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Showing posts with label S 328 of IPC. Show all posts
Showing posts with label S 328 of IPC. Show all posts
Friday, 26 June 2026

Bombay HC: Where a special statute like FSSA occupies the field with an overriding effect (Section 89 FSSA), the general law (IPC) cannot be invoked, and simultaneous prosecution under both is not permissible

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 IPC sections 272, 273, and 328 cannot be invoked when the same subject matter is covered by FSSA, a special law - Section 59 of FSSA is bro...
Sunday, 3 August 2025

Bombay HC: Whether the court can reject anticipatory bail of accused based on Statement of co-accused?

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  Thus, in this case except for the alleged statement of the co-accused, which is inadmissible in evidence, there is no evidence to connect ...

Bombay HC: Under which circumstances the accused prosecuted for offence U/S 328 of IPC can be released on anticipatory bail?

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 Learned APP opposed the application with the contention that  co-accused are made statement about he being at the spot with the  present ap...

Bombay HC: Under which circumstances the court should release accused on anticipatory bail in offences relating to seizure of prohibited articles?

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It appears from the investigation papers that the present applicant used to give delivery of banned tobacco articles to the other accused pe...
Saturday, 12 July 2025

Bombay HC: Under which circumstances order passed by high court in bail application should not be treated as precedent?

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   In so far as the judgment in the case of Manjubhai Rokde and Vinod Ramchandra Gupta (supra) are concerned, it needs to be noted that in b...

Bombay HC: Whether the court should allow anticipatory bail application in case of seizure of Gutka or Pan Masala?

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 I have considered the submissions on behalf of both the sides.  I have carefully scrutinized the case diary. Prima facie, the statement of ...
Sunday, 9 October 2022

Can a person selling Gutka or Pan masala prosecuted for an offence U/S 328 of IPC be released on anticipatory bail?

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  Section 328 of IPC is attracted where the substance in question is poison or any stupefying, intoxicating or unwholesome drug or other thi...
Sunday, 22 May 2022

Can a person selling Gutka or Pan masala prosecuted for an offence U/S 328 of IPC be released on anticipatory bail?

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Having been found with the contraband articles, such as, Jarda, Pan Masala, Flavoured Supari, Scented Tobacco and Mava in contravention of t...
Thursday, 9 December 2021

Whether court should release accused on anticipatory bail if he is found in possession of Gutka?

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   In case of applicants Wahid Khan and Amit Agrawal are concerned, First Information Report itself indicates that the applicant Wahid Khan ...
Saturday, 14 September 2019

Whether accused can be prosecuted under S 328 and S 188 of IPC for storage of tobacco products?

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 A close analysis of the said section would reveal that whoever disobeys an order promulgated by a public servant directing to abstain f...
Wednesday, 9 March 2016

Whether possessing or transporting Gutka or Pan Masala amounts to offence U/S 328 of IPC?

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The entire gamut of this provision is quite peculiar. It says that the culprit should administer to the victim. A substance which would be...