Prevention of Corruption Act, 1988, Section 5(1)(d), (2) -- Prior demand - If evidence is trust worthy it makes the trap legitimate otherwise it would be an illegitimate trap...........
Prevention of Corruption Act, 1988, Section 5(1)(d) -- Once the evidence of earlier demand is not proved then the entire trap becomes illegal...........
Prevention of Corruption Act, 1988, Section 5(1)(d) -- Illegal gratification - Complainant himself immediately after handing over money to accused demanded receipt from him - Held, it is indication of fact that money was being paid as legal remuneration and not as bribe - Conviction set aside...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(x) -- Necessary ingredients of the offence are - (i) the act attributed should amount intentional insult or intimidation; (ii) it should be done with intent to humiliate; (iii) it should be directed against a member of a Scheduled Caste or a Scheduled Tribe; (iv) the act attributed..........
Criminal Procedure Code, 1973, Section 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3 -- Offence u/s 3 - Anticipatory bail - When accused called the complainant 'Kutya Chuhria' he was not aware that complainant belonged to Balmiki Caste - Prima facie the essential ingredients of the offence are missing and for that reason bar..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(1)(i) -- Detention order - Arrest of the petitioner for an offence u/Ss.132 & 135 of Customs Act, 1962 and subsequently enlarged on bail - Show cause notice also issued to him - Detention order issued on 01.03.2001 after lapse of seven months of the date of incident - Non placement..........
Terrorists and Disruptive Activities (Prevention) Act, 1987, Section S.15, Terrorists and Disruptive Activities (Prevention) Rules, 1987, Rule 15 -- Offence under TADA - Confession before police - Police Officer who recorded the confession has not certified that he believed that the confession was voluntarily made - Confession not admissible in evidence...........
Criminal Procedure Code, 1973, Section 321, Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3(1) -- Withdrawal from prosecution - Application filed by State Government for withdrawal from prosecution in respect of the offences charged under the various provisions of TADA Act declined by the Designated Court - Held that order passed by the designated..........
Criminal Procedure Code, 1973, Section 321, Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 3(1) -- Withdrawal from prosecution - Rejecting of application filed by the State Government by Designated Court on the ground that it had not given any reason for withdrawal from prosecution and that mere use of the expression `janhit' was not sufficient for..........
Terrorist and Disruptive Activities (Prevention) Act, 1987, Section 15 -- Confession statement - Admissibility in evidence - Charges framed under the provisions of TADA Act and IPC - Acquittal of the appellants for charges under TADA Act - The confession recorded under TADA Act by the police officer could be of some assistance to the prosecution if recorded in accordance..........
