Criminal Procedure Code, 1973, Section 167 -- Police remand of an accused who is on anticipatory bail - Accused trying to avoid his interrogation - Accused not co-operating with the investigation - Presence of accused necessary for further investigation into the matter - Accused to appear before I.O. for the purpose of interrogation and in case interrogation is not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act creates an offence and prescribes punishment - Procedure for investigation of offence is not contemplated...........
Indian Penal Code, 1860, Section 489C -- Fake currency notes - Accused was in possession of 4 bundles containing 100 numbers of currency notes of Rs.1000 each amounting to 4 lakhs suspected to be fake and recovered from carry bag carried by accused - Though there are some discrepancies between evidence of PW1 in Court and FIR with regard to number of fake currency notes..........
Criminal Procedure Code, 1973, Section 482 -- Quashing of FIR - Allegations in FIR is matter of investigation - Finding in respect thereof cannot be recorded at this stage - FIR cannot be quashed...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 90.5 gms heroin - Quantity recovered is less than commercial quantity as per notification applicable but greater than small quantity - Rigors of S.37 of NDPS Act thus, not applicable - Petitioner is in custody since Mar 2019, he is a Nigerian..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 120B, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Anticipatory bail - Cheating - Petitioner joined investigation and nothing remains to be recovered - Custodial interrogation of petitioner is not required - Petitioner has carved out a case for himself - Bail allowed with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 323, 294(b), 34, 114 -- Bail - Murder case - Accused is in jail since Oct 2018 - Investigation is concluded and charge sheet is filed - Allegation leveled against accused are almost similar to that of co-accused, who has been enlarged on bail - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 482 -- Irregularity in investigation - If cognizance is taken on a Police Report vitiated by breach of a mandatory provision relating to investigation, there can be no doubt that result of trial cannot be set aside unless illegality in investigation has resulted in miscarriage of justice...........
Constitution of India, 1950, Article 137, Indian Penal Code, 1860, Section 376(2)(g), 120B, 377, 307, 397, 395, 302, 201, 412, Supreme Court Rules, 1966, Order 47, Rule 1 - - Review - Rape case - Death sentence - General contentions against capital punishment made by petitioner, which cannot be gone into in the review petition - Each and every ground assailing course of..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c) -- Recovery of 60 kg Ganja - Credibility of two official witnesses whom prosecution relies does not inspire confidence - Such doubtful and untrustworthy testimonies cast shadow about presence of two accused at the time of detection particularly when another case was detected after one hour and..........
