NDPS Act – Regular Bail – Sections 20(b)(ii)(C), 20(C), 61 and 85 of the NDPS - Commercial Quantity – Petitioner implicated solely on disclosure statement of co-accused – 25.265 kg ganja recovered from co-accused – No recovery effected from petitioner – Petitioner not present at spot – Co-accused already granted regular bail – Investigation completed...
Criminal Revision – Quashing of Proceedings – Alleged Forgery of Vouchers and Cheques in R&D Project – Charge-sheet based on disputed handwriting and encashment of cheques – Handwriting expert repeatedly opined inability to fix authorship of disputed writings qua petitioner – Witnesses admitted handing over withdrawn amounts to another person (Debashis Shome) &nda...
Bail – Assault on Public Servant – Allegation of dragging police constable on bonnet of moving car during lawful checking – Prima facie concerted act by occupants to obstruct official duty – Seriousness of offence and stage of investigation weigh against grant of bail – Role of applicant not found minimal at this stage – Bail rejected [Paras 7, 8, 12, 27].
Ba...
Bail – POCSO Offences – Right of Victim to be Heard – Bail granted to accused in case involving penetrative sexual assault on minor without issuing notice to victim – Section 40 POCSO Act read with Rule 4(13) to (15) of POCSO Rules, 2020 and Section 483(2) BNSS mandate intimation and participatory rights of victim – Held: Victim is entitled to notice and opportunity o...
Criminal Law – Rape and Murder of Minor Girls – Conviction Based on Circumstantial Evidence – Appellant convicted under Sections 302, 376, 363 IPC and Sections 4 and 6 POCSO Act – Prosecution case based primarily on testimonies of three child witnesses and alleged confessional statement leading to recovery – High Court found material contradictions in testimonies of P...
Domestic Violence Act – Amendment of Complaint – Scope and Permissibility – Wife sought amendment under Order VI Rule 17 CPC to incorporate details of shared household and consequential prayer under Section 19 DV Act – Trial Court allowed amendment to enable leading of evidence pursuant to earlier order granting liberty – Appellate Court set aside amendment holding di...
Criminal Law - Motor Vehicle Accident – Death of 44 Passengers – Distinction between Section 304A and Section 304 Part II IPC – Stage carriage bus driven in over speed and rash manner – Passengers repeatedly warned driver to reduce speed – Driver refused stating bus was limited stop and must reach on time – Despite abnormal sound beneath bus and zig-zag movement...
Negotiable Instruments Act – Dishonour of Cheque – Appeal against Acquittal – Trial Court convicted accused under Section 138 NI Act and awarded 2 years’ RI with compensation – Appellate Court reversed conviction holding complainant failed to prove financial capacity and doubted issuance of cheque – High Court held reasoning of appellate court flimsy and based o...
Criminal Law – Dowry Death – Section 304B IPC – Conviction based solely on dying declaration – Deceased sustained 85–90% burn injuries – Doctor admitted no written certificate issued regarding fitness of deceased to give statement – Evidence discloses administration of painkillers, sedatives, analgesics and IV fluids – Hospital case sheet and treatme...
Criminal Law – Limitation – Sections 468, 469(1)(c) and 473 CrPC – Complaint by Drugs Inspector regarding misbranded vaccine – Identity of accused emerged during investigation – Limitation to commence from date identity of offender became known – Complaint filed within three years from such date – Bar under Section 468 not attracted – High Court erre...