Examination of accused under Section 313 of the Criminal Procedure Code - Importance of putting material circumstances to the accused - Failure to put incriminating evidence to the accused constitutes a serious irregularity - Prejudice caused to the accused - Curability of the defect depends on various factors, including the passage of time since the incident - Unjust to remand the case after a si...
Regular Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Parity with Co-Accused - Length of Custody as a Factor - Petitioner sought regular bail in a case registered under Sections 15 and 29 of the NDPS Act, 1985 - Petitioner claimed parity with a co-accused previously granted regular bail - Court considered the importance of custody duration as a factor in bail decisions under the ND...
Section 436-A of the Cr.P.C. provides that an under-trial cannot be detained for a period longer than the maximum punishment provided for the offence. The applicant had already exceeded the maximum prescribed sentence for the non-bailable offence, entitling him to release on bail. [Para 17, 34-35]
The offence under Section 389 of the IPC is a bailable offence. Considering the facts an...
Criminal Procedure - Bail application under Section 439 of the Code of Criminal Procedure - Charges under the NDPS Act - Recovery of "Commercial Quantity" of poppy pods - Consideration of Section 37 of the NDPS Act for granting bail - Prima facie satisfaction required - Likelihood of influencing witnesses or absconding (Para 9).
Falsification of Involvement - Allegation of f...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50(1) - Compliance - Mandatory requirement - Failure to adhere vitiates conviction - Right to be searched before a gazetted officer or magistrate - Individual communication of right - Joint communication may create confusion and dilute significance of the right - Accused must be made aware of their right to exercise it effectively. [Pa...
Passport Act, 1967 – Section 6(2)(f) – Applicability – Post Conviction or Acquittal Proceedings – Scope and Interpretation – High Court not a Criminal Court – Constitutional Rights – Denial of Passport. [Para 24]
Interpretation of Statute – Section 6(2)(f) of Passport Act – Not Applicable to Post-Conviction or Post-Acquittal Proceedings &nda...
Criminal Bail Petition - Regular Bail - FIR registered under various sections including the Petroleum and Minerals Pipelines Act, Explosive Substances Act, and Prevention of Damage to Public Property Act - Petitioner not named in original FIR, implicated based on disclosure statements of other arrested accused - Petitioner in custody since 23.08.2022, none of the 30 prosecution witnesses examined ...
Criminal Procedure - Regular Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail application under Section 439 of Cr.P.C. - Petitioner seeking regular bail in a case registered under Sections 22-C of the NDPS Act - Petitioner in custody for over two years - Investigation completed, but trial likely to take more time - Petitioner not involved in any other case - Violation of right un...
Criminal Revision – Conviction under Sections 323, 325, and 504 IPC – Appellate Court adding conviction under Sections 323/34 and 325/34 IPC – Challenge to the legality of conviction – Failure to establish common intention or pre-arranged plan – Inference of common intention should not be reached unless necessary inference deducible from circumstances of the case &nda...
Quashing of FIR - Allegations under Section 306 IPC and Sections 6, 18, 8, 21 of the Protection of the Children from Sexual Offences Act, 2022 (POCSO Act) - Incident of suicide by a student due to alleged harassment, bullying, and torture by classmates at the school - Jurisdiction of the High Court to examine the petitioner's plea for quashing the FIR and consequential proceedings
POCSO Act...