Money Laundering – Attachment of Property – Pre-PMLA Acquisition – Continuation Post-Enactment – Core issue whether property purchased from proceeds of crime prior to 01.07.2005 can be attached under Section 5(1) PMLA – Held: Yes, if such property continues to be possessed or used after enforcement of PMLA – Attachment valid as offence continues post-enactment [...
Gang Rape – Minor Prosecutrix – Sections 376(D), 376(2)(i) IPC and Sections 5(g), 6 POCSO Act – Conviction Upheld – Both appellants convicted for gang-raping a 14-year-old girl from Scheduled Caste community – Trial court sentenced each appellant to 20 years rigorous imprisonment – High Court on appeal finds testimony of prosecutrix clear, consistent and inspiri...
Criminal Law – NIA Act, 2008 – Maintainability of Section 482 Cr.P.C. Application – Refusal to Discharge – Section 21(1) – Applicants charged under Sections 121-A, 153-A and 295-A IPC investigated by UP Police – Special Judge NIA rejected discharge application – Application under Section 482 Cr.P.C. filed challenging the refusal to discharge – Prelim...
Criminal Law — Attempt to Murder — Section 307 IPC — Sterling Witness — Injured Wife — Sole Testimony Sufficient — Appellant convicted for firing upon his wife Vimla Devi (PW-3) with a firearm within the matrimonial home causing multiple firearm injuries to her left leg and palm — Prosecution rested on sole testimony of injured wife — Held: The injur...
Electronic Evidence – Right to Cloned Copy – Hash Value – Fair Trial – Accused in a Prevention of Corruption Act case sought supply of a cloned copy of the original digital voice recording with hash value and production of the original recording device, alleging that only a CD without hash value was furnished, which was not an authenticated copy – Trial Court rejected...
NDPS – Bail – Commercial Quantity – Foreign National – Illegal Custody – Article 21 Override – Applicant, a foreign national, was intercepted at IGI Airport on 02.07.2024 and 8 capsules containing cocaine recovered at the Airport itself from her undergarments – She was then taken to Safdarjung Hospital where 34 more capsules were eased out – Total re...
NDPS – Conviction under Section 21(c) – Recovery of Codeine-Containing Cough Syrup – Commercial Quantity – Four accused intercepted at a public place on the basis of secret information — 175 bottles of Codeine-containing cough syrup recovered from bags, plastic sacks and a ladies purse in their possession — FSL report confirmed presence of Codeine Phosphate and ...
Criminal Law - Sections 17, 18, 61 and 85 NDPS Act – Acquittal – Tampering with Case Property – Chain of Custody – Accused were intercepted on a scooter on 26.12.2001 and 950 grams of opium recovered from a bag carried by Matu Ram – Case property sealed by ASI/Investigating Officer with seal RKM and thereafter re-sealed by the officiating SHO (PW1-Surat Singh) with se...
Criminal Law – Section 412 IPC – Receiving property stolen in dacoity – Essential ingredients – Prosecution must prove recovery of looted property, knowledge or reason to believe it was stolen in dacoity, and nexus with dacoits – Failure to establish identity of recovered property and knowledge of accused – Held: Conviction unsustainable [Paras 22–23, 39, ...
Criminal Procedure – Proclaimed Person vs. Proclaimed Offender – Section 82(4) CrPC – NDPS Offences – Petitioner granted bail in NDPS case, failed to appear on one date due to miscommunication, bail cancelled, non-bailable warrants issued, proclamation effected on 13.02.2025 and petitioner declared proclaimed offender on 17.03.2025 – Held: Declaration as proclaimed of...