Criminal Law – Quashing of FIR - Section 3(1) of the Gangster Act – Procedural Safeguards – FIR and Gang-Chart Quashed – Alleged Violation of Rules – The petitioner challenged the FIR dated 22.11.2023 under Section 3(1) of the Gangster Act – Court found that procedural requirements under Rules 5(3)(a), 16 and 17 of the Gangster Rules, 2021, including “due ...
Criminal Law – Narco Analysis Test– Constitutional Validity – Article 20(3) and 21 – Involuntary Test Impermissible – Direction Quashed – High Court accepted submission from police to conduct narco-analysis test on accused persons during pendency of bail application – Held: Such direction violates the constitutional safeguards under Articles 20(3) and 21 a...
Criminal Revision – Cheque Bounce - Section 138 of the N.I. Act - Evidence – Comparison of Signatures – Use of Photocopy – Forensic Opinion Denied – Trial Court’s permission to compare admitted signatures with signatures on photocopy of partnership deed set aside – Held: Comparison from photocopy unreliable due to possibility of digital tampering – A...
Anticipatory Bail – Sections 65(a), 65(e), 116-B, 81, 83, 98(2) of the Gujarat Prohibition Act - Sections 111(2)(b), 111(3), 111(4) of the BNS - Lack of Conscious Possession – Accused not Found at Scene – Anticipatory Bail Granted – The applicant was implicated based solely on secret police inputs and was not found in conscious possession of liquor during the raid – T...
Criminal Law - Essential Commodities Act – Conviction Based on Evidence – Procedural Irregularities Noted – Despite several hostile witnesses, the trial court convicted the appellant on basis of seizure lists and testimonies of PW-9 and PW-10 – Held: Conviction upheld as evidence showed operation of shop without valid license and stock records [Paras 1–7].
Probatio...
Anticipatory Bail – Corruption Allegation – Section 7 of the PC Act – Bail Denied – Petitioner, a Patwari, sought anticipatory bail in a corruption case alleging demand of ₹60,000 bribe for a favourable inquiry report – Held: Specific allegations supported by audio recording and trap proceedings – No case of false implication or political vendetta made out &nd...
Criminal Law – Section 302, 201, 34 of the Indian Penal Code, 1860 (IPC) - Murder Conviction – Acquittal – Appellant Vaibhav accused of killing friend Mangesh using his father’s service pistol – Trial Court convicted under Sections 302, 201 IPC and Section 5 read with 25(1)(a) of Arms Act – High Court upheld conviction relying on circumstantial evidence and cond...
Criminal Law - Preventive Detention – Misapplication of KAAPA – Detention Order Set Aside – Detention of a person running a licensed lending firm, based on pending cases, held unsustainable as no acts shown to disturb public order – Supreme Court reiterated that preventive detention is a severe measure which should only be applied when there is genuine threat to public orde...
Bail – Rape – POCSO Act - DNA Report – Admissibility at Bail Stage – Interim Assessment - DNA evidence considered as opinion evidence which requires proof in trial – Delay in analysis and questions regarding sample collection and testing procedures raised doubt – Held: DNA report cannot be treated as conclusive proof at bail stage and bail granted considering lo...
Criminal Law – Quashing of Criminal Complaint – Section 4, 5, 19 of the Punjab Land Preservation Act, 1900 (PLPA) - Section 2 and 3A of the Forest Conservation Act - Violation of Forest and Environmental Laws – Continuing Offence – Quashing Declined – Petitioners challenged the complaint and summoning order under PLPA and Forest Conservation Act on grounds of limitati...