Bail in NDPS Cases – Section 37 NDPS Act – Prolonged Pre-Trial Custody – Bail Granted - The petitioner was accused of supplying narcotic drugs based on the disclosure statement of co-accused and call detail records – The prosecution failed to produce independent corroborative evidence such as recovery from the petitioner – The Supreme Court has granted bail in similar...
Bail - Money Laundering – Double Jeopardy – Applicant contended that he cannot be prosecuted in India after conviction in the United States—Held: Prosecution in India is permissible if the offences are distinct—Foreign conviction does not create an absolute bar on domestic prosecution—Bail denied [Paras 7, 20].
Money Laundering – Admissibility of Foreign Conv...
Dowry Death – Essential Ingredients of Section 304-B IPC – Failure to Prove Cruelty or Harassment Soon Before Death – Conviction Set Aside - The Court reiterated that for a conviction under Section 304-B IPC, the prosecution must prove that (i) the death occurred under abnormal circumstances within seven years of marriage, (ii) soon before her death, the deceased was subjected to...
Criminal Law – Murder – Appeal against conviction - Reliability of Eyewitness Testimony – The conviction of the appellant was primarily based on the statements of two eyewitnesses (PW-4 and PW-5) – Both witnesses made material omissions in their testimonies regarding the stabbing incident – Their statements contradicted each other and were not supported by independent...
Dishonour of Cheque – Conviction under Section 138 NI Act – Compounding of Offence Permissible at Any Stage – The petitioner, an exporter, had issued a cheque in favor of the respondent for Rs. 43,73,398/- towards settlement of outstanding dues—On presentation, the cheque was dishonoured with an endorsement ‘Account Closed’—Legal notice was issued, but the...
NDPS Act – Bail in Commercial Quantity Cases – Prolonged Incarceration as a Ground – The petitioner was charged under Sections 8(c) r/w 22(c) and 29 of the NDPS Act for allegedly facilitating drug trafficking by arranging accommodation and making financial transactions – Two previous bail applications were rejected due to prima facie involvement and statutory embargo under ...
Criminal Law – Quashing - Retaliatory FIR – Timing of Complaint – Malicious Prosecution Inferred – The husband filed a suit under Section 9 of the Hindu Marriage Act on 18/10/2023, and the wife lodged the FIR shortly thereafter on 27/10/2023. No explanation was provided for the delay in filing the complaint, despite her claim of being driven out of the matrimonial home on 2...
Criminal Law – Bail Application – Protection of Children from Sexual Offences (POCSO) Act – Applicant accused under multiple provisions, including Sections 498-A, 323, 504, 506, 363, 366A, 376(2)(N) IPC, Sections 5(L)/6 of the POCSO Act, and Sections 3/4 of the Dowry Prohibition Act – Allegations include harassment of wife for dowry and engaging in illicit relations with mi...
Criminal Law - False Promise of Marriage – Absence of Deception – Quashing of FIR – The prosecutrix alleged that the appellant engaged in sexual relations with her under the false pretext of marriage – The prosecution relied on Section 90 IPC, arguing that the prosecutrix’s consent was obtained through misconception of fact, thereby making it a case of rape ...
Dowry Harassment – Demand for Gold – Section 498A IPC and Section 4 DP Act – Conviction Upheld – The appellant married the complainant (PW-4) on 31.03.2006, but the marriage lasted only three days – It was alleged that the appellant and his family demanded 100 sovereigns of gold, failing which the appellant refused to participate in wedding ceremonies – The High...