Confiscation of Hypothecated Vehicle – Section 63 NDPS Act – Proviso Interpretation – Held, under the proviso to Section 63(2) of the NDPS Act, no order of confiscation shall be made without giving the financier an opportunity of hearing – The Special Court's order confiscating the vehicle without hearing the petitioner is set aside – The case is remanded for fres...
Criminal Procedure – Quashing of FIR – Reinvestigation – Magistrate’s Authority – Petition under Section 482 Cr.P.C. to quash FIR No. 135 dated 13.08.2011 – FIR quashed as Magistrate could not reject cancellation report repeatedly on the same grounds and order reinvestigation – Emphasized that if Magistrate disagreed with the closure report, he should take...
Juvenile Justice – Bail – Juvenile not named in FIR – Co-accused’s disclosure – Impugned orders rejecting bail lacked reference to social background report – Bail allowed – Held, both impugned orders failed to reference or consider the social background report – Courts below based rejection on surmises and conjectures without fulfilling the statutory...
Criminal Procedure – Further Investigation – Court quashed the Sessions Court's order directing further investigation by the CID – Held that the Sessions Court erred in directing a different investigating agency (CID) to conduct further investigation – The power to order further investigation under Section 173(8) Cr.P.C. lies with the original investigating agency unles...
Criminal Procedure – Anticipatory Bail – Multiple FIRs – Modification of Bail Conditions – Petitioners, on anticipatory bail in seven FIRs, were ordered by the Trial Court to furnish two sureties each for every FIR – High Court held this requirement highly onerous – Directed that two sureties each for all seven FIRs would suffice – Relied on Supreme Court ...
Criminal Procedure – Regular Bail – NDPS Act – Non-compliance with Section 42 – Petitioner, arrested for possession of 1 kg of heroin and a pistol, sought bail citing non-compliance with Section 42 of the NDPS Act – Court noted failure to document and communicate secret information as required – Bail granted, recognizing potential document fabrication and extend...
Negotiable Instruments – Section 138 Conviction – Compromise – Conviction under Section 138 of the Negotiable Instruments Act – Petitioner sentenced to rigorous imprisonment and compensation – Appeal dismissed – During revision, parties reached a compromise – Court observed that as the offence is compoundable and the compromise is bona fide, the conviction...
Quashing of FIR – Compromise – Section 482 Cr.P.C. – FIR registered under Sections 420, 467, 468, and 120-B IPC – Dispute amicably settled between parties – Complainant appeared through Power of Attorney – Held, inherent powers under Section 482 Cr.P.C. can be exercised to quash criminal proceedings if the offence is overwhelmingly and predominantly of a civil n...
Quashing of FIR and Conviction – Valid Compromise – Section 482 Cr.P.C. – Held, the High Court has the power to quash an FIR and set aside a conviction on the basis of a valid compromise between the parties – This is permissible even if the offences are non-compoundable and the trial has concluded – Compromise must be genuine, voluntary, and without coercion [Paras 16...
Constitutional Law – Protection of Life and Liberty – Live-in Relationship – Article 226 of the Constitution of India – Petitioners, adults in a live-in relationship, sought protection from threats posed by disapproving relatives – One petitioner was still legally married to another individual, complicating their situation – Court held that the protection of lif...