Narcotic Drugs and Psychotropic Substances Act, 1985 - Extension of time for investigation - Grant of default bail - Conditions for extension of time - Independent application of mind by Public Prosecutor - Non-receipt of FSL report as a compelling reason - Compliance with Section 36A(4) - Applicability of Section 167(2) of Cr.P.C. - The Public Prosecutor is required to independently apply his min...
Criminal Law – Bail Conditions – Proportionality – Bail conditions must have a nexus to the purpose they serve and be proportional – Court emphasized that conditions leading to the deprivation of rights and liberties must be avoided – Blanket prohibition on social media activity deemed disproportionate and violating freedom of speech [Paras 29-30].
Crimin...
Criminal case – Bail – Petitioner filed for regular bail in FIR No. 148, dated 27th June 2021, under Sections 15, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Petitioner seeks parity with co-accused who was granted regular bail in a previous case (Para 1 and 2).
False Implication Allegation – Petitioner’s counsel alleges that ASI Jagtar ...
NDPS Act – Post-Arrest Bail – Commercial Quantity – Respondent accused of trafficking 50,000 Tramadol tablets (20 kg) – High Court granted bail, ignoring the application of Section 37 of the NDPS Act – Supreme Court quashed the bail order, highlighting the importance of "reasonable grounds" for believing the accused is not guilty and is unlikely to commit an...
Criminal Law – Testimony of Eyewitness – Trustworthiness – Eyewitness testimony found trustworthy and reliable cannot be rejected due to minor contradictions – Conviction upheld despite minor inconsistencies in witness statements [Para 22].
Evidence – Non-Recovery of Weapon – Conviction can be based on ample ocular and medical evidence even if the w...
Dishonour Cheque - Quashing of Complaint Case No.19930/2016 under Section 138 NI Act - Petitioner, Neeta Gupta, seeks quashing of complaint filed by Suman Anand, alleging dishonored cheque of Rs.20,00,000/- - Petitioner claims no involvement as the cheque was signed solely by her late husband and she did not receive the statutory demand notice - Respondent alleges refusal by petitioner to accept n...
Criminal Procedure – Anticipatory Bail – Appeal challenging the High Court’s orders which inquired into unrelated matters during the consideration of an anticipatory bail application – High Court exceeded its jurisdiction by involving third parties and overstepping the scope of Section 438 CrPC – Supreme Court set aside the High Court’s orders, emphasizing that ...
Criminal Procedure Code – Sections 82 and 83 – Quashing of orders – Petitioners sought quashing of order summoning them by way of proclamation under Section 82 Cr.P.C. and declaring them proclaimed persons under Section 83 Cr.P.C. – Petitioners contended that their business had ceased to exist before the pandemic, and they were never served with warrants – Court found...
Criminal Procedure – Appeal against Conviction – Appellant convicted under Sections 302 and 120B IPC and Section 27(1) of Arms Act – Appeal admitted for final hearing – High Court dismissed appeal for non-prosecution as appellant was absconding – Supreme Court set aside dismissal, holding appeal cannot be dismissed for non-prosecution once admitted for hearing –...
Criminal Law – Rape - Conviction and Sentencing - Sonu Surender (Appellant) convicted under Sections 376 (2) (i) and 376 (2) (n), 506(II) IPC, and Section 6 POCSO Act for sexually assaulting a 10-year-old girl - Sentenced to rigorous imprisonment for 10 years and fined ₹2,000 - Appellant's defense of false implication due to financial dispute rejected by the court [Paras 1-2, 27-34].
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