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Gujarat High Court Quashes Preventive Detention Order in NDPS Case for Lack of Material Linking to Public Order. Detention under Section 3(1) of PITNDPS Act, 1988 set aside as mere involvement in drug offences does not justify preventive detention without evidence of disturbance to public order.

The petitioner, Vaibhavbhai @Bapu Kishorbhai Nimbark, through his mother Nimbark Hiraben Kishorbhai, challenged the legality and validity of a prevent...

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Gujarat High Court Quashes Preventive Detention Order in NDPS Case for Lack of Public Order Impact. Detention under PITNDPS Act set aside as mere involvement in drug offenses without material showing disturbance to public order does not justify preventive detention.

The petitioner, Karshanji Vaghaji Morthala (Thakor), through his brother Narshinbhai Vaghajibhai Morthala, challenged a preventive detention order dat...

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Supreme Court Restores Conviction for Aggravated Penetrative Sexual Assault Under POCSO Act Despite Victim's Consent and Cohabitation. Consent of a Minor Is Irrelevant for Offences Under the POCSO Act and Section 376 IPC, and the High Court Exceeded Its Jurisdiction by Acquitting Based on Such Consent.

The Supreme Court of India dealt with a suo motu writ petition and a criminal appeal arising from a judgment of the Calcutta High Court. The backgroun...

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Supreme Court Clarifies Legal Insanity Defence Under Section 84 IPC and Burden of Proof Under Section 105 Evidence Act. The court held that insanity must be legal, not medical, to exempt from criminal liability, with the accused bearing the burden of proof on a preponderance of probabilities standard.

The judgment involved an appeal where the appellant raised the plea of insanity under Section 84 of the Indian Penal Code, 1860, seeking reversal of a...

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Bombay High Court Quashes Preventive Detention Order Under MPDA Act for Non-Application of Mind and Procedural Lapses — Detenu's Right to Make Effective Representation Violated

The petitioner, father of the detenu, challenged the preventive detention order dated 17/10/2019 passed by the Commissioner of Police, Brihan Mumbai, ...

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Bombay High Court Upholds Conviction of Appellants in Murder, Abduction, and Robbery Case — Life Imprisonment Confirmed. Circumstantial Evidence Sufficient to Establish Conspiracy Under Section 120-B IPC Despite Lack of Direct Link Between Co-Accused.

The case involves two criminal appeals filed by Cyrone Rodrigues and Chandrakant Talwar & Pappu @ Appu against their conviction and sentencing by the ...

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Bombay High Court Upholds Juvenile Board's Decision to Try Older Juvenile as Adult in Murder Case — Section 15 of Juvenile Justice Act, 2015 Requires Individualized Assessment of Physical and Mental Capacity to Commit Offence.

The case involves two juveniles, aged 17.5 years and 16.5 years, accused of murdering a three-and-half-year-old child. The Juvenile Justice Board, aft...

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Bombay High Court Upholds Conviction of Nigerian National in NDPS Case — 13-Year Rigorous Imprisonment Affirmed. Conscious possession of 2.5 kg heroin in checked-in baggage established; presumption under Section 35 NDPS Act not rebutted.

The appellant, Okacha Mike, a Nigerian national aged 68 years, was convicted by the Special Judge under the NDPS Act for offences punishable under Sec...

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Bombay High Court Quashes Detention Order Under MPDA Act for Non-Application of Mind. Detaining Authority Failed to Independently Consider Grounds, Leading to Mechanical Affirmation of Proposal.

The petitioner, brother-in-law of the detenu Janardan @ Janyadada Chintaman Bhoir, filed a habeas corpus petition challenging the detention order date...