Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(b), 18 -- Illegal cultivation of opium-poppy plants - There is no evidence of safe custody of seized muddemal - It cannot be said that prosecution has ruled out possibility of sample parcels having not been tampered with by anybody till it reached hands of chemical analyser - This circumstance makes..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 177, 181, 193, 200, 120B -- Third bail application - Cheating - Application for bail filed after police submitted second closure report - No offence has been committed by appellant as per second closure report - Merely because trial Court was yet to accept said report, High Court ought not to..........
Army Act, 1950, Section 69 -- Court martial - Murder - Accused shot deceased while he was sleeping - After incident, accused immediately came out of tent, surrendered himself and gave an explanation that he had fired rifle under a delusion that there was a terrorist attack - Conduct and behavior of accused in jail is excellent - Accused actually served sentence of 16 years..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 20.02 gms heroin - Quantity of drug involved is less than Commercial quantity but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in judicial custody since 2019 - Investigation is almost..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 186, 353, 427, 148, 149, 379, 506, Mines and Minerals (Regulation and Development) Act, 1957, Section 21 -- Bail - Offence u/ss 307, 186, 353, 427, 148, 149, 379, 506 IPC and S.21 of 1957 Act - Petitioner is not named in FIR - No specific part in the form of causing injury to any of public..........
Public Meeting - - For condemning recent amendments made to citizenship law - Permissibility - Site chosen by petitioner is usual place where meetings are organized - Petitioner's counsel states that meeting will be conducted in such a manner that general flow of traffic is not affected - Decibel levels of amplifier will not exceed permissible limits - Speakers will not..........
Evidence Act, 1872, Section 115 -- Estoppel - Petition for divorce, return of her gold ornaments and custody of children withdrawn by wife as she entered into settlement agreement with husband - In settlement agreement wife has not made any representation to the effect that she has relinquished all her claims against husband and she will not file a fresh petition with same..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22 -- Bail - Recovery of 180 capsules containing Tramadol Hydrochloride - Petitioner is a old lady of 63 years of age - She is neither in a position to tamper with prosecution evidence nor in a position to flee from justice, as she is resident of place - Custody of..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 10, 12, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 75, 82, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3 -- Bail - 24 girls cited as victims of inappropriate behaviour by teachers - However, only one..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20 -- Bail - Recovery of 330 kg Ganja Patti - Conscious possession of contraband viz-a-viz title of land from where it was recovered would remain debatable - It would also be debatable as to whether recovery of Ganja would fall at par with Charas - Trial of case may..........
