Criminal writ - Preventive Detention – Article 19(1)(a) vs Article 22 – Detention Held Valid – Petitioners contended that detention for making speeches affecting public order infringed their right to free speech under Article 19(1)(a) and was therefore unconstitutional – Supreme Court reaffirmed the principle laid down in A.K. Gopalan v. State of Madras that a law relating ...
Cognizance of Offence – Stage of Taking Cognizance – Section 190 CrPC – Distinction between police investigation and initiation of proceedings – Held: Cognizance is taken when the Magistrate applies his judicial mind for proceeding under Chapter XV CrPC, not when issuing warrants during investigation – Magistrate in present case took cognizance only on 25th March 1949...
Article 32 Writs – Special Tribunal Convictions – Finality and Maintainability – Sections 417, 430 CrPC – Part III enforcement via habeas corpus/certiorari/prohibition – Where convictions and sentences have been affirmed by the competent appellate court prior to 26/01/1950, the principle of finality applies – Supreme Court will not, in Article 32, re-open or ind...
Criminal Law - Murder – Section 302 IPC - Appeal Against Acquittal – Presumption of Innocence Reinforced – Section 417 CrPC – Supreme Court held that in an appeal against acquittal, appellate court must accord proper weight to trial court’s judgment and should not reverse findings unless compelling reasons exist – High Court erred in reversing a detailed and rea...
Criminal Law - Murder – Section 342 CrPC – Duty to Put Each Incriminating Circumstance – Trial Vitiated – At Sessions, the Judge merely read the committal examination and asked if it was correct – He did not question the accused about material circumstances emerging at trial (presence at Deohri, motive, extra-judicial confessions, dying declarations, and human blood o...
Appeal Against Acquittal – Scope of High Court’s Power – Sections 417 & 423 CrPC – Presumption of Innocence Reinforced – The High Court reversed the acquittal and convicted the accused on detailed reappraisal of evidence – Held: Though the High Court’s powers in an appeal against acquittal are as wide as in an appeal against conviction, interference is...
Revision Against Acquittal – Scope of High Court’s Power – Sections 417 and 439 CrPC – High Court exceeded jurisdiction – Appeal lay to High Court against acquittal only at the instance of Government under Section 417 – A private complainant cannot secure reversal of acquittal through revision under Section 439 by re-appraisal of evidence – Findings of fac...
NDPS Act – Compliance with Section 50 – Personal Search – Validity of Conviction – Accused alleged total non-compliance with Section 50 – Evidence of PW10 (main raiding officer) confirmed that accused was informed of his right to be searched before a Magistrate or Gazetted Officer – Corroborated by PW5 and PW9 – Casual wording in PW1's testimony not fa...
Criminal Law – Murder – Bail – Circumstantial Evidence – Applicant accused of murdering the deceased by beheading him and disposing of body parts in gunny bags – FIR registered under Sections 302 and 201 IPC – Application under Section 483 BNSS for regular bail – Defence contended that recovery of body was planted, CCTV footage inconclusive, and motive unp...
Criminal Revision – Service of Notice on Foreign Entity – Section 105 CrPC – Not Mandatory – UBS Switzerland AG, de facto complainant in a criminal case involving misappropriation of pledged goods worth Rs. 55 crores, challenged the order dispensing with notice under Section 105 CrPC on ground of international reciprocity – Held: Section 105 CrPC deals with ...