Criminal Law – FEMA Act - Compounding of Offence – Maintainability after Adjudication – Compounding Application Rejected – Petitioner sought compounding of offence under FEMA after conclusion of adjudication and imposition of penalty – Held: Once adjudication concludes, application for compounding is impermissible – The intent of compounding is to avoid adjudica...
Murder vs. Culpable Homicide – Sudden Provocation – Conviction Modified – Altercation Led to Single Blow – Appellant, involved in a road rage incident, delivered a single blow with an iron rod to the deceased during a spontaneous altercation – Supreme Court held there was no premeditation or intention to kill – Conviction modified from Section 302 to Section 304...
Criminal Law – Murder – Appeal against conviction – Circumstantial Evidence – Key Witnesses Disbelieved – Conviction Set Aside – The prosecution’s case based on eye witness, last seen evidence, and extrajudicial confession was disbelieved by the High Court itself – The Supreme Court held that the benefit of such findings must equally apply to similar...
Criminal Revision – Appeal against Conviction - Food Adulteration – Synthetic Colour in Dal Masur – Conviction Justified – Dal Masur found adulterated with synthetic colour 'sunset yellow', a prohibited additive not permitted under Rule 29 of the PFA Rules – Court held that even if colour is permitted for other foods, its use in Dal Masur is strictly prohibite...
Compounding of Offence – Section 138 NI Act – Consent of Complainant Mandatory – Application Dismissed - The petitioner sought compounding of the offence on the basis of partial deposit of compensation – The complainant opposed the request and refused to consent – Held: Compounding under Section 138 read with Section 147 NI Act requires consent of complainant; Courts ...
Criminal Law - Bail – Section 14-A SC/ST Act – Double Murder Allegation – Bail Denied - Appellant sought regular bail after rejection by Special Judge in a case involving lynching of two individuals accused of theft – Court noted deceased had named appellant in medical history prior to dying declaration – Held: Multiple consistent versions and severity of offence just...
NDPS Act – Non-compliance with Sections 42 and 52A – Conviction Set Aside – The appellants were convicted for possession of 600 kg of ganja under Section 8© read with Section 20(b)(ii)(C) of the NDPS Act – The Court found serious procedural lapses, including improper sealing, storage, and delay in producing contraband before the court – Investigating officer fail...
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 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...