Bail – Commercial Quantity of Ganja – Rebuttal of Statutory Presumption under Section 37 of the NDPS Act – Bail Granted - The petitioner was found in possession of 200 kg of ganja, classified as a commercial quantity under the NDPS Act, raising a statutory presumption against bail under Section 37 – The petitioner argued procedural violations, particularly improper sampling...
Criminal Law - Quashing Criminal Proceedings – Scope of Section 354D IPC – Analysis of the stalking offense under Section 354D IPC revealed insufficient grounds as the accused’s actions did not imply intent to outrage the modesty of the respondent – Held that conflicts between the petitioner and respondent do not fall within the purview of stalking under Section 354D IPC [P...
Labour Law - Industrial Disputes – Relevance of Additional Documents – Section 10(1B)(d) of the Industrial Disputes Act – Petition to Submit Evidence Denied - The petitioner sought permission to submit additional documents before the Industrial Tribunal to demonstrate the respondent's alleged misconduct, arguing that these documents, including criminal complaints and general ...
Criminal Law - Double Jeopardy – Parallel Prosecution – Section 304-A IPC vs. Section 92 of the Factories Act – Quashing of Proceedings – The petitioners challenged the simultaneous criminal prosecution under Section 304-A of IPC alongside charges under Section 92 of the Factories Act, 1948, for the same incident of a worker's death due to electrocution at the factory &...
Criminal Law - Sanction for Prosecution – Validity – Prevention of Food Adulteration Act, 1954 – Appeal Challenged – The appellant, a Food Inspector, challenged the acquittal of the accused by the trial court on the ground that the sanction for prosecution was improperly granted – Held: The trial court's finding that the sanctioning authority did not possess the r...
Criminal Law – Revision Petition – Acceptance of Final Report – Petitioner challenged the order of the Additional Chief Judicial Magistrate accepting a final report as Mistake of Fact without due notice to the complainant – High Court found improper service of notice and set aside the Magistrate’s order [Paras 1-14, 21-23].
Service of Notice – Legal...
Criminal Law – Quashment of FIR and Charge-Sheet – Applications seeking to quash the FIR, charge-sheet, and criminal proceedings against the applicants – Allegations involve assault and use of criminal force against police personnel by prisoners in a temporary prison – Applicants argue procedural improprieties and lack of specific roles attributed to them – Court reje...
Forum Shopping and Non-Disclosure in Bail Applications – Cancellation of Bail – Section 439(2) CrPC – Bail initially granted to the accused, Rajesh Singh, was challenged by the complainant, alleging forum shopping and misrepresentation by the accused, who filed multiple applications without disclosing facts to obtain interim relief – The High Court found that the accused&rs...
Criminal Law - Conviction Modified from Murder to Culpable Homicide – Sudden Quarrel and Lack of Premeditation – Appeal Partly Allowed – The appellants were convicted under Section 302 IPC following a violent altercation over land, during which the deceased, Bahal, was fatally injured by the appellants using agricultural tools. Held: The Court found that although the appellants c...
Bail Application – Principle of Bail as a Rule, Jail as an Exception – The Court reiterated the principle that bail should be the norm and jail the exception, especially when an accused has been in prolonged custody. The petitioner has been detained since September 2020, and given the stage of the trial and lack of criminal antecedents, extended custody was deemed unwarranted [Paras 40...