C...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21(c), 29 -- Default bail - Day of initial remand of accused to be excluded from statutory period - Prayer of extension allowed on 180th day - Unless statutory period of 180 days is completed, no right of default bail accrues in favour of accused - Bail..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Irrespective of any date mentioned regarding preparation of charge-sheet, date of its submission before Court is only relevant for the purpose of default bail u/s 167(2) Cr.P.C...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 20(b)(ii)(C), Criminal Procedure Code, 1973, Section 167(2) -- Recovery of 52 kg 850 gms Ganja - Default bail - Accused have not been informed of their right of default bail on expiry of period of 180 days nor have they been informed of such right while taking cognizance upon charge sheet filed by..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Falsity of accusation, delay in lodging FIR or plea of alibi, are not germane to adjudication of application seeking grant of default bail...........
