Bail Application – Regular Bail – Appellants accused of drug smuggling and financing terrorism – Held in custody for nearly four years – High Court granted bail emphasizing the constitutional right to speedy trial and personal liberty – Bail granted with strict conditions despite stringent provisions under UAPA and NDPS Act [Paras 1-29].
Constitutional La...
Misuse of Criminal Proceedings in Commercial Dispute – Appeal against frivolous criminal proceedings initiated for personal vengeance in a civil matter – Accusations of cheating and forgery in a financial transaction between corporate entities – Abusing legal system by disguising a commercial dispute as a criminal case, leading to unnecessary litigation and misuse of judicial res...
Criminal Law – Bail – Section 439 Cr.P.C. – Application for bail by the accused implicated in a narcotics case – Accused has been in judicial custody for 190 days – No final report filed – Entitled to statutory bail under Section 167(2) Cr.P.C. and Section 36A(4) NDPS Act – Bail granted with conditions [Paras 1-12].
Narcotic Drugs and Psychotr...
Narcotic Drugs – Admissibility of Samples – Conviction under Sections 20(b)(ii)C and 29 of the NDPS Act challenged – Appellants contended that samples drawn at the scene were not forwarded for chemical examination, violating Section 52A – Court noted failure to forward primary evidence, the samples drawn in presence of Magistrate – Held, conviction and sentence unsust...
Criminal Law – Abetment of Suicide – Appeal against High Court order dismissing revision application against Trial Court’s refusal to discharge – Allegations of harassment and physical abuse by wife leading to husband’s suicide – No proximate link established between alleged conduct and suicide – Essential ingredients of instigation or active role in abetm...
Quashing of Criminal Proceedings – Defective Vehicle – Compensation in Lieu of Replacement – The High Court quashed the FIR against the respondents for alleged cheating in the sale of a defective BMW car, but directed the replacement of the vehicle with a new one. The Supreme Court, noting the prolonged nature of the dispute and the manufacturer’s compliance willingness, di...
Criminal Law – Maintenance for Divorced Muslim Women – Appeal challenging reduction of interim maintenance from INR 20,000 to INR 10,000 per month – Appellant argued applicability of the Muslim Women (Protection of Rights on Divorce) Act, 1986 over CrPC – High Court upheld maintainability of maintenance under CrPC – Supreme Court affirmed, highlighting the continued e...
Criminal Law – Murder Conviction – The appellant was convicted for the murder of Muthu due to an altercation over non-payment of electricity bills. The prosecution relied on eyewitness testimony to establish that the appellant attacked the deceased with a billhook, causing fatal injuries. The Supreme Court upheld the conviction under Section 302 IPC, rejecting the defense's argumen...
Criminal Procedure – Bail Conditions – Imposition of Unusual Conditions – Petitioner released on bail with condition to deposit passport – Petitioner did not possess passport – Trial Court failed to consider affidavit and investigating officer’s statement confirming non-possession – Trial Court directed Petitioner to deposit passport within four months, im...
Custodial Death – Conviction and Sentencing – Appellant (A1) and co-accused (A2) were convicted by the trial court under Section 302 read with Section 114 IPC for causing the death of the deceased, Jeeva, through physical violence in police custody – High Court altered the conviction to Section 304 Part I IPC, sentencing A1 to eight years rigorous imprisonment and a fine – ...