Prevention of Food Adulteration Act, 1954, Section 13(2) -- Reduction in sentence - Sample of Red Chilly power found to be adulterated - Appellant convicted and sentenced to one year by trial Court - High Court reduced sentence to 3 months which is minimum prescribed in law - Held, no further benevolence can be shown to appellant - There is no special circumstances which..........
Prevention of Terrorism Act, 2002, Section 50 -- Sanction for prosecution - Non application of mind - Prosecution failed to prove that sanction was granted by Government either on basis of informed decision or on basis of independent analysis of fact by consulting the I.O. - Clear non application of mind by Home minister in granting sanction - Sanction order not valid..........
Criminal Procedure Code, 1973, Section 164, Prevention of Terrorism Act, 2002, Section 32 -- Confession - Provision of Special Act will prevail over provisions of General Act - Constitutionality of the POTA was declared as valid as its provisions will prevail over Cr.P.C. - Considering the stringency of provisions of POTA and grave consequences, Court need to ensure that..........
Prevention of Terrorism Act, 2002, Section 32(3) -- Confessional statement - Time gap - Accused persons made confessions after 11 months from the date of incident - Mere period of 15 munities does not appear to be reasonable time for reflection on the incident of the attack and their involvement in the same...........
Prevention of Terrorism Act, 2002, Section 32(5) -- Confessional statement - Admissibility - Procedural safeguard - CJM recorded the statement of accused persons, read it over to them and inquired about any coercion and torture, all in a period of half an hour - Said act is highly improbable as confessional statement running to more than 15 pages cannot be read back to..........
Prevention of Terrorism Act, 2002, Section 32(5) -- Confessional statement - Plea that accused must be sent for medical examination only if there is a complaint of torture and only in that case, he must be sent to judicial custody - Said plea not justified as use of phrase, "shall be sent to judicial custody" after confession is a mandatory requirement in comparison to the..........
Prevention of Terrorism Act, 2002, Section 32, 52 -- Confessional statement - Admissibility - Neither police officer recorded confessional statements nor CJM followed statutory mandates laid down u/ss 32, 52 POTA while recording confessional statements of accused persons - Confessional statements inadmissible...........
Prevention of Terrorism Act, 2002, Section 32 -- Confessional statements of accused cannot be relied upon if they are retracted unless corroborated by independent evidence...........
Prevention of Terrorism Act, 2002, Section 32 -- Retracted confessional statement of accused - Cannot be used to corroborate retracted confessional statement of co-accused...........
Prevention of Terrorism Act, 2002, Section 3, 4, 5, 21, 22, 50, Explosive Substances Act, 1908, Section 3, 4, 6, Indian Penal Code, 1860, Section 302, 307, 121, 153A, 120B, Arms Act, 1959, Section 27 -- Murder - Attack on Akshar Dham Temple - Sanction for prosecution was not valid under POTA on account of no, application of mind - Even, confessional statements of accused..........
