Juvenile Justice - Bail to Juvenile in Conflict with Law - Section 12 of Juvenile Justice (Care and Protection of Children) Act, 2000 - Petitioner denied bail under Section 323, 452 IPC and Section 4 POCSO Act - Held, proximity of residence in same village not a valid ground to deny bail - No material showing release would bring juvenile into contact with criminals or expose him to danger - Releas...
Essential Commodities Act - Fertilizer Control Order - Appeal against Conviction - Appellant a dealer, not manufacturer - Prosecution's star witness admitted recovered stock had original machine stitching with no tampering - Manufacturer not arrayed as accused - Held, conviction of dealer in isolation unsustainable - Conviction set aside. [Para 13]
Prosecution Witness Admission - ...
NDPS Act - Section 42 - Appeal against Conviction - Non-compliance - Secret information regarding transportation of contraband received but not reduced to writing - Trial Court wrongly recorded compliance - Section 42 mandatory, not directory - Appellant acquitted for non-compliance with Section 42. [Para 14]
NDPS Act - Section 52-A - Procedure for Producing Contraband - Contraband no...
Criminal Law - Appeal against Conviction - Hostile Witnesses - Section 307 IPC, Section 25 Arms Act - Appellant shot at complainant causing injury - All key witnesses declared hostile - Recovery of empty cartridge and country-made pistol from appellant - Conviction upheld based on forensic evidence linking bullet to pistol recovered from appellant - Sentence modified to period already undergone du...
Criminal Procedure - Maintenance - Section 125 CrPC - Petition challenging maintenance granted to wife after 13 years of compromise and lump sum alimony - Held, petition under Section 125 CrPC justified to maintain wife and daughter for a respectable life - Filing of maintenance petition not misuse of process of law - Petition dismissed. [Para 14]
Financial Condition and Employment - ...
Criminal Law – Quashing - NDPS Act - Vicarious Liability of Property Owner - The petitioner was implicated under the NDPS Act for allegedly allowing his property to be used for a drug-related event without his knowledge. The court analyzed the applicability of Section 25 of the NDPS Act, which requires conscious knowledge for the owner to be held liable. Citing precedents, the court emphasiz...
Criminal Law – Quashing of Complaint – Petitioner challenged the complaint filed under the Drugs and Cosmetics Act, 1940, contending that it lacked specific allegations and failed to meet statutory requirements – Petitioner argued that the trial court took cognizance without proper application of mind – Complaint and subsequent proceedings deemed vague, ambiguous, and mecha...
Criminal Law - Abetment of Suicide - Extra-Marital Affair - Mens Rea - The applicants, accused of abetting the suicide of the deceased husband due to an alleged extramarital affair, sought quashing of the FIR. The court held that mere involvement in an extramarital affair does not constitute abetment under Section 306 IPC unless there is clear evidence of instigation or intentional aiding of the s...
Criminal Law - Bail Application - Section 6 POCSO Act - The petitioner sought bail after being in custody for four years, arguing that medical evidence did not conclusively establish penetrative sexual assault, and that there were inconsistencies in the victim's testimony. The court noted the severity of the charges, including aggravated penetrative sexual assault under Section 6 of the POCSO ...
Medical Admission – Disability and Eligibility for NEET – The petitioner was disqualified from NEET admission based on a speech and language disability of 44%, as per existing regulations disqualifying candidates with disabilities exceeding 40%. The Supreme Court, referencing a similar precedent, directed the Dean of Byramjee Jeejeebhoy Government Medical College, Pune (BJGMC) to const...