Criminal Law – NIA Act, 2008 – Maintainability of Section 482 Cr.P.C. Application – Refusal to Discharge – Section 21(1) – Applicants charged under Sections 121-A, 153-A and 295-A IPC investigated by UP Police – Special Judge NIA rejected discharge application – Application under Section 482 Cr.P.C. filed challenging the refusal to discharge – Prelim...
Criminal Law - Sections 17, 18, 61 and 85 NDPS Act – Acquittal – Tampering with Case Property – Chain of Custody – Accused were intercepted on a scooter on 26.12.2001 and 950 grams of opium recovered from a bag carried by Matu Ram – Case property sealed by ASI/Investigating Officer with seal RKM and thereafter re-sealed by the officiating SHO (PW1-Surat Singh) with se...
Electronic Evidence – Right to Cloned Copy – Hash Value – Fair Trial – Accused in a Prevention of Corruption Act case sought supply of a cloned copy of the original digital voice recording with hash value and production of the original recording device, alleging that only a CD without hash value was furnished, which was not an authenticated copy – Trial Court rejected...
Criminal Law – Section 412 IPC – Receiving property stolen in dacoity – Essential ingredients – Prosecution must prove recovery of looted property, knowledge or reason to believe it was stolen in dacoity, and nexus with dacoits – Failure to establish identity of recovered property and knowledge of accused – Held: Conviction unsustainable [Paras 22–23, 39, ...
NDPS – Conviction under Section 21(c) – Recovery of Codeine-Containing Cough Syrup – Commercial Quantity – Four accused intercepted at a public place on the basis of secret information — 175 bottles of Codeine-containing cough syrup recovered from bags, plastic sacks and a ladies purse in their possession — FSL report confirmed presence of Codeine Phosphate and ...
NDPS – Bail – Commercial Quantity – Foreign National – Illegal Custody – Article 21 Override – Applicant, a foreign national, was intercepted at IGI Airport on 02.07.2024 and 8 capsules containing cocaine recovered at the Airport itself from her undergarments – She was then taken to Safdarjung Hospital where 34 more capsules were eased out – Total re...
Criminal Procedure – Proclaimed Person vs. Proclaimed Offender – Section 82(4) CrPC – NDPS Offences – Petitioner granted bail in NDPS case, failed to appear on one date due to miscommunication, bail cancelled, non-bailable warrants issued, proclamation effected on 13.02.2025 and petitioner declared proclaimed offender on 17.03.2025 – Held: Declaration as proclaimed of...
POCSO Act – Aggravated Penetrative Sexual Assault – Section 6 – Conviction Upheld – Accused, the cousin brother and blood relative of the minor victim aged 14 years, subjected her to repeated forcible sexual intercourse from the time she was in 9th standard, taking advantage of the prohibited familial relationship and the victim's vulnerability as her parents were stayi...
Criminal Law – Murder – Section 302 IPC altered to Section 304 Part II IPC – Remand Ordered – Appellant convicted for murder committed on 28.10.2000 – Sessions court awarded life imprisonment – High Court on appeal, after 21 years, altered conviction to Section 304 Part II IPC with 5 years rigorous imprisonment through amicus curiae appointed in the absence of a...
NDPS Act – Bail – Sections 21 and 25 – Quantity Below Commercial Threshold – Section 37 Not Applicable – Applicant arrested on 28.03.2025 for alleged recovery of 6.08 grams of heroin from speedometer of his motorcycle – Challan filed – 11 out of 19 witnesses examined – Trial not likely to conclude in near future – Multiple prior NDPS cases regi...