NDPS Act – Bail Application – Prolonged Incarceration – Commercial Quantity – Application under Section 439 Cr.P.C. – Accused in custody since 31.10.2023 for offences under Sections 20(b)(ii)A, 22(c), and 25 of NDPS Act – Trial pending before Additional Sessions Judge-V, Thiruvananthapuram – Petitioner seeks bail citing prolonged incarceration and delay in trial – Held: Though commercial quantity is involved, prolonged incarceration due to prosecution’s laches militates against Article 21 – Petitioner can approach Trial Court for bail in light of Apex Court precedents [Paras 2, 4, 5, 6–11]. 
 
Prolonged Incarceration – Article 21 vs Section 37 NDPS Act – Accused in custody for more than 20 months – Court observed that prolonged incarceration without fault of the accused violates Article 21 – Referenced SC decisions in Ankur Chaudhary v. State of M.P., Nitish Adhikary v. State of W.B., and Hasanujjaman v. State of W.B. which held that delay in trial caused solely by prosecution can override rigour of Section 37 NDPS – Also relied on Kerala HC’s own precedent in Shuaib A.S. v. State of Kerala [Paras 6–11]. 
 
Trial Delay – Prosecution's Lapses – Prosecution failed to cite all necessary witnesses initially – After examining existing witnesses, prosecution filed petition under Section 311 Cr.P.C. to summon more witnesses without clear purpose – Petition was dismissed; prosecution later given another chance to file proper petition – Delay attributed solely to prosecution, not to accused – Such delay justified consideration of bail despite Section 37 bar [Paras 9–11]. 
 
Decision: Bail application disposed – Petitioner allowed to file fresh bail application before Trial Court – Trial Court directed to consider bail on merits applying principles laid down by SC and HC in cited cases – To be decided within two weeks of application [Para 10]. 
 

Criminal Law - Abduction for Ransom – Conspiracy and Execution – Section 364A, 120B IPC – Conviction Upheld - The appellants conspired and executed the abduction of Partha Roy Burman, inflicting gunshot injuries during the kidnapping and detained him at a secluded location to demand ransom – Multiple prosecution witnesses, including PW31 and PW32 (cooks), PW33 (co-accused turned prosecution witness), and PW35-PW55 (official and medical witnesses) corroborated the pre-planning, execution, custody of the victim, and ransom transaction – Held: The prosecution successfully proved the conspiracy and abduction beyond reasonable doubt [Paras 1-10, 23-31, 35-45].

Evidence – Hostile Witnesses – Reliability of Other Evidence – Conviction Not Vitiated - Although some key witnesses, including PW26 (victim) and relatives like PW20, PW22, PW23 turned hostile, their testimonies regarding initial facts and identification of injuries, along with other documentary and corroborative evidence like seizure lists, forensic reports, voice samples, and confessional statements under Section 164 CrPC, stood consistent and reliable – Held: Conviction sustainable even when certain witnesses turned hostile [Paras 31-38, 53-55, 66-67].

Electronic and Forensic Evidence – Admissibility and Reliability – Voice Samples and Footprint Matches – Audio cassette recordings of ransom calls matched with the voices of appellants as confirmed by CFSL expert (PW67) – Footprint evidence also corroborated the presence of appellants at relevant places – Held: Properly proved and relied upon [Paras 66-69, 73-77].

Abduction for Ransom – Criminal Conspiracy – Sections 364A and 120B IPC – Conviction Upheld - Prosecution proved that appellants hatched a conspiracy to abduct Partho Roy Burman for ransom through meetings, arrangement of hideouts and vehicles, and execution of the abduction with the use of arms – Conspiracy corroborated by direct evidence of PW31, PW32, and PW33 who were privy to planning meetings, distribution of roles and captivity of the victim – Victim was injured, confined at Bhoot Bunglow, and released after ransom payment – Held: Appellants participated actively in the conspiracy and execution, warranting conviction [Paras 105-120].

Test Identification Parade – Delay – Non-fatal – Delay in conducting TIP explained due to appellants being absconders – Appellants identified both in TIP and by prosecution witnesses who had seen them repeatedly during conspiracy meetings and captivity of the victim – Held: TIP delay does not vitiate identification when corroborated by substantive evidence [Paras 99-128].

Evidence of Approvers – PW31, PW32, PW33 – Acceptable and Reliable – Appellants challenged credibility of PW31, PW32, and PW33 as approvers – Court held that they were not chance witnesses but insiders to conspiracy, who lived with the accused for substantial periods – Their depositions were consistent, corroborated by independent circumstances and other witnesses – Held: Evidence of these approvers reliable [Paras 113-120].

Electronic Evidence – Compliance with Section 65B – Voice Samples, Emails, Audio Cassettes – Prosecution relied on intercepted calls, emails, and audio tapes – Although formal certificate under Section 65B was partly absent, electronic records collected under Section 27, proved through official witnesses, and corroborated by oral evidence were held admissible – Court distinguished between primary and secondary electronic evidence and applied substantial compliance doctrine – Held: Electronic evidence validly relied upon [Paras 134-138].

Delay in Recording Statements – Defence Argument Rejected – Delay caused due to appellants absconding for long periods and bifurcation of trial – Court accepted prosecution’s explanation and held that delay did not prejudice the defence – Held: Conviction cannot be vitiated on this ground [Paras 129-133].

Circumstantial Evidence – Chain Complete – Defence plea of incomplete chain rejected – Court found complete chain of circumstances established through eyewitnesses, recovery of articles, forensic reports, and testimonies of key witnesses PW31, PW32, PW33 and others – Held: Conspiracy, execution, ransom demand, payment, and release of victim proved beyond doubt [Paras 120-140].

Acquittal – Benefit of Doubt – Appellant Akhtar Hossain – Acquitted – Evidence insufficient to link Akhtar Hossain to supply of arms or direct participation – No evidence of his presence at Bhoot Bunglow or conspiracy meetings – Held: Conviction not sustainable against Akhtar Hossain – He is acquitted [Paras 141-143].

Final Decision – Convictions of all other appellants confirmed – Life imprisonment and fine upheld for Noor Mohammed @ Shahbaz, Jalal Molla @ Omar, Mizanur Rahman @ Shahjahan, Mujammel Sk. @ Akram, Ishaque Ahmed @ Dilsad, Arshad Khan, Tariq Mehmood @ Nayeem – Akhtar Hossain acquitted – Connected applications dismissed [Paras 141-144].
 

Criminal Law – Murder – Appeal against conviction – Common Intention – Eyewitness Testimony – Section 302/34 IPC – Conviction Converted – Appellants accused of beating deceased with belcha and kassi during worksite quarrel – Sole eyewitness PW-17 testified to quarrel and dragging of body, but did not witness actual assault – Trial court convicted both under Section 302/34 IPC – Held: Incident arose out of sudden altercation, no premeditation – In absence of direct evidence of fatal blow, case falls under Section 304 Part II IPC [Paras 13, 18, 33–42]. 
 
Section 145 Evidence Act – Hostile Witness – Partial Credibility – PW-17 declared hostile and cross-examined – Although he retracted some police statements, core testimony on dragging body and shutter closure remained consistent – Court held such testimony admissible and reliable under Section 145 – Presence of accused and circumstantial evidence unerringly pointed to guilt [Paras 34–36]. 
 
Culpable Homicide – Sudden Provocation – Exception 4 to Section 300 IPC – Applicability Considered – Deceased initiated quarrel by abusing A-2, which escalated into fatal fight – Court relied on precedents including Pulicherla Nagaraju and Dauvaram Nirmalkar to hold that appellants acted without premeditation in a fit of anger – Conviction altered from Section 302 to Section 304 Part II IPC [Paras 37–42]. 
 
Sentence – Mitigating Circumstances – Period Already Undergone – Appellants from lower socio-economic background – No prior criminal record – Having undergone nearly 10 years of incarceration – Sentence reduced to period already undergone – No fine imposed [Para 42]. 
 
Decision: Appeals partly allowed – Conviction altered from Section 302/34 to Section 304 Part II IPC – Appellants sentenced to imprisonment for period already undergone – No fine imposed [Paras 42–43]. 
 

Criminal Law – Murder – Circumstantial Evidence – Appeal against conviction – Appellant (A1) convicted by Trial Court under Sections 302, 201, 420, 380, and 120-B IPC for the alleged murder of the deceased, his employer and relative – Allegation of staging accident using a car to eliminate deceased due to business rivalry – High Court found major contradictions in witness testimonies, missing crucial link in chain of circumstances – Prosecution failed to establish the seizure of the alleged crime vehicle (MO.1) at the instance of A1 – Hostile and unreliable witness (PW.21) and conflicting testimonies of PW.12 and PW.25 regarding vehicle repair and seizure – Delay and gaps in investigation, non-examination of key witnesses like the real car buyer, and discrepancies regarding the vehicle number and possession – Held: Prosecution failed to prove guilt beyond reasonable doubt [Paras 16 to 47].

Witness Testimony – Contradictions – PW.1 (wife of the deceased) alleged motive based on financial disputes and missing diary – PW.1's deposition found to be improved during trial compared to earlier statements to police – PW.2 and PW.4’s statements about disputes and missing diary also marked by improvements and contradictions – Evidence of PW.8 and PW.16 about alleged collection of Rs. 3 lakhs after the deceased’s death inconsistent and contradicted by their own depositions – Suspicion cannot substitute legal proof – Benefit of doubt granted [Paras 48 to 54].

Circumstantial Evidence – Seizure of MO.1 Vehicle – Seizure allegedly based on A1's confession – PW.21, one of the panch witnesses, turned hostile – PW.25’s version about seizure location contradicts prosecution case – PW.9 clarified that A1 was not the owner of the shop from where the car was allegedly seized – PW.13 testified that A1 had sold the car long before the incident – Delay in vehicle inspection and unexplained circumstances surrounding its possession raised serious doubt – Evidence insufficient to prove that MO.1 was used in the crime or linked to A1 – Held: Chain of circumstantial evidence incomplete [Paras 20 to 46].

Motive – Disputes regarding financial dealings, alleged recovery of Rs. 20 lakh, and alleged theft of diary – No documentary evidence submitted regarding loan to Madhusudhan Reddy or recovery from A1 – Failure to recover the diary or prove A1’s exclusive access to it – Alleged motive remained uncorroborated and speculative – Held: Absence of motive further weakens the prosecution case [Paras 48 to 54].

Principle of Law – Circumstantial Evidence – Reaffirmed that suspicion, however grave, cannot replace proof – The chain of circumstances must be complete and lead only to the hypothesis of guilt – Relying on Sharad Birdhichand Sarda v. State of Maharashtra and Sujit Biswas v. State of Assam – Held: Prosecution failed to establish conclusive proof [Paras 55-56].

Decision – Appeal allowed – Conviction and sentence set aside – Appellant (A1) acquitted – Bail bonds discharged [Para 58].
 

NDPS Act – Bail in Commercial Quantity – Section 37 NDPS Act – Bail Granted – Petitioner in custody for 1 year 6 months with no criminal antecedents – Although rigors of Section 37 apply, Supreme Court precedents permit relaxation when custody is unduly prolonged – Held: Bail granted subject to conditions [Paras 8-16].

Prolonged Pre-trial Detention – Article 21 and Bail – Right to speedy trial a facet of Article 21 – Court relied on Dheeraj Kumar Shukla, Shince Babu, Sohrab Khan, Ramlal and other Supreme Court rulings granting bail in similar cases due to long custody – Trial likely to take further time – Continued incarceration would offend Article 21 [Paras 10-14].

Bail Conditions – Reformative and Protective – Petitioner directed to comply with stringent conditions including surrender of arms, regular appearance, and prohibition from influencing witnesses – Trial Court directed to ensure surety is capable of securing petitioner's attendance – Reference made to Mohammed Zubair v. State of NCT of Delhi regarding proportionality of bail conditions [Paras 17-24].

Cancellation of Bail – Automatic Trigger – Court clarified that if petitioner commits any fresh non-bailable offence, State may apply for immediate cancellation of bail – Observed in light of Md. Tajiur Rahaman v. State of West Bengal [Paras 23-24].

Decision – Bail Petition Allowed – Petitioner ordered to be released on bail subject to conditions – Petition disposed of along with all pending applications [Para 27].

Criminal Law – Appeal against conviction - Delay in Lodging FIR – Unexplained Delay – Benefit of Doubt - There was unexplained delay between the time of the incident and the lodging of the FIR by the complainant, despite police presence at the scene – The Court held that the delayed filing cast doubt on the veracity of the prosecution case [Paras 12-13, 18].

Contradictions in Prosecution Evidence – Number of Accused, Modus Operandi, and Weapons – Discrepancies Found – Evidence showed material contradictions in the number of assailants, the type of vehicle used, and the role assigned to each accused – Prosecution failed to explain discrepancies – Held that prosecution failed to prove the offence beyond reasonable doubt [Paras 9.1, 13-17].

No Recovery of Looted Property – Absence of Recovery Weakens Prosecution – The alleged looted articles were found abandoned, not recovered from accused – Panch witnesses to recovery turned hostile – Prosecution failed to establish recovery of incriminating articles – Charge under Section 395 IPC not proved [Paras 14-16].

Previous Enmity and Land Dispute – Motivation for False Implication – Evidence showed dispute regarding fencing of public/government land (‘Naal’) leading to strained relations between complainant and accused – Court found possibility of false implication due to land dispute – Benefit of doubt extended to accused [Paras 20-23].

Absence of Independent Witnesses – Only Interested Witnesses Examined – All eyewitnesses were either employees or related to the complainant – No independent villagers or neutral witnesses examined – This omission seriously affected the credibility of the prosecution case [Paras 19-21].

Section 395 IPC – Ingredients Not Satisfied – Court holds Dacoity Not Proved – No evidence of robbery or looting by five or more persons conjointly – Absence of recovery, hostile witnesses, and absence of injuries – Section 395 IPC not attracted – Conviction under Section 395 set aside [Paras 14, 16, 23].

Standard of Proof – Prosecution Failed to Prove Case Beyond Reasonable Doubt – The Trial Court failed to appreciate material omissions and contradictions – Conviction of the appellants set aside – Appeals allowed – State’s appeal and revision for enhancement dismissed [Paras 28-33].

Decision – Appeals Allowed – Conviction Set Aside – Enhancement Pleas Dismissed – The prosecution failed to prove the case beyond reasonable doubt – Trial Court erred in convicting the accused – Appeals allowed – Conviction and sentence set aside – The State’s appeal for enhancement and complainant’s revision application also dismissed [Paras 28-33].
 

Criminal Law – Dishonour of Cheque – Conviction under Section 138 of Negotiable Instruments Act – Accused issued cheque for ₹5 lakh towards repayment of debt, which was dishonoured due to insufficient funds – Complainant issued legal notice but cheque remained unpaid – Trial Court convicted accused, sentenced him to 6 months simple imprisonment and fine – Appellate Court upheld conviction – Revision petition filed challenging conviction on various grounds including non-service of legal notice, invalidity of bank return memo, and absence of loan entries in income tax returns or account books – Held: Conviction valid [Paras 1-5].

Negotiable Instruments Act – Presumption of Legal Liability – Sections 118 and 139 – Statutory presumption of consideration arises when signature on cheque is admitted – Presumption is rebuttable, but accused failed to rebut by preponderance of probabilities – Accused merely claimed absence of loan in complainant's accounts but offered no credible evidence – Presumption of legally enforceable liability not displaced – Conviction upheld [Paras 12-20].

Income Tax Returns – Non-reflection of Loan – Non-mention of loan in income tax returns or account books does not invalidate debt – Held: Presumption under NI Act cannot be negated solely because loan is unaccounted in tax documents – Non-disclosure may invite action under tax laws but does not defeat complainant's case under Section 138 – Support drawn from Uttam Ram vs Devinder Singh Hudan and Ganga Prashad vs Lalit Kumar [Paras 18-22].

Service of Legal Notice – Validity – Registered Notice returned unclaimed – Presumption of valid service under Section 27 of the General Clauses Act applies – Non-service due to absence of accused at address does not invalidate notice – Complaint not rendered premature – Held: Accused had opportunity to pay after receiving court summons as well [Paras 23-25].

Bank Return Memo – Validity without Stamp – Section 146 NI Act – Return memo need not bear bank’s stamp if it carries official signature and branch details – Purpose is to relieve bank officers from entering witness box in every case – Return memo valid and admissible – Held: Objection to absence of stamp rejected [Paras 26-30].

Revisional Jurisdiction – Limits – Revisional Court cannot re-appreciate evidence to act as second appellate court – Held: Findings of conviction and sentence passed by Trial Court and affirmed by Appellate Court are based on correct appreciation of law and evidence – No jurisdictional error or perversity found – Revision dismissed [Paras 9-11, 32].

Conduct of Accused – Offer to Compound – Accused offered partial settlement post-conviction but withdrew when asked to pay fair amount considering interest since 2003 – Held: Conduct displays intent to evade liability rather than genuine defence – Supports prosecution version [Para 25].

Decision – Revision Petition Dismissed – Conviction and sentence confirmed – Trial Court directed to issue necessary warrants to secure custody of accused for serving sentence [Para 32].
 

Arbitration Law - Stock Broker Liability – Prior Written Instructions – NSE Regulations – Regulatory Requirement Not Mandatory in Civil Claims – Client challenged arbitral award citing lack of prior written instructions for trades – Held: Requirement for prior authorisation is regulatory, not determinative of civil liability – 
Absence of authorisation cannot invalidate trades if client participated with full knowledge – Tribunal rightly considered emails, SMS alerts, fund flows, and securities transfers to affirm client’s conscious involvement [Paras 1, 11–21, 24, 27–30]. 
 
Arbitral Review – Limited Scope Under Section 34 – Findings Not Perverse – Petitioner argued award contradicted findings in first arbitral award – Court held that appellate tribunal’s conclusions were logical and based on evidence – No perversity or arbitrariness established – Interference under Section 34 not warranted [Paras 19–21, 31]. 
 
SEBI Circular – Evidentiary Guidelines – Not Substantive Law – Court interpreted SEBI’s 2018 Circular as procedural and directory – Emphasized that post-trade evidence like fund and securities movement can establish trade legitimacy in absence of prior written authorisation – Rigid interpretation would lead to inequitable consequences and allow clients to escape liability [Paras 25–29]. 
 
Commercial Conduct – Active Participation – Client Received Trade Alerts and Made Payments – Despite lack of explicit authorisation, evidence of continuous trading conduct, receipt of contract notes, transfer of securities, and lack of protest showed participation – Tribunal entitled to weigh such evidence in totality [Paras 14–18, 22, 26]. 
 
Trade Usages and Section 28(3) – Legal Recognition of Industry Practices – Tribunal rightly considered usage of securities market including trade confirmations, account settlements, and autonomous instructions – Judgment aligned with SC’s ruling in Chokshi where oral agreements and trade conduct were upheld in composite claims [Paras 33–38]. 
 
Decision: Petitions dismissed – Impugned award upheld – Petitioner liable to pay ~Rs.69.20 lakhs with 12% p.a. interest – Costs of Rs. 1,00,000 imposed on petitioner payable to respondent within 4 weeks [Paras 41–42]. 
 

Matrimonial Law - Permanent Alimony – Requirement of Formal Application – Mandatory – The Trial Court awarded permanent alimony to the respondent-wife under Section 25 of the Hindu Marriage Act without there being any formal or oral application by the wife – Held: In view of binding precedents of Madhya Pradesh High Court, including Abhishek Parashar v. Neha Parashar, it is mandatory to have an express application for claiming permanent alimony – Such application may be through a separate application or incorporated in the written statement – Absence of such application renders the award unsustainable [Paras 5-11].

Conflicting Views Harmonized – Earlier Binding Precedents Prevail – The Court clarified that although certain judgments like Rituraj Singh and Dharmendra Tiwari held that no formal application is required, these were rendered per incuriam as they did not consider earlier binding precedents such as Jitbandhan and Chhaya Kshatriya – Applying the principle of judicial discipline, the Court followed the earlier binding view requiring a formal application for permanent alimony [Paras 9-10].

Assessment of Alimony – Relevant Factors – The Court reaffirmed the principles laid down by the Supreme Court in Vinny Parmar v. Paramvir Parmar, highlighting that fixing of permanent alimony requires considering the financial status of both parties, conduct, needs, and standard of living – In the present case, no such assessment was done due to absence of a proper application [Para 12].

Final Decision – Decree for Alimony Set Aside – The order granting permanent alimony (Para 17(2) of the impugned judgment) was quashed – Matter concluded by modifying the decree accordingly [Para 13].