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Nov 13 1979

State of Bihar and anr. Vs. J.A.C. Saldanha and ors.

Court : Supreme Court of India

Decided on : Nov-13-1979

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 1, 2, 3, 4, 4(1), 5, 12, 22, 36, 46(2), 156, 156(1), 156(2), 156(3), 173, 173(2), 173(8) and 190; Police Act, 1861 - Sections 3, 12 and 22; Indian Penal Code (IPC) - Sections 105, 106, 120-B, 368, 418 and 420

Reported in : AIR1980SC326; 1980CriLJ98; (1980)1SCC554; [1980]2SCR16

a criminal case in which a report was submitted by the investigating agency under Section 173(2) of the CrPC, 1973 ('Code' for short) to the Magistrate having jurisdiction to try the case (lb). Whether the Magistrate having jurisdiction … to the right of the Court to intervene in an appropriate case when moved under Section 491 of the Criminal Procedure Code to give directions in the nature of habeas corpus. In such a case as the present, however, the … the ground that the case was one which such officer was not empowered under this section to investigate.8. Section 36 confers power of an officer in charge of a police station on all police officers superior in rank

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Jan 11 1993

Rashid Khan Alias Rashid and ors. Vs. the State

Court : Rajasthan

Decided on : Jan-11-1993

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 18, 19, 27, 27A, 31, 31A, 32(2), 32A, 36, 36A, 36A(1), 36A(3), 37, 37(1), 37(2), 52, and 379(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 57, 167, 167(1), 167(2), 167(2A), 309, 309(2), 437, 437(1), 437(2), 437(5), 439 and 439(2); Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1989; Constitution of India - Article 51; Code of Criminal Procedure (CrPC) , 1898 - Sections 344; Indian Penal Code

Reported in : 1993CriLJ3776

override Sub-section (2) of Section 167 of the Code of Criminal Procedure, 1973, and bail cannot be granted unless conditions contained in clauses (i) & … questions may be formulated as under:-1. Whether under the proviso (a) to Section 167(2) of the Code of Criminal Procedure an accused can claim bail as of right if Charge-sheet is not filed after completion of investigation within … as under:-1. Whether under the proviso (a) to Section 167(2) of the Code of Criminal Procedure an accused can claim bail as of right if … that sentence awarded under this Act (other than Section 27) shall not be suspended or remitted or commuted. Section 36 provides for constitution of Special Courts. Section 36A enumerates the offences triable by Special Courts and also deals

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Sep 06 1989

Daji Govind Kamble Vs. State of Maharashtra

Court : Mumbai

Decided on : Sep-06-1989

Subject : Criminal

Acts : Narcotic Drugs & Psychotropic Substances Act, 1985 - Sections 8, 36-A, 36(1) and 36A(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 37(1), 167, 167(2), 167(2A) and 439

Reported in : 1989(3)BomCR448; 1990CriLJ2191

the power of the Magistrate under sub-section (2) or sub-section (2A) of Section 167 of the Code of Criminal Procedure, 1973, to authorise detention in such custody as he thinks fit for a period not exceeding 15 days … Magistrate under sub-section (2) or sub-section (2A) of Section 167 of the Code of Criminal Procedure, 1973, to authorise detention in such custody as he … the detention by the Metropolitan Magistrate which was for a period exceeding 15 days was in contravention of Section 36(1)(b) of the Act, as the Magistrate had no powers to authorise detention for a period exceeding 15 days,

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Nov 05 1976

Balchand JaIn Vs. State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Nov-05-1976

Subject : Criminal

Acts : Defence and Internal Security of India Act, 1971 - Sections 38; Code of Criminal Procedure (CrPC) 1973 - Sections 2, 13-A, 34, 35, 36, 37, 38, 436, 437, 437(1) and 438; Defence and Internal Security of India Rules, 1971 - Rule 184

Reported in : AIR1976SC366; (1976)4SCC572; [1977]2SCR52; 1977 Cri LJ 225

'anticipatory bail'. The majority view was that there was no such power in the court under the old Criminal Procedure Code. The Law Commission, in its Forty First Report pointed out:The necessity for granting anticipatory bail arises mainly because … can be competently made by a Court of Session or a High Court under Section 438 of the CrPC, 1973 in case of offences falling under Rule 184 of the Defence and Internal Security of India Rules, 1971 … before both Houses of Parliament with such modification or annulment as the Houses may be pleased to make. Section 36 of the Act gives colour of finality to certain orders passed by an authority which is not a

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Mar 10 1981

Khatri and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : Mar-10-1981

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 36, 162, 172 and 202; Evidence Act, 1872 - Sections 27, 32(1), 35, 122, 123, 124, 126, 129, 145 and 161; Constitution of India - Articles 32 and 226

Reported in : AIR1981SC1068; 1981(29)BLJR425; 1981(1)SCALE531; (1981)2SCC493; [1981]3SCR145; 1981(13)LC924(SC)

from the method and procedure of investigation and the competence of the person who Investigates.' He urged that Section 36 of the Criminal Procedure Code provides that police officers superior in rank to an officer in-charge of a … serious difficulty in its resolution, if we have regard to the terms of Sections 162 and 172 of the Criminal Procedure Code on which reliance has been placed on behalf of the State.3. We will first consider the question in … these documents on the ground that they are protected from disclosure under Sections 162 and 172 of the CrPC 1973 and the petitioners are not entitled to see them or to make any use of them in the

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Jan 07 2000

Association of Dead People, Azamgarh and Another Vs. State of U.P. and ...

Court : Allahabad

Decided on : Jan-07-2000

Subject : Constitution

Acts : Protection of Human Rights Act, 1993 - Sections 14 and 36(3); Constitution of India - Article 21; Indian Penal Code (IPC), 1860; Code of Criminal Procedure (CrPC) , 1973 - Sections 200

Reported in : 2000(1)AWC663

are looking for the protection of the law, the like of which is mentioned in the Code of Criminal Procedure, 1973.The reference was made to Section 200. Thus, the living 'dead' are expecting that the State would come … justice the like of which is referred to in the Indian Penal Code, 1860. All such persons who may have arranged for these crimes are … counsel at the Bar, the aspect of limitation, the like of which is mentioned in sub-section (2) of Section 36 of the Act, aforesaid. The Chief Standing Counsel, U. P., explained that in the present set of cases,

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Apr 23 1993

Sardarsingh Nagsingh Rajput (Sisodia) and ors. Vs. State of Gujarat

Court : Gujarat

Decided on : Apr-23-1993

Subject : CriminalNarcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 17, 18, 20, 26, 27, 29, 32, 35, 36, 36A, 36A(1), 36A(3), 36D, 37, 37(2), 54; Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 - Sections 36A and 37; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 4(2), 167, 167(2), 167(2A), 173(4), 173(5), 190, 193, 209 and 439; Indian Penal Code (IPC), 1860; Constitution of India - Article 21

Reported in : 1993CriLJ3473; (1993)1GLR905

Agency in not submitting Chargesheet within the prescribed time-limit of 90 days as warranted under Section 167(2)(a) of the Criminal Procedure Code, 1973, particularly in matter of the offences punishable under the NDPS Act, the accused are straightway entitled to … of 90 days as warranted under Section 167(2)(a) of the Criminal Procedure Code, 1973, particularly in matter of the offences punishable under the NDPS Act, … was not forwarded along with it?(3) Whether any lapse or default committed by the learned Magistrate in contravening Section 36-A(1)(b) of the NDPS Act in not forwarding the accused to Special/ Session Court immediately on expiry of 15th

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Aug 03 1989

Shashibala Nair Vs. Intelligence Officer, Narcotics Control Bureau and ...

Court : Mumbai

Decided on : Aug-03-1989

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 36 and 37; Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2)

Reported in : 1989(3)BomCR228; (1989)91BOMLR214

grant such leave. Narcotic Drugs and Psychotropic Substances Act (61 of 1985), Sections 36-A, 36-C and 37 and Criminal Procedure Code (2 of 1974), Section 167 - Powers of special Court in granting bail - Are co-extensive with powers … Application as against the said Order and also purporting to be an application under section 439 of the Code of Criminal Procedure. The prayer is for release of the petitioner on bail.3. During the course of the … follows :'36-A. (1) Notwithstanding anything contained in the Code to Criminal Procedure, 1973,---(a) all offences under this Act shall be triable only by the special

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Jul 22 1999

Selvaraj, S/O Gnanadesihan Vs. P. Viswanathan

Court : Chennai

Decided on : Jul-22-1999

Subject : Banking Food Adulteration

Acts : Negotiable Instruments Act, 1881 -- Sections 138 and 142; Code of Civil Procedure (CPC), 1908 -- Sections 29, 167(2), and 325(1); Banking Public Financial Institution and Negotiable Instruments Laws (Amended) Act, 1988 (Act 66 of 1988) -- Sections 139, 140, 141 and 142; Code of Criminal Procedure (CrPC) , 1973 -- Sections 25, 26, 190, 200, 207, 262 to 265, 347, 372 to 379 and 468(1); Supreme Court Advocates (Practice in High Courts) Act, 1951 -- Sections 2; Indian Bar Councils Act, 1926 -- Sections 4(2) and 8(1), 9(4), 14(3) and 15; Narcotic Drugs and Psychotropic Substances Act, 1988 -- Sections 20, 27, 36-A, 37 and 51; Criminal Justice Act, 1948 -- Sections 23; Special Court Act, 1982 -- Sections 11(1); Constitution of India, Articles 132, 133, 134 and 136; Preventio

Reported in : 1999(2)ALD(Cri)438; 1999CriLJ4766; 1999(2)CTC652

of fine than the limit spelt out from the relevant provision regarding the powers of such Magistrate under the Criminal Procedure Code, 1973 in respect of the offence under Section 138 of the Negotiable Instruments Act, 1881.'2. The following factual … relevant provision regarding the powers of such Magistrate under the Criminal Procedure Code, 1973 in respect of the offence under Section 138 of the Negotiable … impact of the non obstante clause in Section 37 of the N.D.P.S. Act, has also taken into consideration Section 36-A of the Same Act and more particularly Section 36-A (1) (b) which clearly mentions Section 167, sub-section (2)

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Jun 17 1997

Ghanshyam @ Chotu S/O Dagdu Waghare Vs. the State of Maharashtra

Court : Mumbai

Decided on : Jun-17-1997

Subject : CriminalNarcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20, 22, 27, 29, 36-A and 37; Code of Criminal Procedure (CrPC) , 1973 - Sections 70, 71, 73(2), 82 and 173(8)

Reported in : 1998BomCR(Cri)404; 1997(3)MhLj370

Judge, Police had not sought permission to file supplementary charge sheet under section 173(8) of the Code of Criminal Procedure, 1973. I am not going into other details of the order passed by the learned Judicial Magistrate (F.C.), … sought permission to file supplementary charge sheet under section 173(8) of the Code of Criminal Procedure, 1973. I am not going into other details of … the learned Magistrate beyond the period of 15 days was illegal and unauthorised because of the provisions of section 36-A of the Narcotic Drugs and Psychotropic Substances Act, 1985. He also prayed for bail on other grounds.5. The

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