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Master NDPS 2.0: Latest Legal Developments, Best Practices & Landmark Case Studies

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Syed Anwer Shah   12 January 2012 at 21:52

I have tried to provide a draft of a.b.a. for learners, if any hesitation you may ask.......

IN THE COURT OF SESSIONS JUDGE
A.B.A. No. of 2011


Muhammad Imran s/o Shamsuddin Arain,
Muslim, adult, resident of Market
Road, Nawabshah……………………… Applicant/accused
….. V E R S U S …..
The State……………………………………………………………… Opponent

Crime No.127/2011, P.S. Taluka
U/s 337-L(ii), 506/2, 147, 148 PPC


ANTICIPATORY BAIL APPLICATION
UNDER SECTION 498 CR.P.C

Apprehending, imminent arrest, disrespect, humiliation at the hands of the police, the applicant/accused named above surrenders himself before this Honourable Court in the above case/crime and prays for the grant of pre-arrest bail, on consideration of the following facts and grounds:-

F A C T S

Briefly, the prosecution case as disclosed in FIR is that on 09.12.2011 complainant H.C. Abdul Qayoom Brohi lodged FIR with P.S. B-Section, stating therein that today complainant along with his subordinate staff left the CIA Centre under roznamcha entry No.03 at 1100 hours for patrolling and after patrolling from different places they reached road adjacent to Raheem City where they made snap checking of motorcycles and at 1320 hours they found one motorcycle coming from Nawabshah side on which one person was sitting, however, his behind one bag was lying who seeing the police party at some distance fallen his motorcycle and tried to run to whom suspecting, police apprehended tactfully. Thereafter, private mashirs were searched but not succeeded, therefore, P.C. Mohbat Ali and P.C. Zahid Hussain Lashari were deputed as mashirs and inquiry was conducted. The apprehended accused disclosed his name as Imran Arain and property detailed in FIR was recovered from him while on opening the bag small shoppers containing Gutka as mentioned in FIR were found. Thereafter, apprehended accused was asked about the said Gutka and documents of motorcycle who informed that he used to sell the said Gutka and motorcycle is of without documents, therefore, he was arrested and motorcycle was seized U/s 550 Cr.P.C. in presence of mashirs under mashirnama. Thereafter, accused and property were brought at P.S. and FIR was lodged accordingly.

After registration of FIR, applicant/accused was released on producing surety due to bailable sections but thereafter still the concerned police is behind the applicant/accused malafidely, therefore, apprehending danger of his arrest and humiliation at the hands of police, he surrendered himself before this Honourable Court and prays for bail before arrest, on consideration of the following grounds:-

G R O U N D S

1. That the applicant/accused is innocent and has not committed the alleged offence.

2. That applicant/accused has been implicated in this case falsely by foisting upon him the alleged property, otherwise the applicant/accused never involved in such kind of activities.

3. Infact the applicant/accused is shopkeeper having cosmetic shop with the name and style of Imran General Store at Manu Abad, Nawabshah where some police personnel came and purchased articles for which they avoided to pay its amount, on which applicant protested them to pay, hence, they became annoyed after payment they went issuing threats, consequently this FIR was lodged malafidely.

4. That all the sections applied in FIR are bailable, but despite of that police is hunting the applicant/accused in one and other pretext just in order to get illegal bribe, hence this application has been filed.

5. That the offence does not fall within the prohibitory clause of section 497 Cr.P.C, therefore, applicant/accused is entitled for grant of bail.

6. That allegations leveled against the applicant/accused are baseless, ill-founded facts and due to ulterior motives, otherwise the applicant/accused has not committed the alleged offence.

7. That case against the applicant/accused is of such a nature which can only be established after leading evidence on record, hence, at this stage applicant/accused is entitled for grant of bail.

8. That the P.W’s are interested and setup being subordinate of complainant and it is strange to believe that the area mentioned in the FIR where the alleged incident is taken place is very populated area from where except police witness no any independent witness was associated to corroborate the version of complainant, which is clear violation of section 103 Cr.P.C. and the same also creates the doubt upon the story put forth in the FIR.

9. That there is no likelihood of absconsion of applicant/accused, who is ready to furnish his solvent surety to the satisfaction of this Honourable Court.


10. That other grounds will be urged at the time of final arguments.






DT: .12.2011 ADVOCATE FOR APPLICANT/ACCUSED




IN THE COURT OF SESSIONS JUDGE,
A.B.A. No. of 2011



Muhammad Imran ….V/S…. The State


A F F I D A V I T

I, Muhammad Imran s/o Shamsuddin Arain, muslim, adult, resident of Market Road, Nawabshah, do hereby state on S.A as under : -

1. That I am one of applicants/accused in the above bail before arrest application. We have been involved in the above false case by the complainant due to enmity and personal grudge, otherwise we have taken no part in the alleged offence.

2. That there is no likelihood of tamper with the prosecution evidence as the complainant and PWs are interested and setup.

3. That if the bail before arrest is not granted, we will be arrested and humiliated at the hands of police.

WHATSOEVER stated above is true and correct to the best of my knowledge and belief.

I know the deponent



ADVOCATE DEPONENT

Santosh S. Avhad   12 January 2012 at 19:41

Draft of aba

the entire family charge under section 313, 498A,406,323 of IPC, the husband was arrested and other family wants file a ABA so pls provide draft of ABA relating with above said section.

Anonymous   12 January 2012 at 18:32

Mental harassment

dear sir ,i have been working as a private lecturer in jr college since 2007.our principal mentally harassing me. is there any provision to issue legal notice to him?.and what sections should mention on the notice.

sanjay jhaveri   12 January 2012 at 17:27

Signature mismatch on deceased will

My Sister has filled a testamentry petition for my mother's will. Will is of 2 pages. Signature of my mother on both pages differ a lot. Whereas Witness has already confirmed that Mother has signed both pages at same time.
I have already challanged this will. I have just filled my examination in chief.
I want to know what is the procedure by which court can direct to verify the signatures right now .

K.HANMANTHRAO   12 January 2012 at 12:55

Harassment?

in hederabad a.p.constructed house in gramakantam purchased agriment of sale from paternal uncle not registered 1n 1991cont position.in specific perf suit they denied sale and it is permissive position as undivided hindu property cant sale dismissed,.now lodged W.P that house is illeagal enchroched govt land by his brother, dismissed as it is civilnature,as we are having common passage and common walls,he is obstructing common passage his brother is harasing with unsocial comments
is this comes under criminal or civil what is my next approach?
as ihave filed allready in civil court
and dismissed as undivided hindu family
now i asked advocate to file injunction order to restrain
but advocates are saying once it is filed on same cause we cont file again
what can i do
please help any advocate
preferably in hyderabad
thanking u sirs

Kadali RK Rao   12 January 2012 at 01:35

Postmortem - police procedure - place of injury (fir) and death in different places

Employee sustained burn injuries during the course of employment in city "A". After preliminary treatment at a private hospital in the same city, he was shifted to a corporate hospital in the state's capital "B" where he died during treatment.

Immediately after injury, accident report was sent to factory inspector concerned. After death, FIR lodged at the place "A". Police at "B" did not do postmortem but waited the police official from "B" to conduct postmortem at place "B".

Please clarify -
1. Whether decision of police at "B" is correct?
2. Whether FIR is required in the industrial matter when the injury report was submitted to the Factory inspector concerned?
3. Whether dead body of the deceased employee can be transported to place "A" with the permission of police at "B" to conduct postmortem at "A" where postmortem facilities are available?

Niny   11 January 2012 at 23:39

Rebounce cheque of account closed

computer supplier was issued a cheque against deliver of computers, it was returned with remarks bank account closed.
can he proceed under Section 138 of the Negotiable Instruments Act, 1988.

citation if any..

dawood ahmed   11 January 2012 at 22:37

Natecepatory bail in ndps case based on the confession of co-accused

RESPECTED MEMBERS,

IN A CRIMINAL CASE, A WHITE POWDER OF ONE KILO GRAM IS ALLEGED TO BE SEIZED FROM A-1 WHILE HE WAS CARRYING ON HIS BIKE. ON ENQUIRY BY THE POLICE THE A-1 HAS STATED THAT THE SAID WHITE POWDER IS ALPRAZOLAM, HE WAS GOING TO SUPPLY THE SAME TO THE TODDY SELLERS WHO ADULTERATE THE TODDY WITH THE SAID POWDER FOR KICK. A-1 FURTHER STATED THAT HE IS DOING THIS BUSINESS ALONG WITH A-2. INFACT A-1 IS RELATIVE OF A-2 AND THERE IS SOME FAMILY DISCARD BUT THERE IS NO PROOF OF IT AND A-1 AUSPECTED A-2 TO HAVE INFORMED THE POLICE ABOUT A-1'S BUSINESS SO A-1 CONFESSED FALSELY IMPLICATING A-2.POLICE ISSUED FIR IMPLICATING A-2.

IN THE GIVEN CIRCUMSTANCES A-2 WANTS TO APPLY FOR ANTECEPATORY BAIL. WHAT WILL BE THE PROSPECTS? ANY CASE LAW IN SUPPORT OF A-2.

OFCOURSE THERE IS RECENT RULING OF APEX COURT TO THE EFFECT THAT CONFESSION OF CO-ACCUSED IS NOT AN EVIDENCE WITHIN THE DEFINITION OF SEC 3 OF IE ACT. IT CANT BE BASIS FOR CONVICTION ETC. ETC.

BUT GENERALLY COURTS WONT BE LENIENT IN NDPS CASES AND ITS ONLY BAIL STAGE HOWEVER WEEK MAY BE THE CASE, COURTS NOT LIBERAL IN 438 CrPC RELIEF.

WHAT DO YOU SAY SIR? ANY GUIDANCE PLEASE!

Anonymous   11 January 2012 at 22:02

Whistleblowers in india

hello sir....
I'am a 5th year law student studying in the university of pune.
i've one query relating whistleblowers in india. i want to know the judgements(except anirudh bahal's case) where the whistleblowers are not be arrested and protected in india.

Anonymous   11 January 2012 at 21:54

Referred notice issued by police, next action

Police registered the Crime, investigated into the matter as per the directions of High Court of A.p., recorded the statements of as many witnesses as 27 who spoke against the accused. but the police supressing the fact issued a referred notice, as 'civil nature'. what is procedure, whether to file a private complaint or filing a petition U/sec.173 Cr.P.C, requesting investigation by another agency.