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...
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...
Police Misconduct – Violation of Arnesh Kumar Guidelines – High-Handedness Found – The petitioner alleged physical abuse by Haryana Police during investigation and wrongful arrest without adherence to guidelines laid down in Arnesh Kumar (2014) – The Supreme Court observed prima facie that there was evident high-handedness on part of the police – Held, even an accused...
Criminal Law - Summoning of Additional Accused – Scope of Section 319 Cr. PC – Satisfaction beyond Prima Facie – Summoning Restored – The Sessions Judge allowed the appellant’s application under Section 319 Cr. PC to summon Rajesh Kumar and Neeraj as additional accused based on PW-1’s evidence alleging their direct involvement – The High Court reversed the...
Regular Bail - NDPS Act - Compliance with Section 50 – Procedural Violation Alleged – Petitioner alleged that search of vehicle and subsequent dissent memo were recorded in violation of Section 50, NDPS Act and Apex Court guidelines – Search was conducted before informing accused of his rights – Held: Prima facie violation noted but court refrains from making conclusi...
Negotiable Instruments Act – Section 138 – Valid Loan Transaction and Dishonoured Cheque – Conviction Upheld - The petitioner contended that no loan was availed and the cheque was misused – The Court upheld concurrent findings of both courts holding that the accused had availed Rs.1 crore as loan and had issued cheque (Ex.P4) and acknowledgment (Ex.P2 & Ex.P3) – D...
Criminal Procedure – Challenge to Cognizance – Revision Already Dismissed – 482 Application Dismissed – The applicants sought quashing of the cognizance order dated 01.03.2024 on the ground of jurisdiction, alleging that the FIR was beyond territorial jurisdiction and constituted a second FIR – The Court found that the challenge had already been rejected in revision b...
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...
Bail Application – Prolonged Incarceration – Right to Speedy Trial – Bail Granted - Applicants had undergone pre-trial incarceration for over 13 years without conclusion of the trial – The Court held that such prolonged detention amounts to pre-trial punishment and violates the right to speedy trial under Article 21 of the Constitution – The trial was stalled due to m...