Money Laundering – Bail Application – Role in Proceeds of Crime – Applicant sought regular bail after being charged for his involvement in the money laundering activities of the "Mahadev Online Book" betting syndicate – Prosecution alleged that the applicant actively facilitated operations, including managing funds, handling visas for associates, and holding asset...
Criminal Law - Adjournments – Excessive and Repeated Requests – Court’s Duty to Prevent Abuse of Process – Repeated adjournments sought by the petitioner/accused for leading defence evidence were granted, including a final opportunity on 11/11/2024 – Despite this, no evidence was produced on 21/12/2024 – Held: The petitioner’s conduct was aimed at delaying...
False Information to Authorities – Section 58(2) of the NDPS Act – Disproportionality in Sentencing – Petitioner accused of providing false information to authorities, leading to the arrest of an innocent woman (Sheela Sunny) under Section 22(c) of the NDPS Act – Held: False implication in NDPS cases can have devastating consequences; penalties for such false accusations mu...
Criminal Procedure – Recording of Second Statement under Section 164 CrPC – Legal Validity – The prosecutrix's father moved an application for recording her second statement under Section 164 CrPC, claiming that the earlier statement was false and implicating the applicant would amount to abuse of process – Held: While the law permits recording of multiple statements un...
Criminal Law - Juvenile Justice – Quashing of Cruelty Charges Against Teacher for Disciplinary Action – Section 528 BNSS – Petition to quash charges under IPC Section 324 and Section 75 of the JJ Act, alleging physical discipline of a student who used abusive language towards the teacher – Prosecution alleged unnecessary suffering inflicted on the child, while the defense a...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Conviction and Sentencing – Section 21(c) NDPS Act – Possession of Commercial Quantity – Appellants convicted under Section 21(c) NDPS Act for possession of narcotic cough syrups containing Codeine Phosphate – Trial Court sentenced appellants to 12 years rigorous imprisonment and fine of Rs.1,10,000/- each, with a...
NDPS Act, 1985 and Cr.P.C. – Section 457 – Interim Release of Vehicles – Applicability in NDPS Cases – Reference answered concerning the applicability of Cr.P.C. provisions for interim release of vehicles seized under the NDPS Act – Supreme Court's recent decision in Bishwajit Dey v. State of Assam, 2025 SCC OnLine SC 40, considered – Held: NDPS Act does not...
Criminal Law – NDPS Act – Seizure of Contraband – Acquittal – Appeal by Prosecution – Respondents allegedly found in possession of 10,000 capsules of spasmo proxyvon containing Tramadol, a psychotropic substance – Trial court acquitted the respondents due to procedural lapses – High Court upheld the acquittal, holding that the prosecution failed to comply ...
NDPS Act – Recovery of Charas – Appeal by the State challenging the acquittal – Conviction - Compliance with Section 42 of NDPS Act – Case of Chance Recovery – Not Attracted – It was argued that non-compliance with Section 42 of the NDPS Act rendered the prosecution's case invalid as the investigating officer suspected contraband before conducting the ...
Criminal Law – Acquittal Appeal – Scope of Appellate Review – Acquittal Upheld – Appeal by the State under Section 378(1)(3) of the Code of Criminal Procedure, 1973, challenging the acquittal of the accused for alleged cruelty and abetment of suicide under Sections 498-A, 306, and 114 IPC – The prosecution alleged that the deceased Kantaben was harassed by her in-laws...