Indian Penal Code, 1860, Section 120B, 124A, 153A, 153B, 505(1)(b), 505(1)(C), 505(2), Unlawful Activities (Prevention) Act, 1967, Section 13(1)(b) -- Framing of charge - Discharge of accused - As regards Section 227 of Cr.P.C, which is captioned `Discharge', a trial Court while entering upon a legal drill of examining a discharge plea should go by the record of the case..........
Unlawful Activities (Prevention) Act, 1967, Section 43D(5) -- Bail - While granting bail Court has to consider twin requirements as provided u/s 43-D(5) of the Act: (i) public prosecutor has to be given an opportunity of being heard; (ii) Court is of the opinion that there are reasonable grounds for believing that accusation against such a person is prima facie true...........
Criminal Procedure Code, 1973, Section 439, Unlawful Activities (Prevention) Act, 1967, Section 39, 40 -- Bail - Offence u/ss 39, 40 of UAPA - Prima facie there is no satisfaction that acts which are committed by accused have been committed with intention to further the activity of a terrorist organization - It is not the case of accused that they did not make the payment..........
Prevention of Money Laundering Act, 2002, Section 3 -- Offence u/s 3 of PML Act - Irrespective of where FIR relating to scheduled offence was filed and irrespective of which Court took cognizance of scheduled offence, question of territorial jurisdiction of a special Court to take cognizance of a complaint under PML Act should be decided with reference to places where..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r)(s), 3(2)(v) -- Offence u/ss 3(1)(r)(s), 3(2)(v) of SC/ST Act - Use of abusive language and scolding with intent to undermine any individual belonging to SC/ST community is an offence punishable under law - Charges rightly framed against accused...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14(2), Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Offence under SC/ST Act - High Court cannot entertain an application u/ss 438, 439 Cr.P.C for an offence under SC/ST Act as authority has been taken away from High Court impliedly by S.14-A(2) of SC/ST Act which makes High..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Demand and recovery both must be proved in order to sustain conviction under the Act...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d) -- Illegal gratification - Recovery of money - Conviction on the assumption that money has been recovered as such there was demand of illegal gratification - This is not a case where there was circumstantial evidence to prove the demand - Accused acquitted...........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - Complainant died prior to his examination - There is no direct evidence to prove allegations of demand prior to date of trap and on the date of trap - Solitary circumstance on which prosecution sought to prove the guilt is recovery of amount which is doubtful - Benefit of presumption..........
Prevention of Corruption Act, 1988, Section 7, 13(1)(d), 13(2) -- Illegal gratification - True version of accused was not recorded in post trap proceedings - Said fact has support from contents of S.164 Cr.P.C of de facto complainant - Case of prosecution thus, rightly disbelieved - Acquittal upheld...........
