Criminal Procedure Code, 1973, Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 - Bail - Non-compliance of Section 42 of NDPS Act alleged - Keeping in view the facts and circumstances of the case and without commenting on the merits of the case, petitioner ordered to be admitted to bail...........
Criminal Procedure Code, 1973, Section 306 -- The powers under Section 306 of the Act ought to be exercised where the prosecution considers that the evidence of an accomplice is necessary - When the prosecution informs the court that the pardon to one of the accused will make the prosecution successful and otherwise the conviction is not easy, the court shall tender..........
Criminal Procedure Code, 1973, Section 311 -- Recall of a witness - Court has plenary power to summon or recall any witness at any stage under Section 311, Cr.P.C. if there exists justifiable reason to do so in the interest of justice, but the Court should act with circumspection and exercise power sparingly...........
Criminal Procedure Code, 1973, Section 482 -- Insecticide Act, 1968, Ss.3(k)(i), 13, 17, 18, 23, 29 and 33 - Quashing of complaint - Sample - Found misbranded - Filing of complaint and issue of summons against petitioner challenged on the ground that the sample were drawn from a sealed packet and the petitioner being dealer, could not possibly have known the contents in..........
Criminal Procedure Code, 1973, Section 340 -- Forged documents - Court at the stage envisaged in Section 340 of the Code is not deciding the guilt or innocence of the party against whom proceedings are to be taken before the magistrate - At that stage Court only considers whether it is expedient in the interest of justice that an inquiry should be made into any offence..........
Criminal Procedure Code, 1973, Section 319 -- Invoking provision of S.319 - Factors to be taken into consideration are: (i) The doubt about the involvement of the other accused has no place; (ii) Discretionary power so vested in Cr.P.C. under these provisions should be exercised to advance the cause of criminal justice; (iii) There is compelling duty on the Court to..........
Criminal Procedure Code, 1973, Section 313 -- Ordinarily, the purpose of Section 313 of the Code is to afford the accused an opportunity of offering an explanation of incriminating circumstances appearing in prosecution evidence against him - It is not necessary for the accused to speak and explain - However, when the case rests on circumstantial evidence, the failure of..........
Essential Commodities (Special Provisions) Act, 1981, Section 12, Essential Commodities Act, 1955, Section 11 -- Criminal Procedure Code, 1973, Section 167 - Whether the special court which ceased to be a special court under the Essential Commodities (Special Provisions) Act, 1981, but continued as such under the Narcotic Drugs and Psychotropic Substances Act, 1985, has..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Existence of substantial question of law is a condition precedent for the High Court to assume jurisdiction of entertaining second appeal - Conditions specified in Section 100 of CPC are required to be strictly fulfilled and that the second appeal cannot be decided on merely equitable grounds...........
Customs Act, 1962, Section 108, 135 -- Criminal Procedure Code, 1973, Section 164 - Conviction - Confessional statement - Plea that the Customs Authorities while recording the statement under Section 108 of the Customs Act had not followed the safeguard provided under Section 164 of the Code - Findings of the High Court that the provisions of Section 164 of the Code are..........
