NDPS - Statutory Bail – Incomplete Charge Sheet – FSL Report Requirement – Entitlement to Bail – The petitioner, charged under Sections 21C/25/27A/29 of the NDPS Act, applied for statutory bail on the 183rd day, arguing that the charge sheet filed on the 177th day was incomplete due to the absence of the FSL report – Held: A charge sheet filed within 180 days without ...
Bail under NDPS Act – Commercial Quantity – Stringent Conditions of Section 37 – Bail Denied – The applicant, arrested at IGI Airport with 107 capsules containing heroin weighing 1,061 grams, sought bail contending improper sampling and delay in filing Section 52A application – Held: The seized contraband was well over the threshold of "commercial quantity" ...
Principles of Natural Justice – Personal Hearing – The petitioner was not granted a personal hearing before the issuance of the impugned orders under Section 74 of the UPGST Act, despite requesting it in writing – Court emphasized that an opportunity of hearing is mandatory under Section 75(4) where any adverse decision is contemplated against the person charged – Reaffirme...
Criminal Law – Murder Conviction – Appeal against the conviction under Sections 120B and 302 IPC – Appellants convicted for the murder of the deceased based on circumstantial evidence and medical testimony – High Court reversed the Trial Court’s acquittal and sentenced the appellants to life imprisonment – Prosecution established the guilt of the appellants beyo...
Criminal Law - Arms Act – Illegal Possession of Firearms – Recovery and Seizure Procedure – Conviction Set Aside – The petitioner was convicted under Section 25(1-B)(A) of the Arms Act for possession of two unlicensed pistols – Independent witnesses did not support the prosecution’s case, and they were declared hostile – The prosecution’s case relied...
Negotiable Instruments – Simultaneous Civil and Criminal Proceedings – Section 138 of the NI Act – Quashing Rejected – The petitioner sought to quash proceedings under Section 138 of the Negotiable Instruments Act on the grounds that a civil suit for recovery of the same amount was already pending – The respondent had filed a complaint due to dishonor of a cheque issu...
Criminal Law – Remission of Sentence – Conditions Imposed – The appellant was convicted under Section 302 read with Sections 147 and 148 of the IPC and sentenced to life imprisonment – The State Government of Gujarat remitted the appellant's remaining sentence under Section 432(1) of the CrPC – However, conditions were imposed including that the appellant must &qu...
Criminal Law – Murder Conviction – Acquittal – Witchcraft Allegation – Sections 302, 201 IPC – Sections 3/4 of Prevention of Witch (Daain) Practices Act – Appellant convicted for the murder of his sister-in-law, branded as a witch – Conviction based on circumstantial evidence and alleged confession – Trial court sentenced him to life imprisonment &nd...
Negotiable Instruments – Dishonor of Cheque – Presumption under Sections 138, 139, and 118(a) N.I. Act – Once the issuance of the cheque is admitted or established, a presumption arises that the cheque was issued for a legally enforceable debt or liability – The burden is on the drawer to rebut this presumption – The Supreme Court found that the respondent failed to a...
Pre-Arrest Bail – Alleged Sexual Intercourse on False Promise of Marriage – Petitioner accused of establishing a sexual relationship with the survivor on the false promise of marriage – Prosecution alleged that petitioner retracted his promise when the survivor became pregnant – Crime registered under Section 376(2)(n) IPC – Petitioner claimed the relationship was con...