NDPS Act – Compliance with Section 50 – Search Procedure Properly Followed – Bail Denied - The petitioner alleged non-compliance of Section 50 NDPS Act, claiming he was not informed about his right to be searched before the nearest Gazetted Officer or Magistrate – Court held that the petitioner was informed in English of his right under Section 50 and refused to avail it in...
Murder Trial – Circumstantial Evidence – Identity of Body Unproven – Acquittal Upheld – Trial Court acquitted respondents citing prosecution’s failure to establish identity of the deceased through DNA or credible testimony – Postmortem report relied solely on name mentioned in inquest – No direct evidence linking accused to crime – Acquittal not foun...
Criminal Law – Appeal against acquittal - Disproportionate Assets – A1 Accused of Amassing Wealth 443% Over Known Income – Acquittal Set Aside – The trial court acquitted the accused holding that A1 and A2 had satisfactory explanations for their income and assets – High Court found that many sources claimed by defense were uncorroborated and erroneously accepted &ndas...
Criminal Law – Appeal against conviction - Murder Trial – Contradictory Eyewitness Testimony – Conviction Reversed – Appellant convicted of murder of Zahid Khan alias Guddu— Prosecution relied on four eyewitnesses, but their testimonies conflicted on key facts such as presence, cause of death, and medical disclosure— Delay in recording statements, absence of blo...
NDPS Act – Bail Application – Prolonged Incarceration – Commercial Quantity – Application under Section 439 Cr.P.C. – Accused in custody since 31.10.2023 for offences under Sections 20(b)(ii)A, 22(c), and 25 of NDPS Act – Trial pending before Additional Sessions Judge-V, Thiruvananthapuram – Petitioner seeks bail citing prolonged incarceration and delay in...
Anticipatory Bail – Bank Fraud – Section 438 Cr.P.C. – Accused Alleged to Have Withdrawn Rs.1.5 Crores – Petitioner added as A20 in large-scale financial fraud involving bank employees and misuse of overdraft and fixed deposit schemes – Court held that custodial interrogation necessary due to non-recovery of funds and lack of explanation – Bail denied [Paras 3&n...
Habeas Corpus – Detention or Voluntary Admission – Allegation of Illegal Custody – Petitioner contended that alleged detenue, a farmer leader on indefinite hunger strike, was illegally detained by the police while returning from a meeting with Government officials – State argued detenue was hospitalized due to health condition and was free to leave – Held: Detenue was...
Criminal Law - Rape – Consent Based on Promise to Marry – Victim Major – Conviction Set Aside – Alleged victim engaged in consensual relationship with appellant under belief of future marriage – High Court found from ossification test (PW6) that victim was approximately 25 years old at time of incident – No evidence to show that promise was false from inception ...
Criminal Law – Quashing - Abetment of Suicide – Section 306 IPC – Suicide Note Alleging Cheating – No Proximate Act – FIR Filed 39 Days After Death – Accusations Based on Alleged Discovery of Death Note – Court found delay unexplained and suicide note insufficient to establish instigation or abetment – Citing Prakash v. State of Maharashtra, held tha...
Criminal Law - Transition to BNSS – Interpretation of Section 531 – Date of Incident and FIR Crucial – Applications Maintainable Under CrPC Even If Filed After 01.07.2024 - High Court held that where the offence was committed and FIR registered prior to 01.07.2024, petitions filed under CrPC post this date are maintainable – Legislative intent and ejusdem generis rule suppo...
