Quashing - Criminal Complaint – Section 18(a)(i), 17B, and 27(d) of the Drugs and Cosmetics Act - Conflicting Drug Test Reports – Section 482 Cr.P.C. – Complaint Quashed – The Petitioners, including a pharmaceutical company and its directors, challenged the continuation of prosecution on the basis of a Government Analyst's report (CIPL, Ghaziabad) declaring their ...
NDPS Act – Confiscation of Vehicle – Death of Accused – Trial Abated – Confiscation Not Sustainable – Vehicle seized in connection with possession of opium – Accused died during trial and proceedings abated – Held: Since trial never took place and there was no conviction, acquittal, or discharge, confiscation under Section 60(3) read with Section 63 NDPS A...
PIL - Constitutional Validity – Section 193(9) BNSS and Default Bail under Section 187(3) – Provision Upheld – Challenge rejected to Section 193(9) BNSS, 2023 as arbitrary and violative of Article 21 – Held: Provision allows further investigation post charge-sheet with court permission; safeguards including 90-day limit and judicial oversight provided – No violation o...
Criminal Law – Non-Bailable Warrant and Proclamation – Simultaneous Issuance Impermissible – Orders Quashed – Trial Court issued NBWA and proclamation against petitioner without prior proof of absconding or service of summons – Held: Such simultaneous issuance violates Sections 82 and 87 CrPC – Proclamation must follow failed execution of warrant based on materi...
Money Laundering – Bail on Medical Grounds – Section 45(1) PMLA – Interim Bail Granted – The petitioner, suffering from Spinocerebellar Ataxia Type 12, a rare and incurable neurodegenerative disorder, sought bail on grounds of being “sick and infirm” – Medical Board confirmed severe physical and cognitive disabilities – Held: The petitioner falls wit...
Freedom of Religion – Article 25 of the Constitution – Scope of Worship – Right to Worship Upheld with Restrictions – The Court reaffirmed that public worship is a constitutional right but not absolute – Held: Installation and immersion of Vinayagar idols must conform to public order, environmental laws, and administrative guidelines – Right to worship cannot ov...
Criminal Law - Preventive Relief – Quashing of Notice - Section 160 Cr.P.C. – Political Vendetta Allegation – Petitions Dismissed - Petitioners sought protection from arrest and quashing of notices issued under Section 160 Cr.P.C. in relation to FIRs involving NDPS and Prevention of Corruption Act alleging political harassment after dissociating from ruling party – Held: As...
Anticipatory Bail – Sections 465, 468, 471, 409, and 420 of the IPC - Section 13(1)(c) read with 13(2), Prevention of Corruption Act - Serious Allegations of Corruption – Prima Facie Case Established – Bail Denied - The petitioner, a former writer at the Traffic Enforcement Unit, Muvattupuzha, was accused of misappropriating ₹20,90,750/- through falsification of expenditure vou...
Criminal Law – Conviction for Repeated Rape of Minor – Testimony of Prosecutrix Reliable – Conviction Upheld – The prosecutrix, minor step-daughter of the appellant’s live-in partner, alleged repeated acts of rape over two years at two residences – The Trial Court convicted the appellant based on her consistent and credible testimony – Held: Her vers...
Negotiable Instruments Act – Cheque Dishonour – Section 138 – Appeal Against Acquittal Dismissed – The appellant/complainant alleged that the accused issued four cheques towards repayment of a loan of ₹1,80,000/-, all of which were dishonoured due to insufficient funds – Trial court acquitted the accused citing lack of proof regarding execution and issuance of the c...