NDPS Act - Non-Compliance of Section 50 - Appeal against Conviction - Recovery from Cloth Bag - Section 50 not applicable to non-personal search - Conviction under Section 18 upheld. [Para 10]
Witness Credibility - Absence of Independent Witnesses - Statements of Official Witnesses - Genuineness of Prosecution Case - No false implication motive attributed - Testimonies of official wit...
NDPS Act - Post-Trial Disposal of Confiscated Articles - Sections 60-63 of the NDPS Act - Confiscation of Car - Police took possession of the car without a formal order of confiscation - Notice under Section 60 issued to the registered owner - Mandatory provisions of Sections 60 to 63 not complied with - Special Court erroneously declined to proceed as the trial had concluded - Impugned order set ...
Sentencing under Section 307 IPC – Limitation on Term – Convicts sentenced to 14 years rigorous imprisonment challenged the sentence – Argument that Section 307 IPC limits imprisonment to ten years unless hurt caused warrants life imprisonment – Court examined statutory interpretation of Section 307 IPC – Held that imprisonment exceeding ten years without awarding lif...
Criminal Procedure – Misrepresentation and Forgery in Supreme Court Proceedings – Allegation of forged signatures on Vakalatnama and SLP documents submitted before the Supreme Court – Court ordered inquiry into the conduct of the involved advocates and Notary – Notice issued to petitioner’s daughter and son-in-law – Matter adjourned for further hearing. [Paras 1...
Narcotic Drugs and Psychotropic Substances – Procedural Irregularities – Conviction Appeal – Non-compliance with Sections 100 and 165 CrPC amounts to mere irregularity – Evidence of official witnesses deemed credible – Conviction upheld – Sentence reduced considering the appellant’s age and trial duration. [Paras 1-12]
Evidence Law – Cre...
Negotiable Instruments – Cheque Dishonor – Condonation of Delay – Petition for quashing dismissal of complaint under Section 138 of NI Act – Cheque dishonored on 16.04.2012 – Legal notice dated 15.05.2012 returned unclaimed – Second legal notice sent on 02.06.2012 – Complaint filed on 16.07.2012 dismissed as time-barred – Court held that separate app...
Criminal Procedure – Quashing of FIR – Non-Cognizable Offense – Public Gambling Act – Investigation without Magistrate’s Permission – Petition for quashing of FIR under Section 13-A of the Public Gambling Act – FIR related to recovery of Rs. 1,23,50,000/- alleged to be gambling money – Held that investigation of non-cognizable offense without Magistr...
Criminal Law – Appeal Against Acquittal – Variance in Statements – Appeal by complainant against trial court’s acquittal of accused under Sections 376 and 511 IPC – Allegations of attempted rape by prosecutrix’s brother-in-law – Discrepancies in prosecutrix's statements during different stages of investigation – Trial court found gross embellishm...
Criminal Law – Conviction Appeal – Eyewitness vs. Medical Evidence – Appeal against conviction under Sections 302, 120-B, 149 IPC – Murder as revenge over property dispute – Eyewitness account given precedence over medical contradictions – Minimal discrepancies in eyewitness statements deemed insignificant – Conviction upheld. [Paras 1-26]
Pro...
Criminal Law – Conviction Appeal – FIR Delay – Weapon Non-recovery – Appeal against conviction under Sections 341 and 307 IPC – Occurrence at 3 PM on 25.01.2003 – Injured taken to hospital, FIR registered at 1:50 AM on 26.01.2003 – Delay in FIR explained due to medical emergencies – Non-recovery of weapon does not affect prosecution credibility &ndas...