NDPS| SC grants bail to man accused of possessing 450 gm smack upon considering 1.5 years of incarceration
The Supreme Court overturned the Rajasthan High Court’s decision, wherein his bail application was dismissed.
The Supreme Court overturned the Rajasthan High Court’s decision, wherein his bail application was dismissed.
‘No reason to interfere with the well-considered findings.’ The High Court’s and Trial Court’s decision for convicting the man for offence under Section 376 of IPC was upheld.
The investigation against the accused was initiated as the main accused had named him but later it was discovered that it was a false accusation, as wife of the main accused had some disputes going on with accused person’s wife, hence, he was falsely implicated.
Justice Sudhanshu Dhulia is a second-generation legal professional who joined the Bar at Allahabad High Court and went on to become Judge at Supreme Court of India.
Supreme Court noted that this is not a case of pre-planned murder as the incident started with a fight between children for “mangoes” which unfortunately flared up when the adults of the families also got involved which ultimately led to the deceased, the father of one of the children, being killed.
Supreme Court said that the finding of the Trial Court on the ground to proceed against the accused is based on suppositions and suspicions, having no foundational support from the materials produced by the prosecution.
“The lack or absence of motive is inconsequential when direct evidence establishes the crime.”
“To make out an offence under cheating the intention to cheat or deceive should be right there from the beginning”.
Supreme Court acknowledged that in case of special law prescribing a limitation period, Section 5 of the Limitation Act would have no application.
Supreme Court clarified that Standing Orders cover wider activities of workmen and were workmen specific, yet, in view of Section 13B of 1946 Act, a specific notification can be made applying CCA Rules 1965 to that specific aspect, but a notification was necessary.
Justice Sudhanshu Dhulia is a second-generation legal professional who joined the Bar at High Court of Judicature at Allahabad and went on to become Judge at Supreme Court of India. His journey from his early schooling days to the present esteemed position is a testament to the power of knowledge, dedication, and the pursuit of justice.
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