Criminal Law – Common Intention under Section 34 IPC – Mere Presence Insufficient for Conviction – The Supreme Court held that for applying Section 34 IPC, prosecution must prove prior meeting of minds and a common intention to commit the crime – The High Court erred in convicting the appellants solely on the ground that they were present in the same vehicle as the main acc...
Land Acquisition – Compensation Under 2013 Act – Supreme Court’s Powers Under Article 142 – The respondents, landowners, sought compensation for acquired lands – The Supreme Court, following K.L. Rathi Steels Ltd. (2024) 7 SCC 315, directed that compensation be paid under the 2013 Act – The time for fresh acquisition proceedings under Section 24(2) of the 2013 A...
Quashing of Criminal Proceedings – Section 482 CrPC – Sale of Drugs without License – Manufacture vs. Wholesale Sale – No Violation Established – The appellants, engaged in manufacturing and selling medical gases, were charged under Section 18(a)(vi) read with Section 27(d) of the Drugs and Cosmetics Act, 1940 for allegedly selling Nitrous Oxide I.P. to an unlicensed ...
Criminal Revision – Reversal of Acquittal by High Court - Scope of Revisional Jurisdiction – Section 401(3) CrPC – High Court, in exercise of its revisional jurisdiction, reversed the acquittal of the appellants and convicted them for murder under Section 302 IPC—Held: Section 401(3) CrPC expressly prohibits conversion of acquittal into conviction—High Court exceeded ...
Criminal Law – Murder - Appeal against Conviction - Murder vs. Culpable Homicide – Exception 1 to Section 300 IPC – Grave and Sudden Provocation – The accused, deceased, and their friend had been drinking alcohol throughout the day. The deceased misbehaved with the accused’s wife in the presence of her family members, leading to a confrontation. In the heat of the mom...
Rape Case – Age Determination – School Records – Standard of Proof – Acquittal – Appeal allowed – The appellant was convicted under Sections 376(1) and 450 of IPC for allegedly committing rape on a prosecutrix aged 12 years – Prosecution relied on the school register to establish the prosecutrix's age – Held: School register entries are inadmissi...
Criminal Law – Dishonour of Cheque – Appeal Against Acquittal - Validity of System-Generated Cheque Return Memo – Section 146 of NI Act – The trial court rejected the cheque return memo (Exhibit-2) on the ground that it did not bear an official seal or signature of the bank. However, Section 146 of the NI Act presumes a bank’s slip or memo denoting dishonour to ...
NDPS - Interim Custody of Seized Vehicle – Confiscation Not Automatic – Section 457 Cr.P.C. – Order Denying Custody Set Aside – The trial court erred in rejecting interim custody of the seized vehicle merely on the ground that it may be confiscated if the offence is proved – Confiscation is subject to trial and can only be ordered upon proof of guilt beyond reasonable...
Criminal Procedure - Protest Petition Against Final Report – Magistrate’s Discretion – Section 190(1)(b) Cr.P.C. – No Error in Accepting Closure Report – A magistrate has four options when considering a final report: (i) accept and drop proceedings, (ii) take cognizance and issue process, (iii) order further investigation, or (iv) treat the protest petition as a compl...
Bail under NDPS Act – Commercial Quantity – Conscious Possession – Applicant sought bail in a case involving seizure of 1880 grams of MDMA, well above the commercial quantity threshold of 10 grams – Prosecution established that the applicant inquired about the parcels containing contraband, attempted to collect them while concealing his identity, and fled upon sensing law e...