POCSO Act – Child Victims – Vulnerable Witnesses – Bailable Warrants – Petition by minor victims – Three minor girls aged approximately 15 years, allegedly subjected to repeated sexual assault by five accused persons – Bailable warrants issued against petitioner no. 1 (PW-2) for non-appearance, set aside by this Court on 28.05.2025 – Petition thereafter ta...
NDPS Act – Section 50 – Personal Search – Third Option – Non-Compliance – Accused apprehended carrying bag containing 11 kg 50 grams of charas – Trial Court convicted and sentenced accused to 10 years rigorous imprisonment with fine of Rs. 1,00,000 – High Court acquitted accused holding that Investigating Officer offered accused a third option of being sea...
Criminal Law – Proclaimed Offender – Section 82(4) Cr.P.C – Applicability – Petitioner declared proclaimed offender for offences under Sections 463, 466, 467 IPC – Held: Said offences not covered under Section 82(4) Cr.P.C – Declaration as “proclaimed offender” illegal – At best could be declared proclaimed person under Section 82(1) Cr.P.C [Pa...
Police Protection – Property Rights – Petitioner sought protection against trespass and obstruction by private respondents – Civil court decree granted injunction in petitioner’s favour – Respondents continued interference despite decree – Held: Police bound to ensure protection of lawful possession and prevent breach of peace [Paras 3, 16].
Title and Possess...
Default Bail – Section 167(2) Cr.P.C. – Indefeasible Right – Duty of Magistrate to Examine Applicability of Offences – The right to statutory bail is a constitutional guarantee flowing from Article 21 and becomes indefeasible once default in filing charge-sheet within the stipulated period is demonstrated – Magistrate is not expected to mechanically order detention ba...
Criminal Law – Culpable Homicide – Conviction under Section 304 Part II IPC – Reversal – Prosecution case based on alleged assault by accused with sticks and hoe – Majority of eye-witnesses turned hostile and did not support prosecution – Medical evidence inconsistent and case papers indicated “accidental injuries” – FIR and subsequent statemen...
NDPS – Bail – Commercial Quantity of Charas – Rejection of Regular Bail – Petitioner sought regular bail in Crime No. 52 of 2022 registered by NCB for offences under Sections 8, 20, 25 and 29 NDPS Act – Recovery of 1.950 kilograms of charas effected from vehicle occupied by petitioner and co-accused – Held: Since quantity recovered was commercial quantity, rigou...
Criminal Law – Sections 147, 148, 186/34, 353/34, 307/34 IPC – Unlawful Assembly – Obstruction of Public Servants – Acquittal – Appellants convicted by Additional Sessions Judge, 5th Fast Track Court, Malda for allegedly forming an unlawful assembly on 09.03.1993 at Piyasbari, armed with arrows, hasua, lathis and other weapons, and obstructing and assaulting police pe...
Prevention of Corruption Act, 1988 - Illegal Gratification - Conviction under Section 7 and Section 13(2) - Appellant serving as Constable in Excise Department demanded Rs. 500/- as illegal gratification from complainant involved in contraband liquor business - Threatened complainant with false implication if amount not paid - Trap organised by Vigilance Department on 19.06.1990 - Five currency no...
Criminal Law – Discharge – Re-allotment of Institutional Plot – Former Chief Minister ordered re-allotment of resumed plot to AJL at original rates plus interest – Decision ratified unanimously by Authority – No court declared re-allotment illegal – No material showing wrongful loss or pecuniary gain – Held: Essential ingredients of Sections 120-B, 420 IPC...