Relying Only On Evidence Of IO For Convicting Accused Under NDPS Act Is Not Proper: Chhattisgarh HC [Read Judgment]
5 years, 4 months ago

Relying Only On Evidence Of IO For Convicting Accused Under NDPS Act Is Not Proper: Chhattisgarh HC [Read Judgment]

Live Law  

While setting aside an order of conviction passed under the Narcotic Drugs and Psychotropic Substances Act, 1985, the Chhattisgarh High Court on Thursday said that without there being any corroboration by Independent Witnesses, relying only on the evidence of Investigating Officers, whose statements were contradictory, was improper. Justice Arvind Singh Chandel said, "On a minute examination of the above evidence, it is clear that the case is based only on the evidence of Investigating Officer Dipesh Saini and other police witnesses. …without there being any corroboration by the Independent Witnesses, relying only on the evidence of Investigating Officer Dipesh Saini and Constable Rini Prasad for convicting the Appellants is not proper." The Appellant-accused namely, Mohd Guddu, Anupam Baranwa and Pappi Baranwa had been convicted and sentenced to different terms of imprisonment under Section 20 of the NDPS Act and Section 417 of IPC, by the Special Judge for allegedly transporting 60 Kgs of illegal Ganja from Orissa.

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History of this topic

Trial Courts Must Be Cautious While Granting Permission To IO For Invoking Charges On Organised Crime U/S 111 BNS Against Accused: Karnataka HC
6 days, 6 hours ago

Trial Courts Must Be Cautious While Granting Permission To IO For Invoking Charges On Organised Crime U/S 111 BNS Against Accused: Karnataka HC

Live Law  

The Karnataka High Court has said that trial courts are required to be more cautious while permitting the Investigation Officer to invoke the offence punishable under Section 111 of Bhartiya Nyaya Sanhita 2023. The application/requisition of the Investigation Officer seeking permission of the Court to invoke Section 111 of BNS, 2023, shall be accompanied with necessary documents/materials which would prima-facie …

[NDPS Act] Not For Accused To Prove Seized Samples Were Not In Safe Custody, Burden Lies On Prosecution To Establish Safe Handling: J&K High Court
3 weeks ago

[NDPS Act] Not For Accused To Prove Seized Samples Were Not In Safe Custody, Burden Lies On Prosecution To Establish Safe Handling: J&K High Court

Live Law  

Underscoring the importance of procedural compliance in narcotics cases, the High Court of Jammu and Kashmir and Ladakh has held that it is not for the accused to prove that seized samples were not in safe custody, rather, the burden lies on the prosecution to establish their safe handling and ensure that tampering was impossible. Additionally, it was argued that …

IO's Presence Not Required At Framing Of Charge Stage: Allahabad HC; Adverse Remarks Against Judicial Officer Expunged
1 month, 2 weeks ago

IO's Presence Not Required At Framing Of Charge Stage: Allahabad HC; Adverse Remarks Against Judicial Officer Expunged

Live Law  

Denying relief to a man accused of committing the dowry death of his wife, the Allahabad High Court recently observed that the presence of the Investigating Officer is not required at the stage of framing of the charge. “It is well settled principle/proposition of law that a coordinate Bench cannot comment upon the discretion exercise or judgment rendered by the …

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court
2 months, 1 week ago

Individuals Not Charge-Sheeted Can Be Summoned To Face Trial If Evidence Establishes Their Involvement In Offence: Patna High Court

Live Law  

The Patna High Court has held that those not charge-sheeted by the police can also be summoned to face trial under Section 319 of the Code of Criminal Procedure India, 1973 if strong and cogent evidence against them surfaces during the trial. Justice Jitendra Kumar, while dismissing the criminal revision petition filed by Draupadi Kunwar and others, observed, “The Court …

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court
4 months, 2 weeks ago

S.60 Indian Evidence Act | Person Who Has Seen Or Heard A Fact Can Be Said To Provide Direct Evidence: Jharkhand High Court

Live Law  

The Jharkhand High Court has upheld the murder conviction of a constable, emphasising the reliability of direct evidence under Section 60 of the Evidence Act. His testimony is corroborated by the attending circumstance of the appellant being arrested soon after the incidence.” “Under Section 60 of the Evidence Act, a person who has seen or heard a fact, can be …

Court to start recording evidence against dismissed RPF constable from October 17
5 months, 3 weeks ago

Court to start recording evidence against dismissed RPF constable from October 17

Hindustan Times  

MUMBAI: The sessions court will start recording the evidence against dismissed railway police constable Chetansingh Bachhusingh Chaudhary, 34, accused of killing his senior and three Muslim passengers onboard the Jaipur-Mumbai Central Superfast Express, from October 17. Court to start recording evidence against dismissed RPF constable from October 17 The court on Tuesday issued summons to three witnesses – the complainant …

NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC
9 months ago

NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC

Live Law  

The Allahabad High Court has observed that an accused's conviction in a case under the Narcotic Drugs and Psychotropic Substances Act may safely be based on the testimony of police witnesses or witnesses of the Directorate of Revenue Intelligence if such testimony inspires confidence. Defending the trial court's judgment, Senior Standing Counsel Digvijay Nath Dubey, appearing for the DRI, argued …

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court
1 year, 2 months ago

'Yawning Gap In Evidence' : Supreme Court Finds Conviction Wrong In 2004 Murder Case; Sets Aside Concurrent Findings Of HC & Trial Court

Live Law  

The Supreme Court has observed that when the prosecution case is solely based on the circumstantial evidence, then the courts must be vigilant while examining the facts proving the circumstantial evidence i.e., it must be consistent with the hypothesis of the guilt of the accused and should be free from doubts, improbabilities and inconsistencies. Reversing the concurrent findings of the …

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC
1 year, 5 months ago

42 Yrs After Alleged Incident, Patna High Court Sets Aside Rioting, Murder Convictions Citing "Perfunctory" Examination Of Accused U/S 313 CrPC

Live Law  

The Patna High Court has set aside a 27 year old rioting and murder convictions qua six persons, while underscoring the significance of conducting a thorough and impartial inquiry of the accused as per Section 313 of the Cr.P.C. Therefore, while examining the accused, trial Court should be mindful of the object underlying this provision.” “the non-examination of the Investigating …

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC
1 year, 6 months ago

Court’s Nod Not Required To Transfer Investigation To Another Police Station Even After Submission Of Chargesheet: Allahabad HC

Live Law  

The Allahabad High Court has observed that even after the submission of a charge sheet, the investigation of a case can be transferred to the police of another police station and there is no necessity to obtain permission from the concerned court. The bench of Justice Umesh Chandra Sharma also said that even after the Court took cognizance of any …

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist
2 years ago

Supreme Court Stays HC Order To Punjab Police To Probe Alleged Illegalities In Chandigarh Police's Arrest Of Dentist

Live Law  

The Supreme Court on Friday issued notice on a plea by the union territory of Chandigarh against Punjab and Haryana High Court’s direction to the Punjab police to probe allegations against Chandigarh police of illegalities in the arrest of a city dentist last year. A division bench of Justices AS Bopanna and Hima Kohli also stayed the state high court's …

IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps
2 years, 4 months ago

IO Omits Appearance As Prosecution Witness Despite Arrest Warrant: Punjab & Haryana HC Says Trial Court Not Powerless, Can Take Coercive Steps

Live Law  

The Punjab and Haryana High Court recently set aside a Trial Court order closing prosecution evidence after the Investigating Officer in the case failed to appear as witness despite multiple attempts. Justice Jasjit Singh Bedi observed that the trial court is not powerless in such cases and that it ought to have taken coercive steps against the official witness. "In …

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case
2 years, 6 months ago

"Domain Of Disciplinary Authority": Delhi HC Stays Trial Court Order Recommending SHO's Suspension Over Poor Conduct In POCSO Case

Live Law  

The Delhi High Court has stayed a Trial Court order recommending suspension of SHO of Kalkaji Police Station and also calling for strict disciplinary action against him, over his non appearance and failure to produce victim in a case registered under Protection of Children from Sexual Offences Act.Justice Anoop Kumar Mendiratta stayed the order till November 25, observing that. The …

Railway Police Force Constables Not Independent Witnesses: Allahabad High Court Grants Bail To NDPS Act Accused
2 years, 6 months ago

Railway Police Force Constables Not Independent Witnesses: Allahabad High Court Grants Bail To NDPS Act Accused

Live Law  

The Allahabad High Court recently granted bail to an accused under Narcotic Drugs and Psychotropic Substances Act as it noted that the constables of the Railway Police Force, who witnessed the alleged recovery, search, and seizure, cannot be said to be independent witnesses.The bench of Justice Subhash Vidyarthi observed that although the search and seizure were conducted at a Railway. …

Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court
2 years, 6 months ago

Court Cannot Order Registration Of FIR Against Investigating Officer U/S 218 IPC Sans Inquiry: Gujarat High Court

Live Law  

The Gujarat High Court has clarified that offences under Sections 218 and 219 of the IPC which pertain to a public servant framing incorrect records for saving a person from punishment and making reports in a corrupt manner, cannot be invoked without initiation of inquiry or in absence of any evidence. The Single Judge Bench was hearing a petition by …

Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal
2 years, 11 months ago

Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal

Live Law  

Emphasising that procedure under Section 50 of the NDPS Act needs to be followed in a just and proper manner, the Gujarat High Court has upheld the order of the trial court in acquitting the Respondent accused of offences under Sections 8, 20, 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act. Averring that the scope in acquittal …

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court
2 years, 11 months ago

Police Officer Not Obligated To Register FIR On Information About Offence "Likely To Take Place": Karnataka High Court

Live Law  

The Karnataka High Court has said it is not necessary to register FIR whenever a police officer receives information over the phone or in some other way about an offence which is likely to take place. Court findings: Senior Advocate Hashmath Pasha referred to the judgement in the case of Lalita Kumari vs Government of Uttar Pradesh and Others and …

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC
2 years, 11 months ago

Framing Of Charges | Investigation Into Offence & Elaborate Appreciation Of Evidence Discouraged, Only Prima Facie Material Significant: Delhi HC

Live Law  

The Delhi High Court has observed that an investigation into the offence and elaborate appreciation of evidence is not required and is rather discouraged at the stage of framing of charges and that only the material prima facie establishing a case against or in favour of the accused is what is significant.Justice Chandra Dhari Singh added that as per the …

Instruct Judicial Officers Over The Manner Of Reflecting Facts Of FIR In Bail Order: P&H High Court To Judicial Academy
3 years, 8 months ago

Instruct Judicial Officers Over The Manner Of Reflecting Facts Of FIR In Bail Order: P&H High Court To Judicial Academy

Live Law  

The Punjab & Haryana High Court on Thursday directed the Director, Chandigarh Judicial Academy to issue appropriate directions to the judicial officers on the manner in which the facts in the FIR need to be reflected in the Bail order, before an opinion whether bail/anticipatory bail is to be granted or declined is formed.The Bench of Justice Arvind Kumar Sangwan …

Submit FIR Details Against All Serving Police Officers In The State Including Their Nature And Status: P&H HC [Read Order]
4 years, 6 months ago

Submit FIR Details Against All Serving Police Officers In The State Including Their Nature And Status: P&H HC [Read Order]

Live Law  

The Punjab and Haryana High Court on Thursday asked for details of the FIRs registered against all serving police officers in the State of Punjab including their nature and status. The Single Bench of Justice Anupinder Singh Grewal also asked the State, through its home secretary, to specify the current posting of such officers. It may be noted that Punjab …

Police opposes former Congress municipal councillor’s plea in HC in UAPA case related to Delhi violence
4 years, 8 months ago

Police opposes former Congress municipal councillor’s plea in HC in UAPA case related to Delhi violence

The Hindu  

The Delhi Police Monday opposed in the Delhi High Court a plea by former Congress municipal councillor Ishrat Jahan, booked under anti-terror law UAPA in a case related to communal violence in northeast Delhi in February, challenging a trial court order extending the time for completing the investigation by 60 more days. The case came up for hearing through video …

Delhi HC Sets Aside Conviction In Murder Case Observing That Testimony Of Sole Eye Witness Wasn't Reliable [Read Judgment]
5 years ago

Delhi HC Sets Aside Conviction In Murder Case Observing That Testimony Of Sole Eye Witness Wasn't Reliable [Read Judgment]

Live Law  

The Delhi High Court on Thursday set aside the conviction order of three convicts in a murder case dating back to 1998, while holding that the testimony of the sole eye-witness based on which the trial court had convicted them was not reliable. The judgment rendered by a division bench comprising of Justice C Hari Shankar and Justice Siddharth Mridul, …

Bombay HC Acquits Two Convicted Of Kidnapping And Murdering A 12-Year-Old Boy For Lack Of Evidence [Read Judgment]
5 years, 7 months ago

Bombay HC Acquits Two Convicted Of Kidnapping And Murdering A 12-Year-Old Boy For Lack Of Evidence [Read Judgment]

Live Law  

The Bombay High Court today acquitted Imtiyaz Shaikh, who was sentenced to death by the sessions court and Azad, who was sentenced to life imprisonment for kidnapping and killing a 12-year-old boy in 2012, due to lack of evidence. Case Background According to the prosecution, deceased victim's father Rajesh Bhadange filed a complaint with the police on June 1, 2012 …

Same Person Cannot Be The Investigating Officer And Complainant In NDPS Cases: Delhi HC Reiterates [Read Judgment]
6 years, 3 months ago

Same Person Cannot Be The Investigating Officer And Complainant In NDPS Cases: Delhi HC Reiterates [Read Judgment]

Live Law  

The Delhi High Court, on Tuesday, reiterated that proceedings under the Narcotic Drugs and Psychotropic Substances Act, 1985 stand vitiated if the same person acts as the Investigating Officer and the complainant.The judgment was passed by Justice C. Hari Shankar.The court was hearing a petition filed by one Gurtej Singh Batth, challenging a judgment passed in August, 2014, whereby. The …

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]
6 years, 4 months ago

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]

Live Law  

‘Though it has nothing to do with the present criminal case, had this been brought to my notice, I would surely have recused myself then and there and not taken up the matter during vacation.’Justice Protik Prakash Banerjee of the Calcutta High Court has recalled an order he passed in a criminal revision petition on the ground that the co-accused …

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]
6 years, 4 months ago

‘Co-Accused Was My Lay Client’: Calcutta HC Judge Recalls Order In Criminal Case [Read Order]

Live Law  

‘Though it has nothing to do with the present criminal case, had this been brought to my notice, I would surely have recused myself then and there and not taken up the matter during vacation.’Justice Protik Prakash Banerjee of the Calcutta High Court has recalled an order he passed in a criminal revision petition on the ground that the co-accused …

Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same Person: Supreme Court [Read Judgment]
6 years, 7 months ago

Accused Entitled To Acquittal If Informant And Investigating Officer Is The Same Person: Supreme Court [Read Judgment]

Live Law  

Update: Merely Because The Investigation Officer Is The Complainant Himself The Trial In NDPS Cases Will Not Be Vitiated And Accused Cannot Be Acquitted On That Ground : SC Constitution Benchhttps://t.co/lhmQkU1HIb— Live Law August 31, 2020In a significant pronouncement, a three-judge bench of the Supreme Court has categorically held that the informant and. Update: Merely Because The Investigation Officer Is …

Unnao rape case: Special court hands over arrested policemen to CBI for interrogation
6 years, 10 months ago

Unnao rape case: Special court hands over arrested policemen to CBI for interrogation

Firstpost  

A special CBI court on Thursday handed over the two policemen arrested in connection with the Unnao rape case to the CBI for interrogation for three days after taking them into judicial custody. Lucknow: A special CBI court on Thursday handed over the two policemen arrested in connection with the Unnao rape case to the CBI for interrogation for three …

Employer Can’t Be Compelled To Appoint A Person Acquitted In Criminal Case: MP HC [Read Judgment]
7 years, 7 months ago

Employer Can’t Be Compelled To Appoint A Person Acquitted In Criminal Case: MP HC [Read Judgment]

Live Law  

The Madhya Pradesh High Court has held that even if a newly-appointed person makes declaration truthfully of having being acquitted in a criminal case, the employer still has the right to consider his antecedents and cannot be compelled to appoint the person.The court rejected an appeal of an aspirant.The appellant challenged the single judge bench order in the appeal taking …

NDPS Act, Being A Presumptive Legislation, The Interpretation Has To Be Strict: SC [Read Order]
7 years, 9 months ago

NDPS Act, Being A Presumptive Legislation, The Interpretation Has To Be Strict: SC [Read Order]

Live Law  

The Supreme Court bench of Justices L.Nageswara Rao and Navin Sinha, on Thursday, in a case under the NDPS Act, restored the acquittal by the Additional Sessions Judge, Ludhiana of an accused, which was reversed by the Punjab and Haryana High Court.The High Court, on an appeal by the State, convicted and sentenced the appellant before the Supreme Court, to …

Ishrat Jahan case: Court reserves order on plea of accused policemen
11 years, 7 months ago

Ishrat Jahan case: Court reserves order on plea of accused policemen

Firstpost  

Additional Chief Judicial Magistrate H S Khutwad of CBI court here today concluded the hearing on an application filed by former IPS officer G L Singhal and Tarun Barot and will pronounce the order on 7 August. Ahmedabad: A special CBI court on Monday reserved its order on an application filed by two policemen accused in the 2004 Ishrat Jahan …

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