NDPS Act – Regular Bail – Commercial Quantity – Section 37 – Rigours of Statute – Petitioner sought regular bail in FIR involving recovery of 195 intoxicant tablets (Etizolam) amounting to commercial quantity – Court held that once commercial quantity is involved, bail can be granted only on satisfaction of twin conditions under Section 37 NDPS Act – Mere ...
Criminal Law – Quashing of FIR – Allegation of Civil Dispute – Pendency of Civil Suits – Held: Mere availability or pendency of civil remedy does not bar criminal investigation where allegations disclose prima facie cognizable offences [Paras 9–11].
Forgery and Impersonation – Large Scale Property Fraud – Detailed complaint alleging impersonat...
Unlawful Activities (Prevention) Act, 1967 – Bail – Section 43D(5) – Statutory Embargo – Appeal under Section 21(4) NIA Act against rejection of bail – Accused alleged to be member of proscribed terrorist organisation Islamic State – Involvement in radicalisation, conspiracy, reconnaissance, arson and terror funding through cryptocurrency – Held: When Cour...
Criminal Law – Recall of Witness – Section 311 Cr.P.C. / Section 348 BNSS – Petitioners sought recall of PW-1 for further cross-examination – Trial court dismissed application holding no sufficient cause for earlier non-cross-examination – PW-1’s testimony earlier closed with remark “Nil. Opportunity given” when accused were unrepresented – Hel...
Criminal Law – Murder – Conviction Based on Eye-Witness Testimony – Ocular Evidence Accepted – Appellant convicted under Section 302 IPC for murdering the deceased with a billhook following a long-standing property dispute – Conviction based on the direct and credible testimony of PW2 (daughter of the deceased), who witnessed the attack and heard dying declaration &nd...
Criminal Law – Section 295A IPC – Sanction under Section 196 Cr.P.C. – Stage of applicability – Petition seeking quashing of FIR on the ground that prior sanction under Section 196 Cr.P.C. was not obtained – Held: Statutory bar under Section 196 Cr.P.C. operates only at the stage of taking cognizance by the Court and not at the stage of registration of FIR o...
Criminal Law - Bail – Cancellation of Bail by Supreme Court – Fresh Bail Application – Maintainability – Petitioner sought regular bail under Section 439 CrPC after bail earlier granted by Supreme Court was cancelled for violation of bail conditions – Held: Where bail granted by the Apex Court is cancelled by the Apex Court itself for breach of conditions and without ...
Bail Cancellation – Long Pre-Trial Detention – FIR and Role of Accused – Bail Upheld – Accused not named in FIR – Implicated based on oral dying declaration and co-accused’s disclosure – High Court granted bail after six and a half years of incarceration – Co-accused already granted bail – Supreme Court held that there was no misuse of liberty ...
Preventive Detention – Jammu & Kashmir Public Safety Act – Delay in Passing Detention Order – Snapping of Live and Proximate Link – Detention Order Vitiated – Detention order passed nearly one year after last alleged prejudicial activity – No satisfactory explanation for delay – Held: Preventive detention requires proximity between alleged activities a...
Prevention of Corruption Act, 1988 – Demand and Acceptance of Bribe – Proof – Conviction Sustained – Accused, District Officer, Ground Water Department, demanded and accepted illegal gratification from PW1 and PW2 for providing employment as casual labourers and from another person for appointment as driver – Evidence of PW1, PW2 and PW3 consistently proved demand and...