Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 409, 420, 447, 120B, Prevention of Corruption Act, 1988, Section 13(2), 13(1)(d), Mines and Minerals (Regulation and Development) Act, 1957, Section 21, 23, 4(1), 4(1)(A) -- Quashing of FIR - Offence u/ss 379, 409, 420, 447, 120-B IPC, Ss.13(2), 13(1)(d) of 1988 Act and Ss.21, 23, 4(1),..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for completing investigation - Application seeking extension of time is required to be supported by report of Public Prosecutor and not I.O...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(c) -- Default bail - Offence u/s 22 of NDPS Act - Application seeking extension of time for completing investigation is filed by prosecution - However, said application on basis of report prepared by I.O cannot be considered as compliance of requirement..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Contraband - Quantity seized less than commercial - S.36-A(4) not attracted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(B), 20(b)(ii)(C) -- Recovery of 20 kgs Ganja - Nature of offence - Quantity recovered is 20 kgs, which cannot be said as commercial quantity - Conviction of accused u/s 20(b)(ii)(C) of the Act is not sustainable instead he can be convicted only for offence punishable u/s 20(b)(ii)(B) of the Act - Since..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Criminal Procedure Code, 1973, Section 439 -- Recovery of 815 intoxicant tablets - Bail - Petitioner is first offender and he is in custody for last 7 months and 11 days - He is not involved in any other case - Custodial interrogation of petitioner is not required and conclusion of trial will take some time..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 29, 37 -- Bail - On parity basis - Recovery of 61,000 bottles of 100 ml each of Phensedyl syrup containing codeine Phosphate - Commercial quantity recovered from accused - While granting bail to co-accused neither any reason has been recorded nor provision of S.37..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Contraband - Recovery nearer to commercial quantity - Whether a case is made out or not for convicting accused is an issue which is to be considered and decided by trial Court/Magistrate/Special Judge after evaluating of material placed on record -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Bail - Recovery of 950 gms charas - Accused is not having any criminal history - Keeping in view facts and circumstances of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any..........
