NDPS Act – Successive Bail – No Change in Circumstances – Application Dismissed – The applicant moved a second regular bail application under Section 483 BNSS – The court found no change in circumstances since rejection of prior bail – Held: Successive bail not maintainable in absence of fresh grounds; rejection sustained [Paras 1.0, 6.0, 10.0].
NDPS Act &nda...
Writ of Mandamus – Section 67B of the Information Technology Act - Child Pornography Allegation – Teaser of Movie "Bad Girl" on YouTube – Direction Issued for Removal – Petitioners alleged that the teaser of a Tamil film hosted on YouTube contains child pornographic and obscene content in violation of child protection laws – Despite filing complaints with re...
Second Regular Bail – Sections 307, 324, 323, 506, and 34 of the IPC - Extended Custody and Near Completion of Trial – Bail Granted – The petitioner, accused of attempted murder in a familial dispute, sought bail after over three years in custody – The Court found the prosecution evidence nearly concluded, with only one witness left, reducing risk of tampering – Held:...
Criminal Law - Sections 4 and 5 of the Explosive Substances Act & Section 7 and 25 of the Arms Act – Acquittal Upheld – Arms and Explosives Case – Prosecution Version Unreliable – The appeal challenged the judgment dated 02.01.2014 passed by the Special Judge (Principal Sessions Judge), Jammu, acquitting the respondents of charges under the Explosive Substances Act, Arm...
Criminal Appeal – Conviction under Section 302/149 and 147 IPC – Sentence Modified for Juvenility – Appeal filed against conviction and sentence of life imprisonment for murder committed by unlawful assembly – Appellants Chhedi and Madan claimed to be below 16 years of age at the time of offence – Court accepted school leaving certificate and municipal birth records &...
Criminal Taxation Law - Habeas Corpus – Illegal Detention – Arrest Declared Illegal – Constitutional Safeguards Violated – In a petition under Article 226 seeking release of the detenue, the Court found that the Directorate General of GST Intelligence officials had kept the detenue in custody for over 30 hours without presenting him before a Magistrate and without serving g...
Criminal Law - Sections 342 and 376 IPC - Conviction for Rape and Wrongful Confinement – Delay in FIR – Explanation Satisfactory – Conviction Upheld – FIR lodged after 20 hours due to young age of victim and long distance to police station – Victim’s statement consistent and corroborated by medical and documentary evidence – Held: Delay not fatal – C...
Criminal Law - Section 193, 406, 418, 420, 423, 468, 469 of IPC - Criminal Complaint – Second Quashing Petition – Not Maintainable – Review Impermissible – The High Court allowed a second quashing petition under Section 482 CrPC, despite an earlier petition on identical grounds having been dismissed – Held: Raising previously available pleas in a second peti...
Criminal Law - Sections 3(1)(viii), 3(1)(ix), and 3(2)(vii) of the SC/ST Act – Quashing of Proceedings under Section 482 CrPC – High Court Order Upheld – Appellant alleged mala fide prosecution by public officials for opposing wrongful land allotment – High Court found no evidence of caste-based discrimination or mala fide intention – Held: The initiation of proceedin...
Criminal Revision – Conviction under Arms Act – Acquittal Ordered – Petitioner was convicted under Sections 25(1-B)(a) and 26 of the Arms Act for alleged illegal possession of a country-made pistol and cartridges – Trial Court and Appellate Court upheld the conviction – High Court on revision found discrepancies in recovery location and nature of ammunition – He...