AI Overview...
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Section 328 IPC - Applicability and Main Points
The offence under Section 328 of the Indian Penal Code pertains to the transport, sale, possession, or dealing with harmful or banned substances. Multiple court orders emphasize that this section is applicable in cases involving the involvement in selling, transporting, or possessing such substances, especially when they are known to be harmful or banned Nagesh Rajshekhar Mense VS State of Maharashtra - Crimes, DATTATRAY PANDURANG KHANDEKAR Vs THE STATE OF MAHARASHTRA - Bombay, RAFIQ CHAND SHAIKH Vs THE STATE OF MAHARASHTRA - Bombay, SANTOSH LAXMAN GAIKWAD Vs THE STATE OF MAHARASHTRA - Bombay. -
Applicant as Owner of the Place of Offence
The sources do not explicitly state whether the applicant is solely the owner of the place of offence. However, the courts have considered the involvement of applicants in the offence, often finding sufficient evidence of their participation in the offences related to substances under Section 328 IPC. Ownership status alone is not highlighted as a decisive factor in granting or rejecting bail Nagesh Rajshekhar Mense VS State of Maharashtra - Crimes, DATTATRAY PANDURANG KHANDEKAR Vs THE STATE OF MAHARASHTRA - Bombay. -
Bail Proceedings and Court's Approach
Courts have rejected anticipatory bail applications where there is substantial evidence of involvement in offences under Section 328 IPC, especially in cases with serious implications like trafficking or dealing in banned substances. Conversely, in some instances, bail has been granted when the accused lacked prior criminal antecedents or when the circumstances warranted Nagesh Rajshekhar Mense VS State Of Maharashtra - Bombay, Nawaz Sharif vs The State Of Madhya Pradesh - Madhya Pradesh, RAFIQ CHAND SHAIKH Vs THE STATE OF MAHARASHTRA - Bombay. -
Order Dated 09.02.2022
Several references cite the order dated 09.02.2022, which reaffirmed the applicability of Section 328 IPC in cases involving the transport or sale of harmful substances. This order is used as a precedent to reject anticipatory bail when the evidence indicates active involvement in such offences Nagesh Rajshekhar Mense VS State of Maharashtra - Crimes, DATTATRAY PANDURANG KHANDEKAR Vs THE STATE OF MAHARASHTRA - Bombay, SANTOSH LAXMAN GAIKWAD Vs THE STATE OF MAHARASHTRA - Bombay. -
Other Relevant Sections and Offences
The references also mention offences under Sections 304/34, 120-B, 201, 376/354-A/34, POCSO Act, Arms Act, and others, indicating that cases often involve multiple charges. The seriousness of the offence influences bail decisions, with heinous crimes generally leading to rejection of bail applications Nagesh Rajshekhar Mense VS State Of Maharashtra - Bombay, Azeem VS State of Uttar Pradesh - Allahabad, Naveen Kumar VS State Of Haryana - Punjab and Haryana. -
Conclusion
The courts consistently recognize that involvement in transporting, selling, or possessing banned substances under Section 328 IPC is a serious offence. The applicant's ownership of the place of offence is not explicitly a determining factor for bail; rather, the key considerations are evidence of involvement and the nature of the offence. The order dated 09.02.2022 serves as a significant reference point for assessing applicability and bail decisions in such cases.
References:
- Nagesh Rajshekhar Mense VS State of Maharashtra - Crimes, Nagesh Rajshekhar Mense VS State Of Maharashtra - Bombay, Munna @ Mohammad Sagir vs The State Of Madhya Pradesh - Madhya Pradesh, DATTATRAY PANDURANG KHANDEKAR Vs THE STATE OF MAHARASHTRA - Bombay, RAFIQ CHAND SHAIKH Vs THE STATE OF MAHARASHTRA - Bombay, Azeem VS State of Uttar Pradesh - Allahabad, Naveen Kumar VS State Of Haryana - Punjab and Haryana, Nawaz Sharif vs The State Of Madhya Pradesh - Madhya Pradesh, SANTOSH LAXMAN GAIKWAD Vs THE STATE OF MAHARASHTRA - Bombay, Mukesh VS State of Maharashtra, through its Secretary, Home Department - Bombay
Search Results for "Applicant is only Owner of the Place of Offence of 328 Ipc Granted Bail"
• India - Crimes
PRAKASH D. NAIK
of Indian Penal Code, 1860 – Offences related to transport, sale, possession of banned substances – Applicants in all these applications ... serious nature – Section 328 of IPC can be applied in all these cases – When Legislature feels that these substances are harmful ... Criminal Procedure Code, 1973 – Section 438 – Anticipatory bail Applications – FIR registered for offences ... Reliance is placed on the order dated 09.02.2022 passed by this Court in ABA No.1467 of....
2023 0 Supreme(Bom) 1098 • India - Bombay
PRAKASH D. NAIK
The Court also extended the interim protection granted to the applicants by a period of four weeks to enable them to approach the ... Final Decision: The Court rejected all the anticipatory bail applications, holding that the applicants were not entitled to ... The Court examined the applicability of Section 328 of the Indian Penal Code (IPC) in cases involving the possession, transportation ... Reliance is placed on the order dtd. 9/2/2022 passed by this Court in AB....
2024 Supreme(Online)(MP) 29249 • India - High Court of Madhya Pradesh
Issues: Whether the applicant should be granted bail under Section 439 of the Code of Criminal Procedure, 1973. ... NOT CONCLUDED - MAIN ACCUSED ENLARGED ON BAIL - NO CRIMINAL ANTECEDENTS - BAIL GRANTED. ... under Sections 328, 304/34, 120-B, 201 of the Indian Penal Code, Section 49-A of the M.P. ... under Sections 328, 304/34, 120-B, 201 of the Indian Penal Code, Section 49-A of the M.P. ... Considering the total....
• India - Bombay High Court
Prakash D. Naik, J
Penal Code, 1860 - Sections 188, 272, 273, 328 - Anticipatory bail applications - Applicants apprehending arrest for serious offences ... (Paras 36, 56) ... ... (B) Applicability of Section 328 IPC - Court emphasized that the offence ... - Court held that Section 328 IPC is applicable due to involvement in selling and transporting contraband products known to be harmful ... Reliance is placed on the order dated 09.02.2022 passed b....
2023 Supreme(Online)(Bom) 14563 • India - Bombay High Court
PRAKASH D. NAIK, J
Penal Code, 1860 - Sections 188, 272, 273, 328 - Anticipatory bail applications - Applicants sought anticipatory bail in connection ... (Paras 36, 56) ... ... (B) Applicability of Section 328 IPC - Court reiterated that Section 328 ... , particularly under Section 328 of IPC - Reliance on prior judgments regarding applicability of Section 328, emphasizing that knowledge ... Reliance is placed on the order dated 0....
2022 0 Supreme(All) 837 • India - Allahabad
DINESH KUMAR SINGH
- The court rejected bail applications for the accused-applicants based on the heinousness of the offense, evidence available on ... BAIL - Criminal Law - Sections 147, 148, 149, 307, 302, 504 IPC, Section 7 Criminal Law Amendment Act and Section 27 Arms Act ... Fact of the Case: The accused-applicants filed bail applications seeking bail in Case Crime No.728 of 2018, under Sections ... Looking at the heinousness of offence, evide....
2020 0 Supreme(P&H) 415 • India - Punjab and Haryana
ANIL KSHETARPAL
BAIL - Criminal Case - IPC 376/354-A/34, POCSO Act 2012 4/8 - The court granted regular bail to the petitioner in a criminal case ... Consequently, the court granted the petitioner regular bail. ... Fact of the Case: The petitioner sought regular bail in a criminal case involving charges under IPC 376/354-A/34 and ... After collecting sufficient material, applicant-accused was apprehended in this case and was got medico legally ex....
2024 Supreme(Online)(MP) 29250 • India - High Court of Madhya Pradesh
Issues: Whether the applicant should be granted bail. ... BAIL - SECTION 439 OF THE CODE OF CRIMINAL PROCEDURE, 1973 - [SUBJECT] - The court granted bail to the applicant, who was accused ... Ratio Decidendi: The court held that the applicant should be granted bail considering the totality of the facts and circumstances ... under Sections 328, 304/34, 120-B, 201 of the Indian Penal Cod....
• India - Bombay High Court
Prakash D. Naik, J
Penal Code, 1860 - Sections 188, 272, 273, 328 - Anticipatory bail applications - Offences regarding transport, sale, and possession ... of banned substances - Court finds sufficient evidence against applicants; custodial interrogation necessary - Section 328 IPC applicable ... (Paras 36, 56) ... ... (B) Anticipatory Bail - Grounds for rejection - Involvement of applicants ... Reliance is placed on the order dated 09.02.2022 passed by this Court in....
2014 0 Supreme(Bom) 1621 • India - Bombay
B.P.DHARMADHIKARI, C.V.BHADANG
.) - Whether police authorities have the power to investigate and take cognizance of offences under the Prohibition Act - Whether ... Whether the police authorities have the power to investigate and take cognizance of offences under the Prohibition Act? 2. ... The Court held that the police authorities have the power to investigate and take cognizance of offences under the Prohibition Act ... Shri Mardikar, learned Senior Counsel submits that these allegations do not make out any offence under Prohibition Act against the....
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