Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 61 -- Anticipatory bail - Recovery of 1 quintal 60 Kgs poppy husk - Recovery effected from co-accused - Co-accused specifically named petitioner as person who supplied contraband to him - No evidence on record to show that petitioner has no connection with..........
Criminal Procedure Code, 1973, Section 154 -- Second FIR - Re-registration of FIR is only procedural act to initiate investigation and trial under the particular act - Re-registration of FIR thus, neither barred nor can be held it as a second FIR...........
Criminal Procedure Code, 1973, Section 167(2), 309 -- Remand - Power of remand in terms of Ss.167(2) and S.309(2) Cr.P.C can be exercised in following circumstances: (i) accused can be remanded u/s 167(2) Cr.P.C during investigation till cognizance has not been taken by Court; (ii) that even after taking cognizance when an accused is subsequently arrested during further..........
Criminal Procedure Code, 1973, Section 173(8), National Investigation Agency Act, 2008, Section 6(6) -- Further investigation - Addition of serious offences when accused is on bail - New offences under Unlawful Activities Act were added against accused - Central Government order issued in exercise of its power u/s 6(5) of the Act, by entrusting investigation to National..........
Criminal Procedure Code, 1973, Section 216 -- Alteration of charge from S.306 IPC to S.302 IPC - Alteration has completely changed nature of case set up by prosecution - It is not a case where evidence emerged suddenly during course of trial, but version of PW1 from beginning alleged forcible administration of poison to victim, however, during investigation it was found..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Grant of bail on condition to pay Rs.70 lakhs - Death of 7 pilgrims and 10 injured in festival - Accident took place on suffocation due to congestion and rush - Petitioner was not even named in FIR - From averments of FIR, it does not appear that petitioner was responsible for death - Even otherwise, it does not appear..........
Criminal Procedure Code, 1973, Section 2(d), 156(3) -- Complaint to Magistrate with allegations constituting an offence - Only relief sought to forward complaint to police for investigation - Amounts to complaint u/s 2(d) Cr.P.C. and is maintainable...........
Criminal Procedure Code, 1973, Section 156(3) -- Complaint u/s 156(3) Cr.P.C. - Petitioner is a physically disabled person - Merely on this basis she cannot insist that complaint by her be forwarded to police for investigation...........
Indian Penal Code, 1860, Section 376, 328, 120B, 34 -- Rape - Allegation that husband of prosecutrix used to give her sedatives and permit accused to make physical relationship with her - Incident occurred when prosecutrix discovered accused lying beside her after she regained consciousness - However, no explanation given by prosecutrix as to why complaint was lodged after..........
Narcotic Drugs and Psychotropic Substances Act, 1985 -- Case under NDPS Act - Faulty investigation - Accused get bail and ultimately also earn acquittal due to faulty investigation - Guidelines issued - Director General Police, Punjab, Haryana and Chandigarh directed to prepare PDF File of (i) mandatory guidelines; (ii) directory checklist and to circulate to all I.O's who..........
