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PLRonline.in

CrPC S. 41-A, S. 438 - After issuance of notice under Section 41-A Cr.P.C., if the police feels that the accused has to be arrested, without obtaining the permission from the Magistrate concerned, they cannot arrest the accused.

MVA S. 166 - FIR against unknown vehicle - The fact that the police had filed a challan against the driver is not sufficient - The police invariably puts in the challan on the basis of the statement without getting into the truthfulness of the statements

CrPC S. 41-A – Contempt – If police failed to follow the procedure under Section 41-A Cr.P.C. or the guidelines of the Apex Court

by Punjab Law Reporter

in Criminal, CrPC

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NDPS S. 15, 29, 37 – CrPC S. 439 – Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined – Further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India. [ID#430771]

Bail – As per custody certificate, petitioner, who is a young man aged 22 years, has already suffered incarceration for about 01 year 10 months and 15 days & is not shown to be involved in any other case – Bail granted – IPC, Sections 354- B, 376DA, 506, 216 – POCSO Act, Section 6

Constitution of India

Constitution of India, Article 22 – NDPS S. 3, 9, 11 – Preventive Detention – Whether an order of Preventive detention could have been passed solely on the basis of past involvement of the accused in the cases under the NDPS Act and formation of an opinion about the likelihood of the involvement of the suspect in further offences as well on the basis of the antecedents ? [2024 PLRonline 011 , 2024 PHHC 081331]

Comments 3

Trilok gupta says:
3 years ago
Mv act,criminal, FSS act fertilizer act
Reply
Trilok gupta says:
3 years ago
Mat,criminal FSS act
Reply
Advocate Deepak Lanjewar says:
3 years ago
Good case law
Reply

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