Narcotic Drugs and Psychotropic Substances Act, 1985 – Conviction and Sentencing – Section 21(c) NDPS Act – Possession of Commercial Quantity – Appellants convicted under Section 21(c) NDPS Act for possession of narcotic cough syrups containing Codeine Phosphate – Trial Court sentenced appellants to 12 years rigorous imprisonment and fine of Rs.1,10,000/- each, with a...
NDPS Act, 1985 and Cr.P.C. – Section 457 – Interim Release of Vehicles – Applicability in NDPS Cases – Reference answered concerning the applicability of Cr.P.C. provisions for interim release of vehicles seized under the NDPS Act – Supreme Court's recent decision in Bishwajit Dey v. State of Assam, 2025 SCC OnLine SC 40, considered – Held: NDPS Act does not...
Criminal Law – NDPS Act – Seizure of Contraband – Acquittal – Appeal by Prosecution – Respondents allegedly found in possession of 10,000 capsules of spasmo proxyvon containing Tramadol, a psychotropic substance – Trial court acquitted the respondents due to procedural lapses – High Court upheld the acquittal, holding that the prosecution failed to comply ...
NDPS Act – Recovery of Charas – Appeal by the State challenging the acquittal – Conviction - Compliance with Section 42 of NDPS Act – Case of Chance Recovery – Not Attracted – It was argued that non-compliance with Section 42 of the NDPS Act rendered the prosecution's case invalid as the investigating officer suspected contraband before conducting the ...
Criminal Law – Acquittal Appeal – Scope of Appellate Review – Acquittal Upheld – Appeal by the State under Section 378(1)(3) of the Code of Criminal Procedure, 1973, challenging the acquittal of the accused for alleged cruelty and abetment of suicide under Sections 498-A, 306, and 114 IPC – The prosecution alleged that the deceased Kantaben was harassed by her in-laws...
Criminal Contempt – Baseless Allegations Against the Court and Registry – Proceedings Upheld – Allegations made in a legal notice questioned the procedure of mentioning and listing cases before the Court. The Respondent alleged improper clearing of objections by the Registry, leading to deliberate scandalization of the Court – Held: The allegations were baseless, and the Re...
Quashing of Criminal Proceedings – Section 482 CrPC – Lack of Prima Facie Case – Proceedings Quashed – Allegations of harassment, physical assault, and criminal intimidation during wrongful termination – Held: Prima facie ingredients of offences under Sections 323, 504, 506, 509, and 511 IPC not disclosed – Discrepancies in complaint and chargesheet indicate a m...
Criminal Law – Conviction and Sentencing – Section 498A IPC and Section 4 of the Dowry Prohibition Act (DP Act) – Modification of Sentence – Appellant convicted under Section 498A IPC and Section 4 of DP Act for subjecting his wife (PW-4) to harassment with unlawful demands for dowry – Trial Court sentenced the appellant to three years imprisonment under Section 498A ...
Criminal Law - Challenging dismissal of discharge - Prevention of Corruption Act and Indian Penal Code – Discharge of Accused – Allegations of Misappropriation – Petitioner (Accused No. 11), a customer of Elamgulam Service Co-operative Bank Ltd, charged under Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988, and Sections 409, 420, 468, 4...
Negotiable Instruments Act – Interim Compensation – Prospective Effect of Section 143A – Amendment introducing Section 143A is prospective in operation – Provision applies only to complaints filed after its enactment on 01.09.2018 – Imposition of interim compensation on complaints filed prior to this date is impermissible – Held: Legislative intent and settled p...