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Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand. Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility. Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities. Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence. Army Act, 1950 — Sections 63 and 69 — Possession of ammunition — Substitution of conviction — Tribunal can substitute conviction from a civil offence (Section 69) to an act prejudicial to good order and discipline (Section 63) if evidence supports the latter and the original court-martial could have lawfully found the accused guilty of the substituted offence.

Motor Vehicles Act, 1988, S.166—Accident—License—Photocopy of license was marked as exhibit-Once the license was proved by the driver and marked in evidence and without there being any objection by the Insurance Company, the Insurance company had no right to raise any objections about the admissibility and manner of proving the license at a later stage.

2016(5) Law Herald (P&H) 3988 (SC) : 2018 LawHerald.Org 1897 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice J. Chalameswar  The Hon’ble Mr, Justice Abhay Manohar Sapre…

Indian Penal Code, 1860, S.302–Murder–Fixed period of sentence-High court is empowered to impose a fixed term sentence—Contention that when IPC provides for only two punishments i.e. imprisonments for life or death, the court cannot introduce a third category of punishment, rejected

2016(5) Law Herald (P&H) 3885 (SC) : 2016 LawHerald.Org 1920 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice C. Nagappan Criminal…

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