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Twist the Throttle: Legal Wrangles in Motorcycle Touring

Contradictions & Omissions: What are contradictions and omissions and how to cross (contradict) the witnesses with their previous statement has been explained

Burden of Proof & Public Prosecutor: While explaining the principles of 106 IEA in criminal cases Hon’ble Supreme Court has addressed the Government to appoint skilled lawyers as Public Prosecutors instead of political considerations

Section 27 IEA: Mere exhibiting the disclosure statement to the IO is not sufficient but the IO must give description about the conversation while recording disclosure statements in evidence

Section 451 Cr.P.C: Petition for disposal (return) of property cannot be filed directly by invoking Article 226 without invoking section 451 Cr.P.C before the concerned court

Case diary: Section 172(3) Cr.P.C: The accused has a right to cross-examine police officer as per section 145 Evidence Act whenever the police officer uses it to refresh his memory

Surrender petition: Accused should surrender only before the Jurisdictional Magistrate

NDPS Act: Confession to the police officer is not admissible and hit under section 25 Evidence Act

No discharge after framing of charges: MLA is not a person who can be removed with the sanction of the government

Reversal of Acquittal: Appellate court cannot reverse the acquittal on fresh appreciation of evidence and without recording any illegality error of law or of fact in the Trial court judgment

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      Section 451 / 457 Cr.P.C: Return of Property: There is no bar to release the property in NDPS Act

      March 11, 2024

      After reviewing the submissions, it is confirmed that the petitioner is the vehicle owner and not involved in the case. The vehicle was rented out to A1/Balamurugan, with no contraband found. Due to the vehicle being exposed to weather since seizure, further detention could damage it. Citing the Apex Court’s decision in a similar case, the Court is inclined to allow return of the vehicle, despite objections from the Additional Public Prosecutor.

      Surrender petition: Accused should surrender only before the Jurisdictional Magistrate

      March 8, 2024

      Unless the case diary and the remand report is transmitted to the Magistrate he would not be able to apply his mind effectively for remand – Practice for decade surrendering before non-jurisdictional Magistrates is strange and dubious practice and severely deprecated – Roshan Beevi vs. Joint secretary (1983 MLW (cri) 289) cannot be applied to IPC offences – Remand would be effected even the Magistrate has no jurisdiction.

      NDPS Act: Confession to the police officer is not admissible and hit under section 25 Evidence Act

      March 6, 2024

      Challenge – Conviction under NDPS Act – Brief Facts – Arrest and interrogation on the spot – Recovered contraband is Ganja – Trial court convicted – High court upheld the conviction – Analysis: Recovery of narcotics from vehicle stopped during transit – Independent panch witnesses not examined – No witnesses or documents to prove the safe keeping of samples – Inventory proceedings were not prepared in the presence of the Jurisdictional Magistrate as per section 52A NDPS Act – Confession to the police officer is not admissible and hit under section 25 Evidence Act – Prosecution failed to prove the charges.

      Automatic vacation of stay: Asian Resurfacing judgment resurfaced

      March 6, 2024

      A Miscellaneous Application was filed in the decided case, in light of the order passed on 4th December 2019 by the Learned Additional Chief Judicial Magistrate, Pune. When the learned Magistrate was called upon to proceed with the trial on the ground of automatic vacation of stay after the expiry of a period of six months, the learned Magistrate expressed a view that when the jurisdictional High Court had passed an order of stay, a Court subordinate to the High Court cannot pass any order contrary to the order of stay. By the order dated 15th October 2020, this Court held that when the stay granted by the High Court automatically expires, unless an extension is granted for good reasons, the Trial Court, on expiry of a period of six months, must set a date for trial and go ahead with the same. Later, an attempt was made to seek clarification of the law laid down in the case of Asian Resurfacing [(2018) 16 SCC 299]. This Court, by the order dated 25th April 2022, did not apply the direction issued in Asian Resurfacing to the facts of the case before it. An attempt was made to apply the directions to an order of stay of the order of the learned Single Judge of the High Court passed by a Division Bench in a Letters Patent Appeal. Hence reference to Larger bench and the same was decided by Constitution bench and held the Asian Resurfacing case as per in curium.

      Approver: Evidence of approver can be admitted even he did not inculpate himself with the crime

      February 29, 2024

      Since the approver did not inculpate himself with the privy of the crime, the Hon’ble High court dismissed the approver’s testimony, set aside the death sentence conviction, and acquitted the respondents. But Hon’ble Supreme court after discussed sections 133, 157 Evidence Act and section 306 Cr.P.C has concluded that once the approver is being removed from the category of co-accused and become the prosecution witness his sole testimony can be admitted with a little corroboration even he did not inculpate himself with the privy of crime.

      Procedure: Sample collection: Assistant Director has no power to seize the sample of meat under Prevention of Cow Slaughter and Cattle preservation Act 1964

      February 28, 2024

      The main issue is that the Assistant Director, who was not legally authorised to take the sample, voluntarily took the meat sample. He also did not issue notice to first three respondents. As a result, Apex Court confirmed the Hon’ble High Court’s order quashing the FIR finding the Assistant Director’s sample collection act was entirely unlawful.

      Section 202 cr.p.c: In cases where jurisdiction is involved as per section 202 cr.p.c Magistrates must wait till the report is received and thereafter summon the accused

      February 25, 2024

      Head notes: Challenge is against the dismissal of quash petition against the compliant filed – Section 202 cr.p.c explained in detail – Magistrate called for report under section 202 cr.p.c after evidence (sworn) was over – Police did not file the report under section 202 cr.p.c – Magistrate ought to have waited till the report was received but summoned the accused – Remand is warranted – Dispute is civil nature and no allegation that the accused company was involved in transaction between 2nd accused and 1st respondent-complaint – Quash set-aside and allowed the appeal.

      Cancellation of bail: Cancelling the bail which granted by another single judge by examining the merits tantamount to judicial impropriety/indiscipline

      February 24, 2024

      Head note: Challenge against the order cancelling the bail application – Appellants were added solely on the basis of confessional statements – State preferred cancellation of regular bail – Cancellation of bail came before the single judge who had not granted the bail – Cancelling the bail which granted by another single judge by examining the merits tantamount to judicial impropriety/indiscipline – Law regarding difference between grant of bail and cancellation thereof – Cancellation of bail should come before the same judge who granted bail.

      Acquittal: If there are convincing eyewitnesses then non-examination of expert does not affect the prosecution case

      February 24, 2024

      Head note: Evidence: appreciation and analysis – Motive for the present incident: In village election informant voted against the accused wife. Also there were case and a case-in-counter going on – Appellant shot PW-1 with gun but the first gunshot hit P.W-1’s mother and she died at the spot – In cross-examination PW-1 states when her mother collapsed he cried but did not hugged her mother but gone to his brother who wrote the FIR but did not accompany PW-1 to the police station – Defence taken was PW-1 while examining a country made pistol a bullet was fired accidently – Appellant acquitted.

      Quash: Normal rule is prosecution for defamation cannot be quashed on the ground that the offending allegations were withdrawn

      February 13, 2024

      Head notes: Factual aspects – Defamation complaint against the petitioner and the appellant seeking transfer – Appellant defamed the Gujarati people as ‘thugs’ – Petitioner withdrawn the offending statements – Respondent was not ready to quash the complaint – Normal rule is prosecution for defamation cannot be quashed on the ground that the offending allegations were withdrawn – Case quashed.

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