Criminal Law - NDPS Act – Non-Compliance with Section 42 – Secret Information Not Recorded – Acquittal Upheld - Accused were apprehended with 30 bags of poppy husk hidden under groundnuts in a truck – Court found that secret information received by DSP was neither reduced to writing nor sent to superior officer as required under Section 42 – Held: Mandatory requiremen...
Criminal Law - Quashing of Proceedings – Serious Non-Compoundable Offences – Sections 376 IPC and U.P. Conversion Act – Quashing Denied – Application filed under Section 482 Cr.P.C. seeking quashing of proceedings on the basis of compromise between accused and victim – The Court reiterated that offences involving serious crimes like rape and unlawful religious convers...
Regular Bail – SC/ST Act – Conspiracy and Assault Allegations – Bail Granted – Appellant accused of hatching conspiracy to assault complainant over financial dispute – Co-accused allegedly attacked complainant using weapons, causing grievous injuries – Court held that while injuries were serious, they were not lifethreatening – SC/ST allegations not direct...
Criminal Law – Rape – Appeal Against Conviction - Consistency and Reliability of Victim’s Testimony – Conviction Upheld – The appellant challenged the conviction on the ground that the victim’s story was improbable due to her conduct post-incident and absence of immediate complaint – Held: The victim had reasonable explanation for not lodging immediate com...
Bail under NDPS Act – Recovery Marginally Exceeding Commercial Quantity – Bail Granted – The petitioner was found with 55 kg poppy husk and 500 grams opium – The Court observed that the recovery was marginally over the commercial quantity limit – Petitioner was in custody for 1 year and 5 days – Only 2 out of 20 prosecution witnesses examined – Trial likel...
Criminal Law – Appeal against acquittal - Abetment of Suicide – Essentials of Section 306 IPC – Acquittal Upheld – The Court reiterated that mere harassment or disputes over financial transactions are insufficient to constitute abetment unless direct or indirect incitement to commit suicide is proved – The deceased had the option to seek recovery of debt legally &ndas...
Criminal Procedure – Applicability of Section 256 Cr. PC – Not every absence of complainant leads to acquittal – Restoration of complaint justified – The appellant’s complaint was dismissed for default by the Magistrate during the pandemic despite restrictions and interim stay from the High Court – The Sessions Judge correctly restored the complaint, noting abse...
Criminal Law – Quashing of Summoning - Sanction for Prosecution – Protection under Section 197 CrPC and Section 170 Police Act – Cognizance Quashed - Allegations of excess committed by police officers during investigation and prosecution of complainant – Held: Acts had reasonable nexus with discharge of official duties – Prior sanction was mandatory – Magistrate...
Circumstantial Evidence – Last Seen Theory – Standard of Proof – Appeal Dismissed - The prosecution relied on circumstantial evidence including last-seen theory, police dog trail, accused’s conduct, and past misconduct – The minor witness (P.W.2) who initially supported the last-seen theory turned hostile and admitted inability to identify accused due to darkness &nda...
NDPS Act – Bail in Commercial Quantity – Section 37 NDPS Act – Bail Granted – Petitioner in custody for 1 year 6 months with no criminal antecedents – Although rigors of Section 37 apply, Supreme Court precedents permit relaxation when custody is unduly prolonged – Held: Bail granted subject to conditions [Paras 8-16]. Prolonged Pre-trial Detention – Ar...
