Criminal Law – Prevention of Corruption – Telecom Stores Scam – Conspiracy – Diversion of Materials – Misappropriation – The prosecution proved that A1 to A5 and A7 to A12 conspired with contractor A6 (deceased) to raise false indents, obtain telecom materials from Chennai Stores and divert them to private scrap dealers – Evidence of PW-46, PW-47 and lorry...
Negotiable Instruments Act, 1881 – Section 138 – Appeal against Acquittal – Dishonour of Cheque – Financial Capacity and Rebuttal of Presumption – Complainant alleged advancing Rs. 10 Lakhs cash loan – Trial Court acquitted accused citing lack of evidence for transaction and probable defence – High Court upheld acquittal – Held: Complainant failed to...
Criminal Law – Culpable Homicide – Attempt to Commit – Section 308 IPC – Appellant convicted for assaulting victim with blunt weapons along with others, causing grievous injuries – Conviction upheld based on testimony of injured eyewitness and corroborative medical evidence – Appellant did not challenge conviction on merits – Appeal limited to sentence mod...
NDPS Act – Bail – Sections 8, 21, 29 NDPS Act - Commercial Quantity – Procedural Lapses – Bail Granted – Petitioner arrested on 21.04.2023 for alleged possession of 50 bottles of Myberry (Codeine Phosphate) – Co-accused arrested based on petitioner's disclosure – Final report filed on 17.07.2023 – Trial delayed with less than half of 21 witnesses...
Criminal Law – Anticipatory Bail – Companies Act Offences – Bail Granted – Chartered Accountants facing prosecution under Sections 143 r/w 147 and 448 of the Companies Act, 2013 and related provisions for allegedly auditing falsified financial statements of SRS Group companies and concealing related party transactions – Petitioners had not been arrested during investi...
Criminal Law – Bail – Age Discrepancy of Victim – Petitioner accused of abducting and marrying minor girl under false documents – Conflicting DOBs: 01.01.2007 (from NIOS) and 19.04.2008 (school record) – Held: Discrepancy in age creates reasonable doubt – In view of Mahadeo v. State of Maharashtra and State of MP v. Anoop Singh, court must rely on school DOB unl...
NDPS Act – Bail – Commercial Quantity – Grounds of Arrest – Compliance with Article 22(1) – Search at Night – Inventory/Sampling – Section 37 Rigour – Held: Grounds of arrest duly communicated prior to remand; seizure indicates commercial quantity (31.78 g MDMA); quantitative test delay immaterial; Section 37 bar applies – Bail rejected [Paras ...
Criminal Law – Culpable Homicide – Section 304A IPC – Death by Alleged Stone Pelting – Appellant convicted by Trial Court for causing death through rash and negligent act – On appeal, High Court finds that key witnesses including P.W.3 (complainant), P.W.4 and P.W.6 (injured) admitted inability to identify assailants due to darkness – No torchlight allegedly use...
Unlawful Activities (Prevention) Act – Section 43D(5) – Bail – Prima Facie True Test - Appellant, alleged active member of terror syndicate led by Sujit Sinha and Aman Sahu, charged under UAPA, IPC, Arms Act and Explosive Substances Act for orchestrating the 18.12.2020 Tetariyakhad Colliery attack involving indiscriminate firing, arson of four trucks, and injuries to civilians &n...
Extradition Law – Dual Criminality – India-Canada Treaty – Prima Facie Satisfaction for Magisterial Inquiry – Validity of MEA’s Decision – Petitioner challenged MEA’s direction under Section 5 of Extradition Act initiating magisterial inquiry into Canadian extradition request for offence under Section 320.16(3) of Canadian Criminal Code – Held: The a...