Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Illegal gratification - Currency notes in question were placed on working table of accused as per demand of accused as stated by PW3 - However, accused till seizure had not touched currency notes in question - Said fact fortified from fact that hand wash of accused being taken, but colour did not turn pink -..........
Indian Penal Code, 1860, Section 323, 504, 506, 452, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(X) -- Offence u/ss 323, 504, 506, 452 IPC and S.3(1)(X) of SC/ST Act - Complainant and his two witnesses were present on the spot at the time of occurrence - There is no exaggeration, material contradiction or embellishment in..........
Indian Penal Code, 1860, Section 120B, Unlawful Activities (Prevention) Act, 1967, Section 38 -- Criminal Conspiracy - Supporting terrorist activities - A1 was propagating ideology of ISIS and advocating among other things, war against no, Muslims, that classes were attended by A-2, videos relating to such speeches were found on her person when she was arrested and that..........
Indian Penal Code, 1860, Section 120B, Unlawful Activities (Prevention) Act, 1967, Section 38 -- Criminal Conspiracy - Supporting terrorist activities - Reduction of sentence - Material on record indicates role played by A-2 - Even at the time of arrest of A-2, while leaving for Afghanistan, certain objectionable material was found on her person - Intensity of her..........
Prevention of Food Adulteration Act, 1954, Section 13(2) -- Compliance of S.13(2) of the Act - Furnishing report of Analyst to accused - Report despatched by registered post - No evidence brought on record to indicate that report was actually served or delivered to accused - Held, mere despatch of report is not sufficient - Accused cannot be held guilty - Accused..........
Prevention of Food Adulteration Act, 1954, Section 7(1), 16(1)(a)(i), 10 -- Milk - Sample to be collected in the presence of an independent witness - Independent witness not supporting prosecution case - Held, manner as to whether sample was appropriately taken after properly stirring the milk and whether same was sent for analysis also in such manner not established -..........
Prevention of Food Adulteration Act, 1954, Section 7(1), 16(1)(a)(i), 10 -- Milk - Sample found deficient - Independent witness not supporting prosecution case - Uncorroborated testimony of PW-1 Food Inspector cannot be relied upon to sustain conviction - Accused acquitted...........
Indian Penal Code, 1860, Section 420, 467, 468, 471, 304B, 201, Prevention of Corruption Act, 1988, Section 13(1)(d), 13(2) -- Cheating - Opening of fictitious account in Bank without proper verification in accordance with banking regulations and deposits in the same and withdrawals by bank employees - CFSL Officer deposed that account opening form of fictitious account..........
Criminal Procedure Code, 1973, Section 207, 208 -- Supply of deficient/illegible documents - Proceedings under Prevention of Money Laundering Act (PMLA Act) - Neither S.207 Cr.P.C nor S.208 Cr.P.C can be applied mutatis mutandis to proceedings under PMLA Act - Matter is at the stage of pre-charge consideration and this stage cannot be construed to be a stage of trial -..........
Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, Section 3(3) -- Preventive detention - Communication of detention order to detenue - No statutory obligation on part of detaining authority to serve grounds of detention and relied upon documents on very same day of service of order of detention - Serving of detention order, grounds of..........
