Bail Jurisprudence – SCs & STs (PoA) Act – Grant of Bail Post-Investigation – Held: Appellant accused of caste-based violence under the SCs & STs (PoA) Act granted bail – Court considered completion of investigation and absence of apprehension of evidence tampering – Observed that allegations require examination during trial – Bail granted on conditions ...
Criminal Law – Education Rights of Prisoners – Petitioner, an accused in a criminal case involving serious charges under the Indian Penal Code and Unlawful Activities Prevention Act, seeks direction to grant admission to the LL.B. course in Siddharth College of Law – Petitioner appeared for the Maharashtra CET law examination under permission from the Special Court, passed the ex...
Criminal Law – Quashing of Complaint – Civil Dispute Labeled as Criminal – Abuse of Process of Law – Complaint under Sections 417 and 418 IPC alleged the manufacture of sub-standard medicines by petitioners, causing loss to respondent company – Held: Dispute emanated from a trademark license agreement and was purely civil in nature – No fraudulent or dishonest i...
NDPS Act – Recovery of Contraband – Procedural Lapses and Compliance Issues – Acquittal Ordered – Appellant convicted for transporting poppy husk without adherence to NDPS Act's procedural safeguards – Evidence showed recovery of 50 bags of poppy husk weighing 40 kg each, concealed under other goods – Court found non-compliance with Section 52A of the NDPS A...
Criminal Law - Robbery – Identification Without TIP – Conviction Upheld – Appellants challenged the conviction, arguing no Test Identification Parade (TIP) was conducted and that the complainant identified them in court for the first time – Court noted the complainant’s testimony was consistent and trustworthy, and TIP is not mandatory where the court finds the witnes...
Criminal Law - Acquittal in Essential Commodities Act Violation – Prosecution’s Burden of Proof – The State challenged the trial court’s acquittal of the accused, arguing that the unlicensed possession of rapeseed oil contravened essential commodity regulations. The court noted that the prosecution failed to substantiate ownership and possession of the storage site, undermi...
Passport Application – Rejection on Grounds of Family’s Criminal Antecedents – Fundamental Rights Violated - The Court examined the rejection of passport applications on the ground of criminal records of the petitioner’s husband and father-in-law – Held: Criminal antecedents of family members cannot influence assessment of the petitioner’s character or eligibili...
Criminal Law - Section 353 IPC – Requirements for Offence – Absence of Ingredients – Discharge Allowed - The provisions of Section 353 IPC were examined to determine whether the accused used criminal force or assaulted public servants to obstruct their duty – Held: None of the prosecution's five witnesses stated any assault or obstruction, nor was any prima facie eviden...
Criminal Law – Impleading Additional Accused – Power under Section 319 CrPC – High Threshold of Evidence Required – Petition filed to challenge rejection of application under Section 319 CrPC to add Smt. Shanthi Roache (wife of existing accused) as an additional accused, on grounds she had knowledge of the spurious liquor activities conducted by her husband – Trial co...
Rowdy History Sheet – Personal Liberty – Deletion Ordered – The petitioner sought removal of his name from the rowdy history sheet, arguing harassment and absence of convictions in 20 out of 21 cases – Held: Retaining the petitioner’s name without any conviction amounts to infringement of liberty; inclusion prejudices reputation and liberty, contrary to Article 21 of ...