Bail Application – Non-commercial Quantity Consideration – Applicant sought bail for charges under NDPS Act, contending false implication and non-commercial quantity of seized drugs – Court assessed statutory conditions under Section 37 of the NDPS Act and Supreme Court's rulings in Tofan Singh and Mohd Muslim @ Hussain cases – Applicant, without prior criminal history ...
Criminal Law - Writ of Mandamus and Transfer of Investigation - Writ petition filed under Article 226 of the Constitution of India seeking to transfer investigation of Crime No. 212/2024 from Mannanthala Police Station to a higher-ranking officer, preferably of IPS cadre - Petitioner, a healthcare professional, alleges biased investigation due to political influence - Court finds o...
Criminal Law – Offences under Sections 354, 294(b), 323 IPC and Section 4(1)(i) of Kerala Healthcare Service Persons and Healthcare Service Institutions (Prevention of Violence and Damage to Property) Amendment Act, 2023 – Petition for transfer of investigation and anticipatory bail – High Court’s dismissal of bail application and writ petition – Importance of custodi...
Criminal Law – Appeal against denial of bail under Sections 120-B & 153-A IPC and Sections 17, 18, 18B, 20, 22, 38 & 39 of UAPA – High Court upheld denial of bail due to substantial evidence against the appellant, including involvement in PFI’s activities aimed at establishing Islamic Caliphate, radicalizing youths, and facilitating terrorist training – Appellant&rs...
Criminal Procedure Code – Statutory Bail under Section 167(2) – Filing of Charge Sheet – Criminal revision petition against order rejecting statutory bail – Allegation of robbery at gunpoint – FIR registered and petitioner apprehended – Charge sheet filed electronically within 90 days but physically submitted after 90 days – Petitioner’s claim of rig...
Criminal Law – Anticipatory Bail – Rejection – Criminal petition seeking anticipatory bail under Section 438 CrPC – Allegations of bribery involving a Clerk and a Nodal Officer under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PNDT Act) – Demand of bribe to settle a notice issued under the PNDT Act – Prima facie evidence of conspiracy and d...
Bail – Section 439 Cr.P.C. – NDPS Act – Prolonged Custody and Delay in Trial – Bail applications by petitioners arrested with 23600 tablets of Tramadol Hydrochloride. Petitioners in custody since 27.11.2020, with trial progress minimal, citing only 3 out of 13 witnesses examined over 3.5 years. Held: Prolonged incarceration violates Article 21 of the Constitution. Supreme C...
Criminal Law – Anticipatory Bail – Application under Section 438 of the Cr.P.C – Petitioner sought anticipatory bail in connection with FIR No. 80/2024 registered at Police Station Crime Branch, Delhi for offences under Sections 21, 25, 29 of the NDPS Act – Information received regarding drug peddlers leading to the arrest of co-accused and recovery of 1010 grams of heroin ...
Criminal Law - Conviction and Sentence - Criminal appeal against conviction for dowry death under Section 304B IPC and cruelty under Section 498A IPC - Appellant convicted by Trial Court - Sentenced to 10 years rigorous imprisonment under Section 304B and 2 years under Section 498A, with a fine and default imprisonment - Appeal challenges validity of conviction and sufficiency of evidence - High C...
Criminal Law – Regular Bail under Section 439 Cr.P.C. – Appeal against High Court’s orders granting bail to accused in a double murder case – High Court’s orders set aside due to failure to consider the gravity of the offense, the role attributed to the accused, and the potential for witness tampering – Accused directed to surrender within two weeks [Paras 2, 6-...