Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 10, 13, 17, 38(1)(2), 40, 22A, 22C, Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005, Section 8(2), (3), (5), Indian Penal Code, 1860, Section 201, 149, 120B, 34 -- Bail - Offences u/ss 10, 13, 17, 38(1)(2), 40, 22-A, 22-C of 1967 Act, S.8(2), (3), (5) of 2005 Adhiniyam and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36 -- Bail - Contraband - FSL report was issued after almost 130 days of receipt of samples and upon analysis, `methamphetamine' was detected - Contraband weighing 24.75 grams was recovered from petitioner whereas commercial quantity of `methamphetamine'..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 64(1), 329(3), 351(2), 75, 324(3) -- Bail - Rape - Charges have not yet been framed - Investigation of case is complete - No purpose will be served for accused to be kept in custody - In fact accused is at liberty to be allowed to make effective defence of his case at the trial -..........
Prevention of Money Laundering Act, 2002, Section 44 -- Offence u/s 44 of the Act - Appellant is in custody from 8.8..2024 - Order taking cognizance has been set aside by High Court and a fresh application for taking cognizance is yet to be heard by special Court - Custody of appellant cannot be continued - Direction issued that appellant be produced before Special Court..........
Indian Penal Code, 1860, Section 363, 366, 366A, 376 -- (before amendment), Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, S.3(2)(5) - Abduction and rape - Prosecution has not been able to prove age of victim as 15 years, rather, it has been established from medical evidence as well as statement of mother of victim that she being more than 16..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 109(1), 109(3) -- Bail - Attempt to murder - Petitioner has undergone 5 months and 12 days of custody - Investigation is complete, challan stand presented, charges have been framed and out of total 17 PWs none have been examined so far - Conclusion of trial shall take considerable..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 25, 29 -- Bail - Contraband - Petitioner was not named in FIR and is sought to be implicated solely on the basis of disclosure statement of co-accused - No recovery effected from petitioner even after such disclosure statement and arrest of petitioner -..........
Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9(l)(m)(n), 10 -- Claim of sexual assault - When the husband and wife are in loggerheads and one among them sues for custody of a minor child, there are instances whereby the other spouse who is not ready to part with the custody of the minor used to fabricate facts to implicate the other spouse in POCSO..........
Custody of child -- Claimed by father - Mother of child died and child is residing in the house of maternal grandfather - Child after his birth was with his parents for about 10 years till the death of his mother - He was separated from the father in 2021 - Grandparents cannot have a better claim than the father, who is a natural guardian - There is no allegation of any..........
Indian Penal Code, 1860, Section 457, 436, 120B -- Offence u/ss 457, 436, 120-B IPC - Reduction of sentence - Respondents were sentenced to 4 years along with fine of Rs.5,000 each - Conviction of accused is maintained - However, keeping in of post conviction conduct of accused, it is appropriate to reduce their sentence to custody already undergone by them...........
