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...
Criminal Law – Conviction under Sections 498A, 302, and 201 IPC – Conviction set aside due to lack of direct evidence and incomplete chain of circumstantial evidence - The prosecution failed to establish any cogent and consistent link between the appellants and the crime – Star witness PW-15's testimony disbelieved due to delay, omissions, and improbabilities – Defence ...
Circumstantial Evidence – Last Seen Theory – Standard of Proof – Appeal Dismissed - The prosecution relied on circumstantial evidence including last-seen theory, police dog trail, accused’s conduct, and past misconduct – The minor witness (P.W.2) who initially supported the last-seen theory turned hostile and admitted inability to identify accused due to darkness &nda...
UAPA Bail – Prima Facie Case – Appellant Found in Possession of Looted Prohibited Arms – Bail Denied - Appellant apprehended in camouflaged dress along with looted prohibited bore weapons during Manipur ethnic violence – Investigation reveals Appellant’s past criminal history, training, and active participation in PLA activities – Recovery linked to stolen state...
Criminal Law – Quashing - Cheating – FIR under Section 420 IPC – Dispute regarding unpaid dues for coal supplied – Appellant, a businessman, entered into commercial transactions with respondent for supply of coal – Payments defaulted due to business losses – Subsequent notarized agreement for repayment not honoured – High Court refused to quash FIR –...
Criminal Law – Quashing of Criminal Complaint - Defamation – Reporting Public Figure’s Statement – Fair and Truthful Reporting – Summoning Set Aside - Petitioners being editors and journalists had truthfully reported the statement made by MP Bhagwant Mann regarding alleged monetary inducement to the complainant MLA – Court held that the news report merely reprod...
NDPS Act – Bail in Commercial Quantity – Section 37 NDPS Act – Bail Granted – Petitioner in custody for 1 year 6 months with no criminal antecedents – Although rigors of Section 37 apply, Supreme Court precedents permit relaxation when custody is unduly prolonged – Held: Bail granted subject to conditions [Paras 8-16].
Prolonged Pre-trial Detention – Ar...
Criminal Law – Dishonour of Cheque – Conviction under Section 138 of Negotiable Instruments Act – Accused issued cheque for ₹5 lakh towards repayment of debt, which was dishonoured due to insufficient funds – Complainant issued legal notice but cheque remained unpaid – Trial Court convicted accused, sentenced him to 6 months simple imprisonment and fine – Appe...
NDPS Bail – Prima Facie Evidence – Bail Rejected – The petitioner challenged her custody on the ground that her statement under Section 67 NDPS Act is inadmissible and the seizure was procedurally defective – The Court held that independent of the Section 67 statement, there were sufficient prima facie materials including parcel bearing petitioner’s name and number, d...