Narcotic Drugs and Psychotropic Substances Act, 1985 - Extension of time for investigation - Grant of default bail - Conditions for extension of time - Independent application of mind by Public Prosecutor - Non-receipt of FSL report as a compelling reason - Compliance with Section 36A(4) - Applicability of Section 167(2) of Cr.P.C. - The Public Prosecutor is required to independently apply his min...
Criminal Law – Bail Conditions – Proportionality – Bail conditions must have a nexus to the purpose they serve and be proportional – Court emphasized that conditions leading to the deprivation of rights and liberties must be avoided – Blanket prohibition on social media activity deemed disproportionate and violating freedom of speech [Paras 29-30].
Crimin...
Criminal case – Bail – Petitioner filed for regular bail in FIR No. 148, dated 27th June 2021, under Sections 15, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Petitioner seeks parity with co-accused who was granted regular bail in a previous case (Para 1 and 2).
False Implication Allegation – Petitioner’s counsel alleges that ASI Jagtar ...
NDPS Act – Post-Arrest Bail – Commercial Quantity – Respondent accused of trafficking 50,000 Tramadol tablets (20 kg) – High Court granted bail, ignoring the application of Section 37 of the NDPS Act – Supreme Court quashed the bail order, highlighting the importance of "reasonable grounds" for believing the accused is not guilty and is unlikely to commit an...
Criminal Procedure – Anticipatory Bail – Appeal challenging the High Court’s orders which inquired into unrelated matters during the consideration of an anticipatory bail application – High Court exceeded its jurisdiction by involving third parties and overstepping the scope of Section 438 CrPC – Supreme Court set aside the High Court’s orders, emphasizing that ...
Criminal Law – Cheating and Criminal Breach of Trust – Appellants (bus conductors) convicted under various sections of IPC and Prevention of Corruption Act – Allegations included unauthorized printing and selling of bus tickets – Enquiry report by Inspection Committee not admitted as evidence due to lack of original documents – Recovery of tickets found invalid &ndash...
Anticipatory Bail – Section 438 CrPC – Seriousness of Offences – Respondent accused of physically assaulting and sexually exploiting the appellant, capturing obscene photographs and videos – High Court granted anticipatory bail despite ongoing investigation and non-cooperation from respondent – Supreme Court set aside anticipatory bail due to the seriousness of the of...
CRIMINAL PROCEDURE CODE, 1973 - Section 439 – Regular Bail – Second bail application – Petitioner seeking regular bail in relation to FIR No. 312 dated 27th July 2016, registered under various sections of the Indian Penal Code, 1860 – Earlier bail application dismissed as withdrawn – Petitioner claiming parity with co-accused who was granted regular bail – Court...
Criminal Procedure Code, 1973 - Section 436, Section 437(5), Section 439(2) - Cancellation of Bail - Jurisdiction of Magistrate - Bail granted under Section 436 of Cr.P.C. - Sub-section (5) of Section 437 empowers the Magistrate to order arrest and custody if bail was granted under Section 437(1) or (2) - Bail under Section 436 not covered - Jurisdiction to cancel bail granted under Sect...
Bail Application under Sections 439 of CrPC and 45 of PMLA – Accused, Jayram Vinayak Deshpande, former Sub-Divisional Officer, charged under PMLA for facilitating illegal land conversion and construction within Coastal Regulation Zone-III, aiding in money laundering activities. [Paras 1-4, 12.2]
Proceedings Originated from Environmental Violation – ECIR based on a complain...