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1 - 10 of 10 (0.21 seconds)The Code of Criminal Procedure, 1973
Section 313 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 353 in The Code of Criminal Procedure, 1973 [Entire Act]
Section 8 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Hardeep Singh vs State Of Punjab & Ors on 10 January, 2014
In the case of Hardeep Singh Vs. State of Punjab and others,
reported in (2014) 3 SCC 92 while considering the objects and purports of
Section 319 Cr.P.C., it was held as follows:-
Section 18 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Commissioner Of Income-Tax, New ... vs East West Import & Export (P) Ltd.,(Now ... on 8 February, 1989
"40. Even the word "course" occurring in Section 319 CrPC,
clearly indicates that the power can be exercised only during the
period when the inquiry has been commenced and is going on or
the trial which has commenced and is going on. It covers the
entire wide range of the process of the pre-trial and the trial
stage. The word "course" therefore, allows the court to invoke
this power to proceed against any person from the initial stage
of inquiry up to the stage of the conclusion of the trial. The court
does not become functus officio even if cognizance is taken so
far as it is looking into the material qua any other person who is
not an accused. The word "course" ordinarily conveys a
meaning of a continuous progress from one point to the next in
time and conveys the idea of a period of time: duration and not a
fixed point of time. (See CIT v. East West Import & Export (P)
Ltd.)
Shashikant Singh vs Tarkeshwar Singh & Anr on 24 April, 2002
15. Therefore the mandate of Section 319 Cr.P.C.is with respect to the
trying of the case of newly made accused with the accused who is already
facing trial is not mandatory in nature, as the word used is 'could be' and not
'must be' as has been indicated in the case of Shashikant Singh (supra). In
7.
such circumstances, therefore, it was not mandatory on the part of the trial
court not to pronounce judgment in the case of other accused person until and
unless the trial with respect to the newly made accused is concluded.
Section 4 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
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