Court : Supreme Court of India
Reported in : 2012(1)SCC748; 2012(1)SCC(Cri)684; AIR2012SC1751; 2012CriLJ2174
..... was allowed and as directed by the sessions court the appellant's complaint came to be registered ..... the complaint, the appellant moved the sessions court in revision. ..... he, then, filed a writ petition (writ petition no.4368/2004) before the madhya pradesh high court contending inter alia that while he was taken to the police station and was kept there in custody in the night of june 8, 1992, he was handcuffed by the police without ..... the accused in the complaint filed by the appellant then moved the high court in a quashing application (miscellaneous criminal case no.1676/2000) and the high court by order dated september 17, 2002 allowed the application holding that the complaint was not maintainable against the public servants in the absence of ..... appeals are filed against orders passed by the madhya pradesh high court in two separate cases though arising from the same set of ..... the appellant challenged the order of the high court before this court in slp(c) no.179/2003, but it was ..... we find that the division bench of the high court on a detailed examination of the matter found and held that there was no material to suggest even a prima facie case against the collector, jabalpur, and the other government officers accused by ..... the collector, therefore, called the city magistrate and instructed him to take out rs.10,000/- ..... instituted against him under section 420 read with section 34 of the indian penal code and under section 3/4 of the [madhya pradesh] recognized examinations act, 1937. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2010)8SCC233
..... solanki was examined as pw-30 and testified before the principal sessions court at tirunelveli as to the same. ..... besides, in the present case, as pleaded by the appellant, a1 gave a representation on 9.5.2005 with a request to the judicial magistrate court, thenkasi and also magistrate court at senkottai stating that his confessional statement which implicated the appellant was not voluntary and that he was forced to give the same by the police. ..... by the said judgment, the high court reversed the judgment of acquittal of the appellant passed by the principal sessions judge, tirunelveli, and convicted the appellant, arul raja under section 302 read with section 120-b of the indian penal code, 1860 ("ipc"), and sentenced him to undergo life imprisonment and to pay a fine of ..... 11.counsel for the appellant argued that the statement of a1 is not a dying declaration within the meaning of section 32(1) of the evidence act, 1861, since the very fact of his surviving negates the requirements to be complied in the said provision. ..... it may not be necessary that the actual words used by the accused must be given by the witness but it is for the court to decide on the acceptability of the evidence having regard to the credibility of the witnesses." 54. ..... we must now consider whether the statement made by a1 and recorded by the executive magistrate of ahmedabad city in the morning of 26.12.2005, which is proved as ex. ..... 7.in the morning of 26.12.2005, the executive magistrate of ahmedabad city, mr. .....
Tag this Judgment!Court : Supreme Court of India
..... to selling expired drugs and the detaining authority by pointing out that necessary steps are being taken by his relatives to take him out on bail and since in similar cases, bails were granted by the courts after lapse of some time and if he comes out on bail, he will indulge in further activities which will be prejudicial to the maintenance of public health and order and recourse to normal criminal law ..... dated 08.04.2010 imposed on ramakrishnan under the tamil nadu prevention of dangerous activities of bootleggers, drug offenders, forest offenders, goondas, immoral traffic offenders, sand offenders, slum-grabbers and video pirates act, 1982 on the allegation that he was selling expired drugs after tampering with labels and printing fresh labels showing them as non- expired drugs, his wife filed a habeas corpus petition before ..... was granted bail from the courts and in one case he has been convicted and sentenced to undergo rigorous imprisonment for a term of nine years by the sessions court, bangalore. ..... whereby the high court dismissed the writ petition filed against the order of detention dated 22.09.2010 passed by the commissioner of police, bangalore city, vide crm(4)/dtn ..... rowdy sheet a charge sheet has been filed in the 3rd acmm court, bangalore city on 10.06.1987 and the same was taken on file in cc no ..... mudvi, pi, ccb bangalore city along with police inspectors and staff conducted raid ..... the detention order was passed on 22.09.2010 by the commissioner of police, bangalore city. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC469; 1974CriLJ459; (1974)4SCC210; [1974]3SCR84; 1974(6)LC763(SC)
..... . the sessions court, on the other hand, thought that there was no reliable evidence to show that the appellant had ..... appellant was carrying the parcel would not justify the inference that the drug was stocked for sale.4. that decision was set aside in appeal by the high court of bombay (nagpur bench) which held that the prosecution had proved conclusively that the accuse had stocked the drug for sale ..... by the learned judicial magistrate, first class, malkapur for offences under sections 18(a)(ii) and 18(c) read with sections 27(a)(ii) and 27(b) of the drugs and cosmetics act, 23 of 1940, on the charge that he had stocked for sale a misbranded drug and that he had no licence for stocking the drug for ..... shall be punishable with imprisonment, for a term which shall not be less than one year but which may extend to ten years and shall also be liable to fine, provided that the court may, for any special reasons to be recorded in writing, impose a sentence of imprisonment of less than one year.6 ..... a drug on his person in contravention of the terms of the act and it is, proved that the drug is kept or carried for sale, the act must fall within the mischief of the law under consideration ..... . the plain meaning of the word 'stock' in these provisions of the act is 'to keep' and the injunction of the law, means no more than this that no person shall keep for sale a misbranded drug or a drug in respect of which ..... . in busy commercial cities, the streets are crowded with mobile hawkers who .....
Tag this Judgment!Court : Supreme Court of India
..... amit lubhaya, learned counsel appearing for the state of rajasthan, on the other hand, contended that the sessions court has rightly convicted the appellant and there has been a substantial compliance of the procedure laid down under section 50 of the - ndps act. ..... consequently the conviction and sentence imposed by the sessions court and affirmed by the high court are set aside. ..... the sessions court after having found guilty, convicted the appellant and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of rs.1 lakh and, in default, to further under go simple imprisonment for one year ..... we notice this fact is also within the knowledge of the legislature, possibly for that reason the legislature in its wisdom imposed an obligation on the authorized officer acting under section 50 of the ndps act to inform the suspect of his right under section 50 to be searched in the presence of a gazetted officer or a magistrate warranting strict compliance of that procedure.10 ..... the suspect may or may not choose to exercise the right provided to him under the said provision, but so far as the officer concerned, an obligation is cast on him under section 50 of the ndps act to apprise the person of his right to be searched before a gazetted officer or a magistrate. ..... pw1, additional superintendent of police (crimes), jaipur city, jaipur got secret information that on 25.2.2001 one ashok kumar, the appellant herein would be selling smack to a person near nandipur under bridge .....
Tag this Judgment!Court : Supreme Court of India
..... 3 xlviii additional city civil and sessions judge (special court for trial of cbi cases) city civil court, bangalore. ..... coming to the issue as to the stage of production of the certificate under section 65-b of the act is concerned, this court in arjun panditrao khotkar s case (supra) held that the certificate under 65-b of the act can be produced at any stage if the trial is not over. ..... vide order dated 20.06.2017, the trial court opined that the certificate issued under section 65-b of the act produced on 27.04.2017 was not admissible in evidence. ..... , sampangirama12 and adugodi13 police stations for the offence punishable under sections 120b, 121, 121a, 123, 153a, 302, 307, 326, 337, 435, 506 & 201 of the ipc14 and sections 3 to 6 of the explosive substances act, 1908, sections 3 and 4 of the prevention of destruction and loss of property act, 1981, sections 3 and 4 of the prevention of damage to public property act, 1984 and sections 10 and 13 of the unlawful activities (prevention ..... by permitting the prosecution to produce the certificate under section 65b of the act at this stage will not result in any irreversible prejudice to the accused. ..... there was no delay as immediately after the court rejected the report dated 29.11.2010 of cfsl on 07.04.2017, an application was filed on 16.12.2017 seeking to produce the certificate under section 65b of the 4 act dated 27.04.2017. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2013(2)SCC67
..... amit lubhaya, learned counsel appearing for the state of rajasthan, on the other hand, contended that the sessions court has rightly convicted the appellant and there has been a substantial compliance of the procedure laid down under section 50 of the - ndps act. ..... consequently the conviction and sentence imposed by the sessions court and affirmed by the high court are set aside. ..... the sessions court after having found guilty, convicted the appellant and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of rs.1 lakh and, in default, to further under go simple imprisonment for one year ..... we notice this fact is also within the knowledge of the legislature, possibly for that reason the legislature in its wisdom imposed an obligation on the authorized officer acting under section 50 of the ndps act to inform the suspect of his right under section 50 to be searched in the presence of a gazetted officer or a magistrate warranting strict compliance of that procedure.10 ..... the suspect may or may not choose to exercise the right provided to him under the said provision, but so far as the officer concerned, an obligation is cast on him under section 50 of the ndps act to apprise the person of his right to be searched before a gazetted officer or a magistrate. ..... pw1, additional superintendent of police (crimes), jaipur city, jaipur got secret information that on 25.2.2001 one ashok kumar, the appellant herein would be selling smack to a person near nandipur under bridge .....
Tag this Judgment!Court : Supreme Court of India
..... -accused applied for bail before the sessions court at surat by filing the criminal ..... undertaken either singly or jointly, as a member of an organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a competent court within the preceding period of ten years and that court has taken cognizance of such offence; 13 the above definition of organised crime, as its elements indicate, incorporates two other concepts namely, a continuing unlawful activity and an organised crime syndicate. ..... organised crime syndicate or on behalf of such syndicate in respect of which more than one charge-sheets have been filed before a 3 competent court within the preceding period of ten years and that court has taken cognizance of such offence; (f) organised crime syndicate means a group of two or more persons who, acting either singly or collectively, as a syndicate or gang indulging in activities of organised crime; the combined reading of the aforesaid provisions suggest that ..... of the non-obstante clause in the sub-section that the power to grant bail by the high court or court of sessions is not only subject to the limitations imposed by section 439 of the code but is also subject to the limitations placed by section 20(4) of the 2015 act. ..... city, district surat for the offences punishable under sections 3(1)(i) and (ii), 3(2) and 3(4) resply of the gujarat control of terrorism and organised crime act, 2015 (for short, the 2015 act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2001(1)ALD(Cri)548; 2001ALLMR(Cri)452(SC); 2001(1)ALT(Cri)230; 2001CriLJ1254; 2001(74)ECC287; 2001(134)ELT611(SC); (2001)3GLR168; JT2001(3)SC120; 2001(I)OLR428; RLW2001(1)S
..... the said case is being tried before the court of additional city sessions judge, ahmedabad.4. ..... when so recast, the practice which can be a better substitute is this : whenever an objection is raised during evidence taking stage regarding the admissibility of any material or item of oral evidence the trial court can make a note of such objection and mark the objected document tentatively as an exhibit in the case (or record the objected part of the oral evidence) subject to such objections to be decided 'at the last stage in the final ..... we are compelled to say that the trial judge should have shown more sensitivity by adopting all measures to accelerate the trial procedure in order to reach its finish within the time frame indicated by this court in the order dated 31.3.2000 since he knew very well that under his orders an accused is continuing in jail as an undertrial for a record period of more than seven years. ..... now, we feel that the additional judge, whether the present incumbent or his predecessor, was not serious in complying with the directions issued by this court, though the parties in the case have also contributed their share in bypassing the said direction.12. ..... from the records available with us we have perceived that the respondent moved the high court of gujarat for bail on the ground that the court is not closing the trial despite the direction for speeding up the steps. ..... panchal, for various offences under the narcotic drugs and psychotropic substance (ndps) act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995(43)BLJR1049; 1995CriLJ2662; 1995(2)Crimes182(SC); 1995(50)ECC117; 1995(78)ELT649(SC); (1995)2GLR1315; JT1995(3)SC489; 1995(2)SCALE576; (1995)3SCC610; [1995]3SCR117; [1
..... the appellants were charge-sheeted, tried by the additional city sessions judge, ahmedabad, and convicted and sentenced as aforesaid.4. ..... we may further say that in the case under the narcotic drugs & psychotropic substances act, it is the duty of the court to raise presumption under section 114(e) of the evidence act, if the police officer has not deposed in his evidence before the court and if the court does not raise such a presumption, then it would be falling in its duty.section 50(1) of the narcotic drugs & psychotropic substances act reads thus:when any officer duly authorised under section 42 is about to search ..... when the officer concerned has not deposed that he had followed the procedure mandated by section 50, the court is duty bound to conclude that the accused had not had the benefit of the protection that section 50 affords; that, therefore, his possession of articles which are illicit under the narcotic drugs & psychotropic substances act is not established; that the pre-condition for his having to satisfactorily accounted for such possession has not ..... it was contended by learned counsel appearing for the appellants before the high court that, under the provisions of section 50 of the narcotic drugs & psychotropic substances act, the appellants were required to be informed of their right to be searched in the presence of a gazetted officer or a magistrate and there was no evidence to show that psi rathod or psi rana had informed the appellants accordingly; there being .....
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