Criminal Law – NDPS Act – Compliance with Section 42 – Mandatory Procedural Requirement – Non-Compliance Vitiates Trial – Although the prosecution claimed a chance recovery of contraband, the circumstances and memos on record indicated prior information—Held: Since there was no compliance with Section 42 i.e., no record of information or intimation to superior o...
Criminal Law – Murder Conviction – Appellants convicted under Section 302 r/w Section 34 IPC for causing death of deceased during a scuffle at his house – Incident arose due to worship at disputed land – Appellants armed with deadly weapons trespassed into deceased's house – Deceased sustained fatal head injury from reverse side of axe – High Court confirmed...
Regular Bail – SC/ST Act – Conspiracy and Assault Allegations – Bail Granted – Appellant accused of hatching conspiracy to assault complainant over financial dispute – Co-accused allegedly attacked complainant using weapons, causing grievous injuries – Court held that while injuries were serious, they were not lifethreatening – SC/ST allegations not direct...
Criminal Law – Transfer of investigation - CBI Investigation – Exceptional Circumstances – Not Made Out – Mere allegation that accused impersonated as an IPS officer and had acquaintance with local police officers is insufficient to warrant CBI investigation – No substantiated claim against investigating officers – Held: The High Court erred in transferring the ...
Criminal Law - NDPS Act – Non-Compliance with Section 42 – Secret Information Not Recorded – Acquittal Upheld - Accused were apprehended with 30 bags of poppy husk hidden under groundnuts in a truck – Court found that secret information received by DSP was neither reduced to writing nor sent to superior officer as required under Section 42 – Held: Mandatory requiremen...
Criminal Writ - Habeas Corpus – Illegal Detention – Arrest without FIR or Grounds of Arrest – Detention Declared Illegal – The detenu was picked up without any FIR or communication of reasons for arrest – FIR was registered hours later, only after a Warrant Officer’s intervention – Held: Arrest violated Articles 21 and 22 and Section 47 of BNSS – Det...
Criminal Law - Quashing of Proceedings – Serious Non-Compoundable Offences – Sections 376 IPC and U.P. Conversion Act – Quashing Denied – Application filed under Section 482 Cr.P.C. seeking quashing of proceedings on the basis of compromise between accused and victim – The Court reiterated that offences involving serious crimes like rape and unlawful religious convers...
Criminal Law – Rape – Appeal Against Conviction - Consistency and Reliability of Victim’s Testimony – Conviction Upheld – The appellant challenged the conviction on the ground that the victim’s story was improbable due to her conduct post-incident and absence of immediate complaint – Held: The victim had reasonable explanation for not lodging immediate com...
Criminal Procedure – Applicability of Section 256 Cr. PC – Not every absence of complainant leads to acquittal – Restoration of complaint justified – The appellant’s complaint was dismissed for default by the Magistrate during the pandemic despite restrictions and interim stay from the High Court – The Sessions Judge correctly restored the complaint, noting abse...
Bail under NDPS Act – Recovery Marginally Exceeding Commercial Quantity – Bail Granted – The petitioner was found with 55 kg poppy husk and 500 grams opium – The Court observed that the recovery was marginally over the commercial quantity limit – Petitioner was in custody for 1 year and 5 days – Only 2 out of 20 prosecution witnesses examined – Trial likel...