Advanced Search Results
Habibkhan Usmankhan Pathan Vs. State of Gujarat
Gujarat
May-04-2004
Criminal
Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 8C, 20B, 29, 37, 42 and 67; Custom Act - Sections 108; Code of Criminal Procedure (CrPC) , 1973 - Sections 37
(2005)1GLR398
Sections 8-C, 20-B, 29 and 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 37 of Criminal Procedure Code, 1973 - offence under Sections 8-C, 20-B and 29 registered against petitioner - bail application dismissed by Special … as a whole. Moreover, it is also observed that the present application is preferred under Sec. 439 of CrPC 1973 which in fact discretionary powers and while granting the bail, the Court has to keep in mind the
Tag this Judgment! AI Brief & AskRamesh Chandra Vs. State of Rajasthan
Rajasthan
Feb-06-2001
Criminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 37, 41, 42, 43 and 50; Code of Criminal Procedure (CrPC) , 1973 - Sections 439; Constitution of India - Articles 14 and 19; Opium Act, 1857; Opium Act, 1978
2001(2)WLC408; 2001(2)WLN620
Sec, 37 puts an embargo on the right of the individual to seek bail under the provisions of the Criminal Procedure Code. However, the embargo is not total.(13). Sec. 42 empowers officials named in it to enter, search, seize and … his release from detention, under the provisions of Sec. 439 of the Code of Criminal Procedure, 1973, as he is in custody for being suspected … on bail, except as provided by Sec. 37 of the Act. It is application of this provision of Section 37 that 1 am concerned with, in the present case.(8). However, arguments have also been made in relation to
Tag this Judgment! AI Brief & AskKuldeepsingh S/O Kesharsingh Pabla and ors. Vs. the State of Maharasht ...
Mumbai
Jun-30-1993
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 167(2); Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 37
1994(3)BomCR643; (1993)95BOMLR714
matter of grant of bail on the ground that section 167 is a part of Chapter XII of Criminal Procedure Code, which deals with investigations. At any rate, the attempt to extend applicability of section 167(2) would nullify the … clause in clear term - 'Notwithstanding anything contained in section 439 Cr.P.C., 1973' is self explanatory. He, therefore, urged that this non-obstante clause does away … for their release on bail. The learned Judge held that the application for bail was not presented invoking section 37 of the N.D.P.S. Act and the sole basis of the application being under section 167(2) of Cr.P.C., the … of investigation, arrest, bail, seizure and trials the same being a complete code by itself, section 167(2) does not apply to persons who have committed
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Dondusa Nemasa Baddi Vs. State of Karnataka
Karnataka
Jul-26-1993
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 439; Narcotic Drugs and Psychotropic Substances Act - Sections 37
1993(2)ALT(Cri)557; ILR1993KAR2420; 1993(3)KarLJ203
appeal not coming up for hearing within a year.For the aforesaid reasons we reject the application for bail. CRIMINAL PROCEDURE CODE, 1973 - (Central Act No.2 of 1974) - Section 439 : NARCOTIC DRUGS & PSYCHOTROPIC SUBSTANCES ACT, (Central … of bail under Section 439 Cr.P.C. came to be considered in the light of the restrictions laid under Section 37 of the NDPS Act. Section 37 of the said Act, as it found place after the Amending Act … the object of the legislation and the various provisions made under the Code for granting bail even during the pendency of the appeal, cannot be
Tag this Judgment! AI Brief & AskBraj Kishore Thakur Vs. Union of India
Supreme Court of India
Feb-24-1997
Narcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20 and 37; Constitution of India - Article 136; Code of Criminal Procedure (CrPC) , 1973
AIR1997SC1157; 1997(1)ALD(Cri)670; 1997(1)ALT(Cri)705; 1997(1)BLJR606; 1997(1)Crimes199(SC); JT1997(3)SC26; 1997(2)SCALE312; (1997)4SCC65; [1997]2SCR420
Drugs & Psychotropic Substances Act. The material portion of Section 37(1) reads thus :Notwithstanding anything contained in the CrPC, 1973 (b) no person accused of an offence punishable for a term of imprisonment of five years or … material portion of Section 37(1) reads thus :Notwithstanding anything contained in the CrPC, 1973 (b) no person accused of an offence punishable for a term … material portion of Section 37(1) reads thus :Notwithstanding anything contained in the CrPC, 1973 (b) no person accused of an offence punishable for a term … Drugs & Psychotropic Substances Act. The material portion of Section 37(1) reads thus :Notwithstanding anything contained in the CrPC, 1973 (b) no person accused of an offence punishable for a term of imprisonment of five years or more
Tag this Judgment! AI Brief & AskSardarsingh Nagsingh Rajput (Sisodia) and ors. Vs. State of Gujarat
Gujarat
Apr-23-1993
CriminalNarcotics
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
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, … altogether overlooking and ignoring the limitations imposed by the Legislature on Courts on exercise of such powers under Section 37 (amended) of the said Act?(2) Whether any Court can refuse to accept the charge-sheet submitted to it by
Tag this Judgment! AI Brief & AskislamuddIn @ Chottey Vs. State of Delhi
Delhi
Aug-16-1999
NarcoticsCriminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 37, 61 and 85; Code of Criminal Procedure (CrPC) , 1973 - Sections 439
1999VIAD(Delhi)765; 2000CriLJ108; 82(1999)DLT449; 1999(51)DRJ558
this Court could grant interim bail to the petitioner in exercise of the powers under Section 482 of the Criminal Procedure Code. I do not find any merit in this contention. Section 37 of the NDPS Act starts with the … ORDERCyriac Joseph, J.1.This is a petition filed under Section 439 of the Code of Criminal Procedure red with Section 37 of the Narcotic Drugs and Psychotropic Sub-stances Act, 1985 (for short … and non bailable1. Notwithstanding anything contained in the Code of Criminal Procedure, 1973-(a) Every offence punishable under this Act shall be cognizable; (b) No person
Tag this Judgment! AI Brief & AskSanjay Kumar Giri Vs. State of M.P.
Madhya Pradesh
Dec-21-1999
CriminalNarcotics
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 4, 20, 20(1), 36A and 37; Code of Criminal Procedure (CrPC) , 1973 - Sections 437(2) and 439; Juvenile Justice Act, 1986 - Sections 8, 18 and 18(1)
2000CriLJ1918; 2000(1)MPLJ507
that statute cost a mandate on the Court to admit the juvenile to bail notwithstanding anything contained in the Criminal Procedure Code, 1973 or any other law for the time being in force. The Juvenile Justice Act came into force … provisions of Juvenile Justice Act, 1986 and under Section 437(2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code').3. It was put … the provisions of the Juvenile Justice Act do not override the provisions of the NDPS Act inasmuch as Section 37 of the NDPS Act was brought into the statute book with effect from 29-5-89 by Act No. 2
Tag this Judgment! AI Brief & AskParle (Exports) Pvt. Ltd. and Others Vs. B.K. Solanki and Another
Mumbai
Nov-14-1986
Customs
Foreign Exchange Regulation Act, 1973 - Sections 27, 27(1), 56 and 76; Code of Criminal Procedure (CrPC) , 1973 - Sections 245(2); Estate Duty Act, 1953 - Sections 10; Supreme Court Act, 1981 - Sections 37(3)
1987(12)ECC265; 1987(30)ELT167(Bom)
27 (1), 56 and 76 of Foreign Exchange Regulation Act, 1947, Section 245 (2) of Criminal Procedure Code, 1973, Section 10 of Estate Duty Act, 1953 and Section 37 of Supreme Court Act, 1981 - promoters of petitioner-company … with Section 56 of the Act. An application was made by the accused persons under Section 245(2) of the Criminal Procedure Code for their discharge which application having been dismissed by the Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Bombay, … made by the accused persons under Section 245(2) of the Criminal Procedure Code for their discharge which application having been dismissed by the Additional Chief
Tag this Judgment! AI Brief & AskTamizharasi and Another Vs. Assistant Director, Narcotic Control Burea ...
Chennai
Dec-14-1994
Criminal
Code of Criminal Procedure (CrPC) , 1973 - Sections 57, 167, 167(2), 173, 309, 436, 437 , 437(1), 437(2), 437(5), 439, 439(1), 439(2) and 482; Tada - Sections 20, 20(4), 20(4), 20(7), 20(8) and 20(9); Narcotic Drugs Psycho. Sub. Act - Sections 21, 23, 29, 36, 36(1), 36A, 36A(1), 36A(3), 37, 37(1), 37(2) and 52
1995(1)ALT(Cri)562; 1996CriLJ208
the very object of law. In view of the above, I am clear that proviso to Section 167(2) Criminal Procedure Code is not applicable to such cases covered by Section 37 of NDPS Act. In such cases, only if … limitations as may have been provided under the Code of Criminal Procedure, 1973, or any other law for the time being in force on granting … that the learned Special Judge was not inclined to act under the proviso to S. 167(2) of the Code of Criminal Procedure in view of the pronouncement of a learned single Judge of this Court in Seemsiraj
Tag this Judgment! AI Brief & AskAI Brief (18 sections) + Semantic Search - 7 days free
- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »