Friday 27 April 2018

Punishment for Offences under NDPS ACT-Less than 1 kg Ganja to be tried by JFCM


Punishment for Offences under NDPS ACT
NDPS Act views drug offences very seriously and penalties are stiff. The quantum of sentence and fine varies with the offence. For many offences, the penalty depends on the quantity of drug involved - small quantity, more than small but less than commercial quantity or commercial quantity of drugs. Small and Commercial quantities are notified for each drug.
Under NDPS Act, abetment, criminal conspiracy and even attempts to commit an offence attract the same punishment as the offence itself. Preparation to commit an offence attracts half the penalty. Repeat offences attract one and half times the penalty and in some cases death penalty. Since the penalties under this Act are very stiff, several procedural safeguards have been provided in the Act. Some immunities are also available under the Act.
The penalties for various offences under the NDPS Act are as follows:
OFFENCES AND PENALTIES
Offences
Penalty
Sections of the Act
Cultivation of opium, cannabis or coca plants without license
Rigorous imprisonment-up to 10 years + fine up to Rs.1 lakh
Opium - 18(c) Cannabis - 20 Coca-16
Embezzlement of opium by licensed farmer
Rigorous imprisonment -10 to 20 years + fine Rs. 1 to 2 lakhs (regardless of the quantity)
19
Production, manufacture, possession, sale, purchase, transport, import inter- state, export inter-state or use of narcotic drugs and psychotropic substances
Small quantity - Rigorous imprisonment up to 6 months or fine up to Rs. 10,000 or both. More than small quantity but less than commercial quantity - Rigorous imprisonment. up to 10 years + fine up to Rs. 1 Lakhs. Commercial quantity - Rigorous imprisonment 10 to 20 years + fine Rs. 1 to 2 Lakhs
Prepared opium-17 Opium – 18 Cannabis - 20 Manufactured drugs or their preparations-21 Psychotropic substances -22
Import, export or transhipment of narcotic drugs and psychotropic substances
Same as above
23
External dealings in NDPS-i.e. engaging in or controlling trade whereby drugs are obtained from outside India and supplied to a person outside India
Rigorous imprisonment 10 to 20 years + fine of Rs. 1 to 2 lakhs (Regardless of the quantity)
24
Knowingly allowing one's premises to be used for committing an offence
Same as for the offence
25
Violations pertaining to controlled substances (precursors)
Rigorous imprisonment up to 10 years + fine Rs. 1 to 2 lakhs
25A
Financing traffic and harboring offenders
Rigorous imprisonment 10 to 20 years + fine Rs. 1 to 2 lakhs
27A
Attempts, abetment and criminal conspiracy
Same as for the offence
Attempts-28 Abetment and criminal conspiracy - 29
Preparation to commit an offence
Half the punishment for the offence
30
Repeat offence
One and half times the punishment for the offence. Death penalty in some cases.
31 Death - 31A
Consumption of drugs
Cocaine, morphine, heroin - Rigorous imprisonment up to 1 year or fine up to Rs. 20,000 or both. Other drugs- Imprisonment up to 6 months or fine up to Rs. 10,000 or both. Addicts volunteering for treatment enjoy immunity from prosecution
27 Immunity - 64A
Punishment for violations not elsewhere specified
Imprisonment up to six months or fine or both
32
SMALL AND COMMERCIAL QUANTITIES
For several offences under the NDPS Act, the punishment depends on whether the quantity of drug involved is small, is more than small but less than commercial or is commercial. Small and Commercial quantities for each drug have been notified. http://www.cbn.nic.in/html/qtynotif.PDF . The quantities for some common drugs are as follows:-
Drug
Small Quantity
Commercial Quantity
Amphetamine
2 grams
50 grams
Buprenorphine
1gram
20 grams
Charas/Hashish
Charas/Hashish
1 kg
Cocaine
2 grams
100 grams
Codeine
10 grams
1 kg
Diazepam
20 grams
500 grams
Ganja
1 kg
20 kg
Heroin
5 grams
250 grams
MDMA
0.5 gram
10 grams
Methamphetamine
2 grams
50 grams
Methaqualone
20 grams
500grams
Morphine
5 grams
250 grams
Poppy straw
1 kg
50 kg


For the offence of recovery of ganja upto 1000 gms. the punishment provided by the amending Act is only six months R.I. and a fine which may extend to Rs. 10,000/- or with both. Therefore, in accordance with 36-A of the Act and Section 4(2) Cr.P.C. the said offence is triable by the Magistrate as summary trial under Chapter XXI of the Cr.P.C.

Thursday 26 April 2018

Suit for partition - Past profits and future profits- Court fee payable

In 1967-SC-155-It was held that in view of Or 7 Cpc.and Sec7 Central CFAct, for  claim of past  profits plaintiff must plead cause of action and specifically claim decree for  past profits, value the claim and pay court fees. With regard to future profits, the plaintiff  has since no cause of action as on the date of institution of the suit, it is not possible to  plead cause of action or value the relief and pay court fees in respect of future profits.  Further, he can obtain relief in respect of the future cause of action of future profits in the  suit as per Or 20 R12 or 18 CPC. The court has discretionary power to pass a decree  directing an enquiry in to future profits and can grant the general relief even it is not asked for in the plaint. Relied upon 1951-Mad-938 (FB) and 1958-AP-517.  Explained  1952-SC-358. 
 

Suit for declaration to operate Locker & to take possession & control of articles in the locker -CF payable

In 1990(2) ALT-117=(1) LS 239  – Venugopal Vs. Vijaya – it was held that, in  Suit for declaration to operate Locker & to take possession & control of articles in the  locker – CF payable is u/s 24(d) on the plaintiff’s estimation of the relief and not on the  value of the property

Single Injunction suit by several plainitffs having seperate possession and title -Court fee

U/s16&26(C)–in 1996(4) ALT-730 = (4) ALD 1057 = (2) LS-560 Komanduri  Bhanumurthi Vs Guntur Municipal Council -

 It was held that Single suit filed by nineteen  (19) plaintiffs as owners of separate plots for permanent Injunction against Municipality  – Since reliefs sought are individual, they are liable to pay separate C.F. The District  Judge is competent on administrative side, and can rectify the defects in payment of C.F.  & can order the plaintiffs to pay the required CF. 

 

U/s.26(c) r/w.Sec.6 of the Court Fee Act that even single suit filed for injunction by several plaintiffs – when they are respective owners of their separate plots for which injunction relief sought against Municipality, separate CF for each plot be payable. 

Court has no power to collect deficit Court fees after the suit was disposed off,

 In 1968(2) ALT 17 NRC it was held that the Court has no power to collect deficit
Court fees after the suit was disposed off, unless there is a direction to pay deficit Court
fees, during disposal in the judgement or before

Monday 9 April 2018

Nazarath Section Registers - formats









Criminal Registers 1 to 27 formats



Criminal registers

Criminal Register No.1: Register of Sessions Cases Received and Disposed of.

Number pf Sessions case
Name of committing court and P.R.No.
Number name and residence of accused
Number of offence charged and section of code  0r law
Date of
Date of judgment
Result
Date of delivery of record into record room with record keeper`s initials
Remarks.
Commitment
Receipt of record
Commencement of trial
Close of trial
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)













Criminal Register No.2 Form No.2 Register of appeal
Number of appeal
From what court with number of the case in that court
Name and rank of applicant in the lower court
Section or order appealed against and law under which it was passed.
Date of
Date of delivery of record into record room with record keeper`s initials
Remarks
Presentation of appeal
Hearing
Order
Result
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)










Instructions: The register should be checked by the presiding officer every month and omissions rectified.
 
Criminal register No.3 Form No.3 Register of revision cases entertained.

Number of the case entertained
Whether taken up suo motu or on application. If on application, the name of the applicant and his position in the lower court.
If by petition, the date of presentation thereof
From which court with number of the case on the file of that Court.
Number and date of disposal
Date of delivery of record into record room with record keeper`s initials
Remarks
(1)
(2)
(3)
(4)
(5)
(6)
(7)









 
Criminal register No.4: Register of calendar and preliminary register cases received

No. of calendar case
Name of complainant or station from which charge sheet was received with date ad number of charge sheet.
No. and name of accused
Offence complained of and section of law
1
2
3
4





Date of
Decision
Result
Date of delivery of record into record room with record keeper`s initials
Remarks ( if a case has been treated one a long pending one note the fact herein reading)
Receipt of report or complainant
Apprehension of the accused or his appearance in court
Commencement of trial
5
6
7
8
9
10
11








 
Instructions:
1.    The first few pages should be set apart for preliminary register cases which should be numbered separately from calendar cases.  In murder cases it should be stated in the remarks column whether the accused can afford to pay an advocate.
2.    The dispatch seal should be obtained in the last column of the register in token of transmission to the Sessions Judge of copies of judgment and orders.
3.    In cases required to be included in the monthly statement prescribed in rule 262 their inclusion should be noted in the last column.
4.    The register should be checked by the presiding magistrate every month and omissions rectified.
 











Criminal RegisterNo.6/6A Register of miscellaneous and maintenance cases received.

Number
Name and residence of petitioner, if any or designation of officer by whom reported
Name and residence of respondent
Section and chapter of the Code under which proceedings are instituted.
Result
1
2
3
4
5






Date of
Date of delivery of record into record room with record keeper`s initials
Remarks.
Receipt of petition or report
Commencement of inquiry
Order.
6
7
8
9
10














Instructions:
1.    This register should be maintained in two sections in all courts.  The first sec. Should be called Crl.R.No.6 This sec. Should be restricted to cases under Sec. 108 to 110 and 125 Cr.P.C. and the cases entered in this section should be shown as miscellaneous cases.
2.    the second sec. Called Crl. Reg.No.6-A with the same heading as in Crl.R.No. 7 should be opened and maintained for all proceedings other than those entered in the first sec.  The cases entered in this sec. Should be marked as Miscellaneous cases.
3.    The dispatch seal shuld be obtained in the last col. Of the register in token of transmission to the Sessoins Judge of copies of judgments and orders


Crl.Register 6-B Register of applications under sec. 113(4) of the Indian Railways Act.

Number of the case
Date of receipt
Name of defaulter
Designation of Railway official who lodged the complainant
Amount of fare ordered to be collected
Date of notice
Initials of magistrate
Amount collected.

















Date of collection
Initials of the magistrate
Date of remittance to railway
Initials of the magistrate
Alternative sentence
Irrecoverable amount written off
Amount.
Date of sanction of C.J.M.
Initials of magistrate  


















 Criminal Register 7 Register of results of inquiries and trials
No. of the case disposed of
Actual No. of days dring which the case in which accused persons appeared before the court lasted (not applicable to cases shown in Col.(6)
Cases disposed of
Complaints dismissed u/s 203 Cr.P.C
By dismissal u/s 204(3) or by discharge or acquittal of accused u/s 256, 257, 249,320 Cr.P.C. before they appeared in court
Struck of as false
By tr, death or escape of accused
otherwise







1
2
3
4
5
6
7


No. of persons
No. of persons
No. of persons
No. of persons


Brought for inquiry or trial
Died, transferred or escaped
Discharged or acquitted
On regular trial


Sentence passed
Released on P.O. Act
Youthful offender dealt with A.P.Ch. Act.


Discharged after admonition
Delivered to parent or guardian etc.


8
9
10
11
12
13
14

Number of persons
Convicted

On summary trial
Adult
Juvenile
Committed or referred
Sentence passed.
Released on P.O. Act
Youthful offenders dealt with u/A.P.Ch. Act.
Male
Female
 Male
Fema le


15
16
17
18
19
20
21
22
23


















Number of offences
Remarks
Examined
Required to attend on more than three days.
24
25
26





 
Crl. Reg.8 Register of punishments.

No. of case dispo sed of
No. of persons convic ted
Imprison ment for life
Number of persons sentenced to imprisonment
15 days and below
Over 15 days but not exc.30
Over 1 month but not exc. 6 months
Over6 months but not exceeding one year
R.I.
S.I.
R.I.
S.I.
R.I.
S.I.
R.I.
S.I.








1
2
3
4
5
6
7
8
9
10
11

NOMENCLATURE OF OFFENCE
Number of persons sentenced

Over one year but not exceeding two years
Over two years but not exceeding seven years
Over seven years.
R.I.
S.I.
R.I.
S.I.
R.I.
S.I.
12
13
14
15
16
17







FINE
Rs.10 and under
Above Rs.10  < 50
Above 50 < 100
Above 100 < 500
Above 500 < 1000
Above 1000
Alone
With other imprisonm ment
Alone
With other imprisonment
Alone
With other imprisonm ment
Alone
With other imprisonment
Alone
With other imprisonm ment
Alone
With other imprisonm ment
18
19
20
21
22
23
24
25
26
27
28
29

Number of persons sentenced to
No. of persons (1) rleased on P.O. or with admonision u/PO Act or the reformatory School. Act, whose guardians are bound over u/Ch. Act or Railways Act or (3) wgi are sub. To an or. U/s 22 if Cattle tress pass Act.
No. of boys whose sentences were commuted to deten tion in a certified school
Remarks.
fine
Amount impo- sed
Amount realised
Amount paid as compensation u/s 357 Cr.P.C.
30
31
32
33
34
35


Criminal Register No.9 Form No.9 Register of appeal cases disposed of

Number of the appeal disposed of
Number of applicants concerned
Number of appellants whose case were disposed of
Actual number of days during which the appeal lasted
Remarks.
By death transfer of escape
By rejection of appeal
By confirmation of sentence of order
By reduction of sentence or modification of order
By reversal of sentence
By proceedings being quashed
By new trial or further inquiry being ordered























Note: Show in the column of remarks the number of persons dealt with under Section 106(4) of the Criminal procedure Code or under A.P. Children Act.

 



Criminal Register No.10 Form No.10 Register of revision cases disposed of


Number of revision case disposed of
Number of accused persons concerned
Number of accused persons  whose case were disposed of
Other wise
Actual; number of days during which the case lasted.
Remarks
By death, transfer or escape
By rejection of application
By confirmation of sentence or order
By reduction of sentence of modificatioin of order
By reversal of sentence
By proceedings being quashed
By new trial or further inquiry being ordered
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)













Date
No. of case, appeal or petition
Purport of proceedings.
1
2
3



Civil Register No.11 Diary register (Sessions and Magistrate Courts)

 








Criminal Register No.12  Register of Court fee and process fee received.



Date







Sl. No. in the register







Nature of document and reference to connected case





Court fee stamps




Non-judicial stamps













remarks





Process fee





Other fee




1
2
3
4
5
6
7
Col.(3) If there are enclosures, the number and nature of those documents also to be specifieid in this column.
Coll(7) Return of documents which is exceptional may be shown in the column of remarks
Note This register should be reserved for papers other than those received by post.

Crl. Reg.12-A Process register (Register of processes issued to the Police stations by the Magistrates
Sl  no.
No. of the case
The crime no.
Nature of process with identifying particulars
Date when issue of process was ordered
Date when sent to police
Date when received back
Remarks.
1
2
3
4
5
6
7
8
1.    A register in this form should be maintained in each of the Magistrate court in the districts and an extract from this register should be attached to the monthly statement inCr.R.No.30.
2.    Every Inspector of Police incharge of circle should often as possible, and at least once in two months, take the registers of the Police station under him to the concerned Magistrate`s court, check up the entries with those in the registers and if necessary, the records maintained by the Court and make a report to the Superintendent of police about the cases involving serious delay or omission.
3.    The above register should also be maintained in ledger form one section being allotted to one police station.
4.    The register prescribed above should be maintained with care and should be scrutinized periodically by the head ministerial officer and the Magistrate.
5.    In col. (4) of the register, the issue of processes to witnesses for the prosecution and for the defense should be shown separately.  It is not necessary to show the name of each of the witnesses but only their total number e.g. 10 summons pws 8 summons d.ws issue of bailable warrants and non-bailable warrants being specifically recorded in red ink.
6.    In col.(7) of the register the date of hearing should also be shown under the date of return, if the date of return of the process to the issuing court is later than the date of hearing.
7.    In col.(8) of the register should be entered the following, namely (a) with reference to col.(4) the number of processes served personally and the number of processes returned un-served, and (b) particulars as to whether bailable warrants and non-bailable warrants were executed or not.





Criminal Register No.13 camp Courts.

Date
         
Camp

Case posted

Remarks.

Date
         
Camp

Case posted

Remarks.

1
2
3
4
1
2
3
4

Note: 1. When cases are adjourned, the date and place of the adjourned hearing should be shown in col.(4).
2Cases disposed of on the date of hearing should be marked thus.


Criminal Register No. 14 Register showing the disposal of referred charge sheets.

Number
Name of the police station
Number of referred charge sheet and section of law
Date of receipt by magistrate
Purport of order with date
Date of communication of the order to Superintendent of police
Date of delivery to record room with record keeper`s initials.
1
2
3
4
5
6
7


 
Criminal register No.14-A Register of First information reports.

Serial number
Date of receipt of first information report.
Name of police station and crime no.
Name of accused
Description of offence and provision of law
Date of occurrence of offence
Date of filing of charge sheet or final report
C.C.No.or referred charge sheet No.
Remarks
1
2
3
4
5
6
7
8
9


Criminal Register No.15 Register showing the disposal of property produced in inquiries and trials.

Number of case or date and number of charge sheet name of station.



Description of property.

Initials of the judge.


Particulars of order for disposal and section of law with date.

Sl. No.
Valuable property.
Other property
1
2
3
4
5
6

If returned to party producing it, or his agent the signature and date.
 Initials of the Judge or magis- trate
If sold by auction the date of auction and amount realized.
Date of remittance of the sale proceeds into treasury
Initials of the judge or magistrate
Remarks of inspecting officer if any.
7
8
9
10
11
12

 
Instructions:
1.    This register shall be inspected at least once in three months by the presiding judge or magistrate who will check the valuables and record the result of this inspection in the column for remarks.
2.    A fresh register shall be opened every year and the outstanding items shall be brought forward from the register of the previous year.
3.    When valuables are sent to the Chief Judicial Magistrate for disposal, a triplicate form of receipt shall be used, one part of which will be the office copy, the other two will be sent to the magistrate of which one will be checked and signed by him and pasted in this register on receipt in the Sessions Court.
4.    Along with its quarterly returns each criminal court will send a certificate of having checked the valuable with this register.
5.    Deposits and such other items, being case properties should properly be accounted for being brought to this register.  The challan and numbers and dates of the deposit may also be noted in the register so that deposit adjustment, vouchers column may readily be prepared and sent to the connected sub-treasury for adjustment, and the fact noted in the last column relating to the remarks.


Criminal Register No.16. Register of unclaimed properties



Sl. No.
Reference to the current with which property is received
Description of property
When, where and bh whom found
Intermediate reference with date
How disposed when and amount realized at sale.
Date of remittance of amount to treasury
Disposal numbear with which file closed.
Remarks.
1
2
3
4
5
6
7
8
9
Here enter particulars, such as (1) date of submission of the notice to the District Press. (2) Date of publication of the notice in the District Gazette. (3) Date of referenced to Sessions Judge and of orders thereon.


Criminal Register No.17 Register of calendars received:

Serial number
Date of
If records called for, No. of revision file.
remarks
Receipt of calendar
Perusal of calendar
1
2
3
4
5






 
Criminal Register No.18 Register showing the remarks on calendars and judgments and replies received from
Name of court:
Name of the court and number of case
Remarks of the Munsif Magistrate and Chief Judicial Magistrate and replies of the Magistrate with dates.
1
2
Instructions:
1.    The register should be written separately for each magistrate by name both in the Chief Judicial Magistrate Court and in the Mnsif Magistrate’s court.
2.    The register need not be kept as loose sheets, separate register should be opened for magistrate.


Criminal Register No.19 Register of Refund certificates and deposit vouchers issued.

Court:                                                                                     Year:

Month and date of cer-tificate

Name of court which imposed the fine and number of case on its file

Name of court  which sanctioned the refund or compensation and date of judgment and number of the case.

Name and residence of the individual to whom the refund or compensation order was granted.

Amount order to be paid.

Date on which the refund certificate or deposit voucher was delivered to the party or his agent, if before the court or of it dispatch to him and the lower court.
Signature of the party or agent in token of having received the certificate or Vr.

Remarks
1
2
3
4
5
6
7
8


 Criminal Register No.20 Register of fines imposed, levied and refunded

Date of im- po-sition of fine







No. of case







Name of ac- cused







Demand i.e. balance uncollected (in case of previous months or fines imposed in cae of current month)

Amount of fines to be credited to Govt.





Fine to becraedited to Local funds municipalities.

Compensation awarded u/s 250 246, 358 Cr.P.C. and compensation and all other sums recoverale like fines which can not be entered in Col.(4) or (5)



Initials of judge or magistrate.





Amount




Name of the fund, body or association concerned and the provision of law under which the fine is imposed.



1
2
3
4
5
6
7
8

Contd.  

Collections
 Initials of judge or magistrate
Amount credited to sub-treasury
Compensation and other amounts described in Col.7
Date of credit in S.T
Initials of judge.

Credited to Govt.
To be credited to local funds and Municipalities

Amount collected
Date of collec- tion

Amount credited
Name of the fund, body or assn. Con. And the pro. Of law u/w fine is imposed.

9
10
11
12
13
14
15
16
17



Irrecoverable amount.
 Balance uncollected
Refunds
Remarks

Amount written off
No. and date of sanction of written off.

Amounted refunded
No. and date of refund order

18
19
20
21
22
23




Instructions contd..

 Fines register

Note:
1.    The word fine includes any amount recoverable as fine or expenses of prosecution.
2.    If a fine is collected while the person on whom it has been imposed is in jail intimation of its collection must be sent at once to the supdt. Of the jail and the fact noted in col(23) see rule Cr.P.C.
3.    In the case of a remission entered in col.(18) and (19) note remitted on appeal should be made against the entrh in col.(23)
4.    The attention of Judges initialing u/col.(8)(11) and (17) is invited to the fact that such initials show that they have satisfied themselves that the fines imposed are taken to demand, collected and credited to the treasury.  No entry shall be expunged from the register without attestation by the Judge or Magistrate.




Criminal Register No.21 Register of witnesses`s batta collected from parties


Date

Name of case

Name of party

Opening balance

Amount of deposit

Total
Of col. 4 & 5
Amont paid to witnesses
Amt. Refunded to partis
Sig. Of witness

Total of col 7 & 8

C.B

Initials of head of office.

1
2
3
4
5
6
7
8
9
10
11
12

Instructions:
1.    This register should be maintained in the ledger form, with a daily abstract being recorded in the register itself.  For this purpose separate page or pages according to the needs of the particular case should be allotted for each case and for entering the daily abstract some pages should be allotted at the end.
2.    The amount of unspent witness batta and batta collected for witness whose evidence is dispensed with, should be entered in this register.  The register must be checked at regular intervals every month, once by the Head of Ministerial Officer and another time by the presiding magistrate during the scrutiny of registers.








Crl. Reg.No.22 Register of orders of Jude or magistrate on witnesses batta and T.A.

No. of case
Name of witnesses
Signature of witness on the first day of his appearance
Whether the witness was present on
Class of witness.
2nd day
3rd dau
4th day
5th day
1
2
3
4
5
6
7
8

Judge`s order fixing the
Initials of the judge
remarks
No. of days for which batta is payable
Distance for which mileage is payable with the name of the village and the nearest railway station.
9
10
11
12

Note: The signature of an official witness should be taken in this register just as in the case of any other witness and the fact and the date of issue of the court attendance certificate should be noted against the entry.


 
Crl. Reg.22-A Batta and T.A. to witnesses Criminal case No of the Court


Name of the witness
What case
Traveling allowance
Number of class by rail or road
Number of miles by road
Amount of rail way fare , millage by road or actuals exp.
Amount of actual exp. Of carriage by road not exc.
Actual cost of carriage hire to and from ct. on the date of attendance.
1
2
3
4
5
6
7

Batta
Total batta and traveling allowance
Certificate of head clerk or magistrate and comparison with register No.22
Receipt of party to whom payable.
Remarks
No. of days
Rate per diem
8
9
10
11
12
13


Crl.Reg.22-D Cash book.
Cash account of the office of the :
Dr.
Date
No. of item or folio in ledger
Particulars
Receipts
Head of account or heading of item
Cash
Bank or treasury






Cr.
Date
Number
Folio in ledger
Particulars
Disbursements
Head of account or heading of item
Item
Voucher
Cash
Bank or treasury
1
2
3
4
5
6
7
8
Brought forwarded Carried over Carried over
Instructions:
1.    All cash transactions should be shown in this register except salaries, traveling allowances fines, money realized by forfeiting security bond of witness, accused and sureties.
2.    Sale proceeds being an occasional item of receipts though shown in property register should also be shown in the book.
3.    The cash book should be balanced once a month.


Criminal Register No.23 Register of long pending cases

Sl.
No.

Date and no. of authorizing tr. To this register
Date of entry in the register

No. and date of cases

Description of accused

Description of offence

Date of offence.

Date of issue of proclamation u/s 82 Cr.P.C.

1
2
3
4
5
6
7
8

Date fixed for appear- ance
Date of attachment
Description of property attached
Method and date of disposal of property attached
Date of recording evidence u/s219 of Cr.P.C.
Date of appearance or death of accused.
Remarks
9
10
11
12
13
14
15

 

Crl. Register No.24  Record Destruction Register


year
Number
Date of disposal
Date of disposal of revision petition if any
Date upto which to be retained
Date of destruction
Remarks
Part I
Part II
Part I
Part II
1
2
3
4
5
6
7
8
9

Instructions:
1.    The entries in col. 1 to 3 and 5 and 6 of this register should be made as soon as the cases are received in the record room.
2.    The entry in co. 4 should be posted when the appeal or revision petition if any is disposed of and the papers are received I the record room
3.    Col. 7 and 8 should be filled in only after the records actually destroyed.
 


Criminal Register No.25 Register of Summary trials held before the magistrate.

Sl. No.
Date of the com- mission of offence
Date of the report or complaint
Name of the complainant
Name parentage and residence of the accused person
offence
Complained
Proved, if any.
1
2
3
4
5
6
7

Value of property in respect of which offence committed
The plea of the accused and his examination if any
Finding and in the case of conviction brief statement of the reasons thereof
Sentence or other order
Date on which the proceedings tearminated.
8
9
10
11
12


 Criminal Register No.26 Statement of preliminary enquiries held before

No. of the case
Name of the accused
Substance of the complainant
Name of the complainant
Name of witnesses for the prosecution
Result of enquiry
1
2
3
4
5
6

Date of
Explanation of delay.
Offence
Complaint
Apprehension of apperance
Closing enquiry
7
8
9
10
11


Crl. Register No.27 Register of fines in respect of which payments are payable to Local bodies

Date of payment of fine into treasury
No. of case
Amount paid
Refund or remission if any
Expenditure to be deducted if any
Net amount payable
Remarks.
1
2
3
4
5
6
7
Instructions:
1.    A page or a set of pages should be allotted for fines levied under each Act and relating to each local body.
2.    To enable a monthly comparison and reconciliation with the figures as per Appendix C to Tr. Sub-Account No.11 the extracts should work up to the figures of Account Credited in item 3(b) of the statement of fines in form No.30.
3.    The total of the col. “net amount payable” for a year indicates the amount payable by the District and Sessions Judge.
4.    A departmental register in this form should be maintained in all the criminal courts in the districts except sessions courts. An extract from this register should be attached to the monthly statement in Crl. Reg. Form No.30.
5.    The District Magistrate should also maintain a register in this form and post therein the figures stken from the statement received from the subordinate courts and effect reconciliation of the figures monthly with the treasury figures so that there may be no delay or difficulty in payable the grants to local bodies at the end of the year.

Form No.30

Fine statement of the court of for the month of


Arrear
current
Remarks
1
2
3
4
1.    Demand
(a)Fines to be credited to Government
(b)Fines to be credited to local bodies
© Compensation amounts etc.
2 Collections
3 amount Credited into the treasury
(a)             to the government
(b)            to be credited to local bodies
(c)             compensation, amounts etc.
3                   Amount written off.
4                   Remitted on appeal
5                   Balance.



9(a)



Certified that the above is a correct statement of fines and compensation amounts imposed, levied written of and remitted on appeal in my court during the month of _______

Magistrate/Judge (contd.)
Fines statement ( contd.)

Certified that the amounts shown against item 3 were remitted into the treasury in the month of ___________


Sub-treasury officer.
Instructions:
1.    if the amounts shown in col. 2 and 3 do not agree the reasons should be explained in the columns for remarks.
2.    The order sanctioning the writing off of any amount shyuld be quoted in columns for remarks.

 
Form No.30-A Working sheet for fine recovery ( to be maintained by all criminal courts except Sessions Court)

Sl. No.
Date of imposition of fine
Case no.
Arrear de,amd
Amount collected and remitted to treasury with date
January
February
March
July
August
September
Collection
Remit- tance
Col- lection
Remit- tance
Collection
Remit- tance
1
2
3
4
5
6
7
8
9
10

Amount collected and remitted to treasury with date.
Amount written off
Amount remitted in appeal
Remarks.
April
May
June
October
November
December
Collec-tion
remittance
Collec- tion
Remittance
Collec- tion
Remittance
11
12
13
14
15
16
17
18
19









To be maintained in separate sections under the three heads specified in item 1 of Administrative form No.30.  2 The sheets will be written up afresh in January and July each year.  3. Entries regarding collection and remittance should be initialed by the Magistrate beneath each entry.  4 Dates to be entered beneath the relative amounts as denominators.

Form No.31: Statement of cases in which sanction to write off is requested.

No. and year of case
Name of accused
Amount of fine
Date of sentence
Steps taken to realize the fine
Remarks
1
2
3
4
5
6