Prevention of Corruption Act – Demand and Acceptance – Trap Case – Acquittal Upheld – Accused government servant alleged to have demanded ₹2000 as bribe for effecting mutation entry – Complainant approached ACB, trap laid, and accused caught with tainted money – Trial court acquitted the accused on ground that demand was not proved – Held: Mere inquiry &...
Criminal Law – Quashing of FIR – General and Omnibus Allegations: The Supreme Court held that in the absence of any specific role attributed to the accused-appellants, it would be unjust to subject them to trial. General and omnibus allegations without specificity do not warrant prosecution. The FIR was quashed, and the appeal allowed.
Misuse of Section 498A IPC – Matrimonial ...
Criminal Law – Quashing of Complaint – Vicarious Liability – Directors – Petitioners sought quashing of complaint filed in 1994 under IPC and Excise Act citing lack of specific allegations – Court held that in absence of averments indicating personal role or statutory vicarious liability, criminal prosecution against directors (Petitioners 3 to 9) is not sustainable &...
Criminal Law – Second FIR Quashed – Abuse of Process – Appellant was prosecution witness in CBI case involving bribe to GST officials – Following his adverse deposition against university management, second FIR registered accusing him of harboring the accused – Police filed cancellation report but Magistrate took cognizance on protest petition – Supreme Court he...
NDPS Act – Bail – Commercial Quantity – Section 37 NDPS Act – High Court granted bail without recording mandatory satisfaction under Section 37 – Allegation involved concealment of 731.075 kg of ganja ingeniously hidden in a lorry owned and driven by accused – Supreme Court held that such bail violates settled law requiring strict compliance with Section 37 &nda...
NDPS Act – Possession of Heroin – Sentence Reduced – Appellant found in conscious possession of 35 grams heroin and convicted under Section 21 NDPS Act – Trial Court sentenced him to 08 months' RI and ₹20,000 fine – Appeal filed only on sentence – Held: Though appellant is involved in other NDPS cases, he has already undergone 01 month 19 days in custody, ...
Criminal Law - Money Laundering – Freezing of Property – Requirement of "Reason to Believe" – Section 17(1A), PMLA – Freezing orders dated 05.09.2018 passed by ED under Section 17(1A) were held invalid as they were based solely on "suspicion" without material or reasons recorded in writing – Court held "suspicion" is not equivalent to &qu...
Criminal Law – Quashing of FIR – Prima Facie Case – Allegation of ₹10 lakh bribe involving public servant – Cash recovered from Petitioner’s vehicle – Petitioner not named in FIR but added during investigation – Held: FIR discloses cognizable offence and prima facie material exists – Investigation at nascent stage – No grounds for quashing at...
Criminal Procedure – Additional Evidence – Section 311 CrPC – Prosecution allowed to produce video clip at defence evidence stage – Accused objected citing prolonged trial since 2018 and alleged abuse of process – Held: Trial court rightly exercised discretion to allow additional evidence to discover truth – Technical objections cannot defeat justice [Paras 1&nd...
Narcotic Drugs – Conviction under NDPS Act – Recovery of contraband ganja – Accused A1 and A2 apprehended while in possession of 1.5 kg ganja – Trial court convicted both under Section 8(c) r/w 20(b)(ii)(B) NDPS Act – Acquitted under Sections 25 and 29(1) – A3 absconded and later acquitted – On appeal, A1 reported dead, appeal abated against him – Co...