Criminal Law – NDPS Offence – Anticipatory Bail – Recovery from Vehicle – FIR registered after recovery of 421 grams of heroin from scooter allegedly abandoned at the scene – Scooter traced to petitioner, who claimed it had been taken by a friend without his knowledge – Representation made by petitioner’s father not found credible – No recovery effec...
Criminal Law – Prevention of Corruption Act – Disproportionate Assets – Quashing of FIR – FIR registered against a public servant alleging possession of disproportionate assets under Section 13(1)(b) r/w Section 13(2) PC Act – Held: Though preliminary enquiry is not mandatory in every corruption case, registration of FIR without recording and disclosing credible sourc...
Service Law – Dismissal of Civil Defence Volunteers – Nature of Dismissal – Stigmatic vs. Simpliciter – Dismissals under Section 6(2) held to be stigmatic in substance – Petitioners dismissed from Civil Defence Corps without reasons or inquiry – Court finds dismissals cloaked as simpliciter but actually punitive due to non-joining of COVID-19 duty and alleged mi...
Criminal Law – Quashing - Forgery – Submission of Tampered Bank Statements – Applicant challenged summoning order under Section 466 IPC alleging lack of mens rea and wrongful gain – Court found material discrepancies between ICICI bank statement submitted before Maintenance Court and original statement obtained by police – Entries reflecting significant transactions w...
Criminal Law – Discharge – Forest Fire Incident – Trekking Tragedy – Appellant, a Forest Officer, arraigned for offences under Sections 304 (Part II), 326, 338 and 304A IPC for deaths and injuries caused to trekkers during Kurangani forest fire – Allegation that appellant permitted trekking and received trekking fees – Trial Court and High Court refused discharg...
Negotiable Instruments Act – Section 138 – Conviction and Sentence – Trial court convicted petitioner for dishonour of cheque and imposed sentence of one year simple imprisonment with compensation of Rs.18,00,000/- – Appellate court suspended sentence subject to deposit of 20% of compensation – Legality of such conditional suspension examined [Paras 1–3].
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Criminal Law – Murder and Attempt to Murder – Conviction under Sections 302 and 307 IPC – Acquittal on Appeal – Appellant convicted by Trial Court for shooting deceased and injuring two others – High Court finds that prosecution failed to prove the case beyond reasonable doubt due to serious contradictions in ocular, medical and scientific evidence – Held: Convi...
Criminal Law – Murder – Appeal against Conviction – Life Imprisonment – Appellants convicted under Section 302/34 IPC for causing death of deceased Kallu by lathi and danda – During pendency of appeal three appellants died and appeal abated against them – Appeal considered only in respect of surviving appellant Bakuni – Held: Prosecution failed to prove gu...
Prevention of Money Laundering Act – Cognizance of Offence – Supplementary Complaint – Validity – Petition challenged order taking cognizance of supplementary complaint arraigning additional accused after cognizance had already been taken in original complaint – Held: Cognizance is taken of the offence and not the offender – Concept of “second cognizance&r...
Default Bail – NDPS Act – Section 36A(4) – Extension of Investigation Period – Petitioner arrested on 15.05.2025 – Statutory period of 180 days expired on 11.11.2025 – Special Court granted extension of 120 days on 31.10.2025 on report of SPP – Accused neither produced physically nor virtually and no notice given at the time of consideration of extension &...