Narcotic Drugs and Psychotropic Substances Act – Regular Bail – Individual vs. Collective Recovery – Petition for bail where 1 kg opium was recovered from petitioner and 9 kg from co-accused. Held, the total quantity should not be considered collectively when individual recovery is effected. Individual recovery from petitioner is non-commercial quantity, making Section 37 of NDPS...
Juvenile Justice – Determination of Age – High Court reversed the findings of the 4th Additional Sessions Judge Satna and accepted the plea of juvenility for the first respondent based on fabricated documents – Supreme Court emphasized the procedure under Rule 12(3) of the Juvenile Justice (Care and Protection of Children) Rules, 2007 for age determination, allowing medical exami...
Criminal Law – Acquittal – Arms Act Sanction Requirement – Appeal challenging the acquittal of respondents for charges under Sections 307, 326, 452 read with Section 34 IPC, and Section 27 of the Arms Act. Held, as per the mandatory provisions of the Arms Act, prosecution requires prior sanction from the District Magistrate, which was absent in this case. The trial court's ac...
Criminal Law - Bail - Principles for Granting Bail – Criminal petitions for bail under Section 439 Cr.P.C. by individuals accused of economic offenses involving significant tax evasion through the creation of fake firms – Court reaffirms that bail is the rule and jail is the exception, emphasizing personal liberty under Article 21 of the Constitution – Held that refusal of bail m...
Criminal Law - Bail - Factors for Granting Bail - Section 439 Cr.P.C. -
Petitions for regular bail in a case of alleged tax evasion through fake firms and fraudulent transactions—Petitioners argued that continued detention was unjustified—Held, bail is the rule and committal to jail an exception—Refusal of bail is a restriction on personal liberty guaranteed under Article 21&m...
Criminal Law – NDPS Act – Recovery and Presumption – Appellant convicted for possessing 47.370 Kgs. of ganja – Conviction based on the testimony of the investigating officer (PW-7) and lack of corroboration by independent witnesses who turned hostile – Supreme Court highlights procedural lapses and inconsistencies, particularly regarding the involvement and statements...
Criminal Law – Murder Conviction – Appeal against conviction under Sections 302/34 IPC – Appellants convicted for the murder of Amar Tanti based on the testimonies of the deceased's parents, alleged eyewitnesses (PW-2 and PW-3) – Supreme Court finds inconsistencies and improbabilities in their testimonies, leading to reasonable doubt about the appellants' guilt &nda...
Criminal Law – Murder and Attempted Murder – Appeals challenging High Court's judgment upholding conviction and sentences – Alleged discrepancies in evidence, inconsistencies in witness testimonies, lack of material recoveries, and dubious dying declarations raised – Supreme Court found significant contradictions and deficiencies in prosecution's case – Benefi...
Criminal Law - Anticipatory Bail - Forgery and Fraudulent Loan Acquisition - Petition under Section 438 Cr.P.C. - Allegations of forging revenue records to falsely show co-accused Satpal’s ownership instead of the complainant’s for securing a bank loan - Petitioner accused of assisting in the fraud - Held, petitioner’s role in creating a charge on the property through forgery is ...
Criminal Law – Conspiracy and Conviction – Appeal against High Court’s confirmation of conviction for offences under Sections 201, 380, 435, 457, and 477 IPC read with Section 120B IPC – Appellant (A-3) convicted solely based on possession of one set of keys under the dual lock system – No direct or overt evidence linking Appellant to theft or conspiracy – Prose...