Quashing of FIR – Insufficient Evidence Claims – High Court’s Decision Reversed – The High Court had quashed an FIR implicating Respondent No.1 for lack of direct evidence of bribery and monetary demand – The Supreme Court found this approach legally unsustainable, noting the premature dismissal of credible investigatory evidence including a pendrive indicating involv...
Criminal Law – Conviction based on Eyewitness Testimony – Assessment of Reliability – Criminal Appeal against conviction for murder under Section 302 IPC – Sole purported eyewitness’s testimony scrutinized for consistency with initial statements – Significant contradictions found between informant’s fardbeyan and court deposition – Held that informan...
Criminal Law – Quashing of Charges – Section 482 Cr.P.C. invoked for quashing the charges framed against the petitioners under Sections 498-A and 323 IPC for alleged dowry harassment – Background involves the marriage of non-petitioner No.2 with Suresh Kumar Narania and subsequent accusations of cruelty and dowry harassment by her in-laws and sister-in-law – Charges of 406 ...
Grant of Bail – NDPS Act – Application under Section 439 CrPC for grant of regular bail in connection with FIR registered under Sections 8(c), 22(c), and 29 of NDPS Act – Held, bail granted based on the absence of clear evidence linking petitioner directly with the contraband and inconsistencies in the prosecution's case. [Paras 1, 27-28]
Role of Accused in Narco...
Detention Order and Background – Detention order issued under Section 3(1) of COFEPOSA against Sayyed Hussain Madar @ Chand on 02.05.2005 for involvement in smuggling 635.556 metric tonnes of diesel valued over Rs. 2.30 crores, detained posthumously challenged by his widow, Fazila Sayyed – Background of smuggling operations described, involving vessel M.T. AL SHAHABA and unloading oper...
Petitioner's Claim of Veto Power – Claims by petitioner to represent "We, the People of India" and purported 'veto power' to secure release of the Chief Minister (Respondent No.5) from custody in all criminal cases – Court dismisses claims as unfounded and fantastical – Locus standi and public interest litigation principles discussed – No substance in ...
Condonation of Delay & Grant of Leave – Special leave petition delayed by 2461 days; delay condoned due to lack of legal knowledge and assistance while in incarceration; leave granted to appeal High Court's judgment [Paras 1-4].
Challenged Judgment – High Court upheld trial court's life sentence for murder under Section 302 IPC dated back to 2001; Supreme Court...
Bail Application - Petitioner under arrest for involvement in a drug racket operated from jail - FIR includes serious charges under NDPS, PC, and Prison Acts - Petitioner seeks bail on grounds that the seized quantity is less than commercial, and the rigors of Section 37 NDPS Act do not apply - Rigorous conditions proposed for bail compliance [Paras 1, 3-4, 6-7, 13].
Criminal Network ...
Filing of Criminal Writ Petition under Article 226 – Petitioners seeking directions for protection against threats to their life and liberty – Relationship between the major petitioner No. 1 and minor petitioner No. 2 (17 years & 9 months) is a matter of their personal choice and stated to be consensual [Para 1, 2].
Notice and Representation – Initial hearing and...
Bail Application – NDPS Act – Second bail application filed after chargesheet submission – First bail application dismissed with liberty to reapply post chargesheet – Alleged false implication and fabrication of evidence by police – CCTV footage and purchase bills not considered by Investigating Officer – Fair investigation not conducted – Bail granted wit...