Criminal Law – Cognizance – Non-speaking Order – Directors of Pharmaceutical Company – Accused persons including Directors of M/s Cadila Pharmaceuticals Ltd. and associated distributors challenged cognizance order for offences under Drugs and Cosmetics Act – Held: Order passed without assigning reasons or recording satisfaction – Magistrate failed to demonstrate...
Criminal Law – Counterfeit Currency – Interpretation of Section 489B IPC – Possession vs. Trafficking – Mens Rea – Reference Answered by Larger Bench – Where substantial amount of Fake Indian Currency Notes (FICNs) are recovered and the accused offers no explanation during examination under Section 313 CrPC, possession is not dormant but active – Use of ph...
Negotiable Instruments Act – Suspension of Sentence – Condition of Deposit – Mandatory Nature – No Exception Made – Petitioner convicted under Section 138 NI Act sought suspension of sentence during pendency of appeal – Appellate court suspended sentence conditionally upon deposit of 20% of compensation amount – Petitioner challenged order citing financial...
Criminal Law – Quashing of FIR – BUDS Act – Large-scale investment fraud – FIR discloses cognizable offences – Civil dispute argument rejected – Section 27 BUDS Act not applicable to offences relating to Unregulated Deposit Schemes – Yellappa precedent applied – Held: Investigation must proceed; quashing refused – Petitions dismissed [Paras 8&n...
Unlawful Activities (Prevention) Act, 1967 – Section 43-D(5) – Bail – Prolonged Custody – Right to Speedy Trial – Article 21 – Appellant accused of aiding and abetting hoisting of “Khalistani” flag on D.C. Office, Moga, under influence of banned organization “Sikhs for Justice” – No recovery from appellant except mobile phone &ndash...
Criminal Law – Abetment of Suicide – Conviction under Section 306 IPC set aside – Trial court convicted appellants based on suicide note and testimonies alleging monetary harassment related to cricket betting – Suicide note recovered a day after incident under suspicious circumstances – Recovery witnesses admitted signatures were obtained at police station and not on-...
Criminal Law – Forgery – Recruitment Fraud – Dual Identity – Conviction Upheld – Petitioner filled two online applications under different names (Balwinder Singh and Baljinder Singh) to appear twice in physical recruitment test for post of constable – First attempt on 27.07.2016 resulted in failure – Second attempt under false identity detected on 17.08.20...
Criminal Law – Section 156(3) Cr.P.C. – Direction to Register FIR – Commercial Dispute – Allegations Do Not Disclose Cognizable Offence – Magistrate’s Order Set Aside by Revisional Court – Upheld – Petitioners entered MoU for real estate investment; alleged misrepresentation and fraud by developers – Magistrate directed FIR registration under S...
Criminal Law – Rape Allegation – Acquittal – Appellant convicted by trial court under Section 376(2)(i) IPC and Section 3/4 POCSO Act, 2012 for allegedly committing rape on a 7-year-old girl – Trial court sentenced him to 14 years RI under IPC and 7 years RI under POCSO Act with fines under both provisions – On appeal, High Court finds that key prosecution witnesses i...
Prevention of Money Laundering – Discharge Application – Scope under Section 227 CrPC – Petitioners sought discharge from prosecution under PMLA on the ground that cognizance in predicate offence (scheduled offence) stood quashed – Special Court rejected the application – Held: Offence under Section 3 PMLA is a standalone and continuing offence – Proceedings und...