Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Poppy husk - Recovery of 70 Kgs. - Accused is in judicial custody for one year - Bail granted...........
Criminal Procedure Code, 1973, Section 482, 164, 161, Indian Penal Code, 1860, Section 363, 366 -- Kidnapping of girl - Order letting victim to freely go to place of her choice - Quashing of - Magistrate passed said order on basis of statement of victim recorded u/s.164 Cr.P.C against very object of S.164 Cr.P.C. - Magistrate recorded statement within 15 days of her..........
Criminal Procedure Code, 1973, Section 397, 401, 451 -- Mini bus - Release on `Supurdgi' - Financier is vitally interested in recovering the due amount whereas respondent No.2 has not bothered to take vehicle on `Supurdgi' - Financier can approach trial Court and apply for custody of vehicle...........
Criminal Procedure Code, 1973, Section 439 -- Bail - A person accused of an offence when personally attends the Court and applies for bail, he subjects himself to the control of the Court - In such case Court can consider his application for bail treating him as a person `in custody' for the purpose of granting bail...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 468, 420 -- Bail - Second application - While rejecting the previous bail application filed by petitioner, High Court has categorically come to the conclusion that there is a prima face case, reasonable apprehension of tampering with prosecution witnesses as well chance of absconding of..........
Criminal Procedure Code, 1973, Section 197 -- Public servant - Sanction for prosecution - Inflicting injuries by police officials during investigation - Law does not permit use of third-degree methods or torture of accused in custody during interrogation and investigation with a view to solve the crime - Injuries suffered cannot be termed to have been caused during the..........
Criminal Procedure Code, 1973, Section 451, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Supardari - Seizure of scooter with contraband - Confiscation proceedings not started - Scooter lying in malkhana for over a period of six months and it will get damaged if it is lying unattended - Petitioner can be asked to give an undertaking to keep the..........
Hindu Minority and Guardianship Act, 1956, Section 6A -- Minor - Custody - Habeas Corpus petition - Custody of minor below 5 years should ordinarily be with mother - Word `ordinarily' does not mean `necessarily' - Mother herself left house of husband after one month of birth of child - Detention of child by father is neither illegal nor could it be said to be without any..........
Hindu Minority and Guardianship Act, 1956, Section 6, Constitution of India, 1950, Article 226 -- Habeas Corpus Petition - Mother of a minor child aged one and half years took away child forcibly - Husband filed Habeas Corpus Petition - Held, infant child ordinarily should be in the custody of the mother - Whether such custody is congenial for her welfare cannot be decided..........
Indian Penal Code, 1860, Section 161, Prevention of Corruption Act, 1988, Section 7(2) -- Illegal gratification - Conviction - Sentence - Incident seven years old - Accused suffered custody for six months - Minimum sentence prescribed six months - Period of sentence reduced to period already undergone...........
