NDPS Act – Compliance with Section 50 – Search Procedure Properly Followed – Bail Denied - The petitioner alleged non-compliance of Section 50 NDPS Act, claiming he was not informed about his right to be searched before the nearest Gazetted Officer or Magistrate – Court held that the petitioner was informed in English of his right under Section 50 and refused to avail it in...
NDPS Act – Bail Application – Prolonged Incarceration – Commercial Quantity – Application under Section 439 Cr.P.C. – Accused in custody since 31.10.2023 for offences under Sections 20(b)(ii)A, 22(c), and 25 of NDPS Act – Trial pending before Additional Sessions Judge-V, Thiruvananthapuram – Petitioner seeks bail citing prolonged incarceration and delay in...
Criminal Law – Appeal against acquittal - Disproportionate Assets – A1 Accused of Amassing Wealth 443% Over Known Income – Acquittal Set Aside – The trial court acquitted the accused holding that A1 and A2 had satisfactory explanations for their income and assets – High Court found that many sources claimed by defense were uncorroborated and erroneously accepted &ndas...
Anticipatory Bail – Bank Fraud – Section 438 Cr.P.C. – Accused Alleged to Have Withdrawn Rs.1.5 Crores – Petitioner added as A20 in large-scale financial fraud involving bank employees and misuse of overdraft and fixed deposit schemes – Court held that custodial interrogation necessary due to non-recovery of funds and lack of explanation – Bail denied [Paras 3&n...
Habeas Corpus – Detention or Voluntary Admission – Allegation of Illegal Custody – Petitioner contended that alleged detenue, a farmer leader on indefinite hunger strike, was illegally detained by the police while returning from a meeting with Government officials – State argued detenue was hospitalized due to health condition and was free to leave – Held: Detenue was...
Criminal Law – Quashing - Abetment of Suicide – Section 306 IPC – Suicide Note Alleging Cheating – No Proximate Act – FIR Filed 39 Days After Death – Accusations Based on Alleged Discovery of Death Note – Court found delay unexplained and suicide note insufficient to establish instigation or abetment – Citing Prakash v. State of Maharashtra, held tha...
Criminal Law – Appeal against conviction - Murder Trial – Contradictory Eyewitness Testimony – Conviction Reversed – Appellant convicted of murder of Zahid Khan alias Guddu— Prosecution relied on four eyewitnesses, but their testimonies conflicted on key facts such as presence, cause of death, and medical disclosure— Delay in recording statements, absence of blo...
Criminal Law - Quashing of FIR – Statement of Co-Accused – Not Grounds for Quashing at Initial Stage – Petition Dismissed – FIR against petitioner was based on statement of a co-accused regarding illegal liquor transport – Court held that though such statements are inadmissible at trial, they can form basis for initiating investigation – Held: At FIR stage, admi...
Criminal Law – Quashing - Prevention of Corruption Act – Disproportionate Assets – Quashing Set Aside – Prima Facie Case Found – Respondent charged for possessing assets disproportionate to known sources of income (Rs. 26.88 lakhs) during 2001–2008 – Discharge and revision applications dismissed on merits – Supreme Court held quashing petition under ...
Criminal Law – Quashing - Cheque Dishonour – Section 138 NI Act - Suppression of Material Facts by Complainant – Complaint Quashed – Respondent filed complaint without disclosing crucial letters from accused requesting documents to respond to statutory notice – SC held: Suppression of relevant facts amounts to abuse of legal process – Complaint and cognizance qu...