Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20,52,55 -- Recovery of 5 kg ganja from the bag of appellant - Non-compliance of Ss.52 & 55 of the Act - Neither delay in delivering bag at FSL has been explained nor Malkhana Register was produced in evidence - Prosecution did not establish that seized Ganja was kept in safe custody in Malkhana -..........
Criminal Procedure Code, 1973, Section 200,482 -- Complaint - Two allegations in one complaint - Permissibility of - One allegation of cruelty and demand of dowry by husband - Second allegation of taking away daughter forcefully from custody of mother - Both incidents occurred on different dates - Held, both allegations could be incorporated in a single complaint -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Offence u/ss 302, 307/34, 147, 148, 323, 325/149 IPC - CCTV footage produced before Court and perused by Court - At this stage, Court has to take prima facie view of matter rather than critical analysis and judging credibility of witnesses - CCTV footage clearly showed that both parties were in aggressive mood -..........
Criminal Procedure Code, 1973, Section 439 -- Regular Bail - Petitioner in custody for almost two years - Trial is likely to take a considerable period of time - Held, delay in conclusion of trial shall not be the only consideration for grant of benefit of bail - But at the same time, it does play a vital role in case other factors are taken cumulatively to decide as to..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Promoters of companies took loan from PICUP by flouting various companies - One of the promoters is under custody - Plea by applicant that he was not aware about identity of co-accused - Co-accused was real brother of applicant - He opened bank account in name of company - He has given his father's name in bail..........
Indian Penal Code, 1860, Section 376(2)(f) -- Rape - Minor girl - Sentence - Appellant found guilty of offence punishable u/s 376(2)(f) of IPC - Minimum sentence provided for such offence is 10 years and it may extend to imprisonment for life - Trial judge imposed 10 years substantive sentence - Prayer for reduction in sentence - Held, there was no scope for trial judge to..........
Guardians and Wards Act, 1890, Section 7, 8, Hindu Minority and Guardianship Act, 1956, Section 6, 13 -- Custody of minor children - Divorce between parties - Custody of two daughters aged 17 years and 11 years - Children living with father and categorically stating that they do not want to go with mother - Children cannot be forcibly handed over to mother as it will..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20,52,55 -- Ganja - Recovery of 8 Kg. - Officer-in-charge of malkhana and officer-in-charge of police station not examined - Prosecution did not produce anything about safe custody of seized contraband articles and the samples - In FSL report impression of seal not appeared - Sample was taken on 19.9.95 and one..........
Criminal Procedure Code, 1973, Section 41(1)(b), 41A -- Remand of accused - Accused wanted in a case punishable with less than 7 years imprisonment having no criminal antecedents - High Court directed SO not to take accused person in custody in violation of S.41(1)(b) CrPC - Application filed before Magistrate not to grant judicial remand of accused and to allow interim..........
Contempt of Court -- Anticipatory bail granted - Despite that contemnor took into custody the person who has already been released on bail by Court - Held, conduct of contemnor makes it clear that his action is in disregard to Court's order - Therefore, Court holds him guilty, as at the first instance he had not offered unconditional apology and apology offered by him in..........
