Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, 29 -- Bail - Contraband - Accused is behind the bars in this case since 14.05.2024 - He has been made accused on the basis of statement of co-accused and there is not an iota of evidence regarding exchange of calls between accused and co-accused - Neither..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29 -- Bail - Contraband - Accused is a habitual offender and is involved in six more cases - He has also been convicted in two cases under NDPS Act - Mere fact that quantity involved is a non-commercial quantity would not necessarily mean that accused has right to..........
Indian Penal Code, 1860, Section 294(b) -- Offence u/s 294(b) IPC - When an obscene act is committed to annoyance of others in any public place in or near any public place, offence u/s 294(b) of the Act is made out...........
Indian Penal Code, 1860, Section 376, 511, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Attempt to rape - Victim alleged the commission of rape in her statement before Court while in her statement before Magistrate no such claim was made - Medical evidence shows no external or internal injuries on the victim - Hymen of victim was found intact -..........
Civil Procedure Code, 1908, Section 34, Interest Act, 1978, Section 3(3) -- Interest - Interest upon interest or compound interest - Courts are not entitled to award interest upon interest unless specifically provided either under any statue or under the terms and conditions of contract...........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22 -- Bail - Contraband - Petitioner has undergone a substantial period of custody - Rigors of S.37 of NDPS Act, can be diluted to an extent in view of salutary provision of the Art.21 of Constitution - Moreover, co-accused has been granted concession of bail -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21B, 29 -- Bail - Contraband - Petitioner is behind the bars since 1 year 2 months and 12 days - trial of case is likely to take long time to conclude as out of total 17 PWs, none has been examined so far - Further incarceration of petitioner without there being the..........
Indian Penal Code, 1860, Section 498A, 306 -- Cruelty - Abetment of suicide - Allegation against sister-in-law - No evidence on record that accused harassed deceased for dowry and treated her cruelly - Accused's act of merely having deceased visit her house and engaging in quarrels does not amount to cruelty for dowry - Statement alleging accused poisoned deceased were..........
Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Kidnapping and rape - Victim had gone with accused on her own volition - She left with accused on his motor cycle and thereafter travelled to various places including by train for more than six days - Physical relations were voluntarily formed by victim..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Arms Act, 1959, Section 25 -- Bail - Contraband - Recovery of 2 kg heroin, one 30 bore pistol made in China, 2 magazines and 12 live cartridges came to be effected on the basis of secret information - Petitioner and co-accused have been duly named in the FIR -..........
