Search Results for "Arms Act 1959"

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Supreme Court Allows Appeal in TADA Case Due to Non-Compliance of Section 20A(1) — Prior Approval of DSP Mandatory. The Court held that recording of information under TADA without prior approval of the District Superintendent of Police vitiates the entire proceedings, and the defect is not curable.

The appeal arose from an order of the Designated TADA Court dismissing the appellants' application for discharge on the ground of non-compliance with ...

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Bombay High Court Examines Constitutionality of National Investigation Agency Act, 2008, in Malegaon Blast Case. Petitioners Challenged Legislative Competence and Transfer of Investigation Without State Consent, Arguing Encroachment on State Police Powers.

The matter arose from two criminal writ petitions filed in the Bombay High Court challenging the constitutional validity of the National Investigation...

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Supreme Court Acquits Accused in Dacoity Case Due to Unreliable Dock Identification and Lack of Corroborative Evidence. Conviction under Section 395 read with Section 397 IPC and Section 25 Arms Act set aside as sole eyewitness's testimony was doubtful and recovery of weapon was not linked to crime.

The Supreme Court allowed the appeal of Vinod @ Nasmulla against his conviction under Section 395 read with Section 397 of the Indian Penal Code, 1860...

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Bombay High Court Examines Legality of Preventive Detention Order Under MPDA Act, 1981 Citing Non-Application of Mind and Procedural Flaws. Detention Based on Stale Past Incidents and Improper Communication of Right to Representation Raises Concerns Under Article 22(5).

The petitioner, a resident of Aurangabad, filed a criminal writ petition under Article 226 of the Constitution of India challenging the preventive det...

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Karnataka High Court Dismisses Accused's Appeal Against Murder Conviction and Allows State's Appeal for Arms Act Acquittal. Eyewitness Testimony Upheld and Additional Charge for Unlawful Possession of Weapon Sustained.

The case involves two appeals arising from the judgment of the I Additional District and Sessions Judge, Kodagu, in SC No.50/2014 dated 30.03.2016. In...

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Bombay High Court Quashes Detention Order Under MPDA Act for Lack of Subjective Satisfaction and Stale Grounds. Single FIR and Bail Not Sufficient to Treat Detenu as Dangerous Person Affecting Public Order.

The petitioner, Vishal Aananda Mahabal, was detained under Section 3(1) of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootlegger...

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Bombay High Court Grants Bail to Accused No.2 in MCOC Act Case Due to Lack of Predicate Offences and Long Incarceration. Dichotomy in Complainant's Statements and Non-Recovery of Weapon Weaken Prosecution Case.

The applicant, Gopal Radheshyam Yadav, arraigned as Accused No.2 in Crime No.I-131 of 2018 registered at Tilak Nagar Police Station, Dombivli, sought ...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind and Mechanical Confirmation. Detenu's Preventive Detention Set Aside as Authorities Failed to Consider Relevant Material and Confirmatory Order Was Passed Without Independent Application of Mind.

The petitioner, Ashokrao Uttamrao Pawar, father of the detenu Umesh @ Bunty s/o Ashok Pawar, filed a Criminal Writ Petition challenging the detention ...