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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.

Criminal Procedure Code, 1973 (CrPC) – Section 161 – Statement to police – Delay in recording – Delay of 13 days in recording statement of informant, who allegedly lodged FIR within half an hour of incident – In this case of murder there was a delay of almost 13 days in recording the statement of the informant under Section 161, Cr.P.C. Moreover, the High Court found the explanation given by the Investigating Officer rather unconvincing.

  AIR 2005 SC 762 : (2005) CriLJ 892 : (2005) 1 JT 89 : (2005) 10 SCC 399 : (2005) AIRSCW 359 : (2005) 1 Supreme 263 SUPREME COURT…

Constitution of India, 1950 – Article 32 -Conduct of the investigation – A complaint by the Finance Minister that ‘N’ was an agent of foreign intelligence agency and was indulging in anti national activities and had built up a business empire of Rs. 300 crores within a period of nine years, a decision was taken that the matter needs to be probed

  (2013) 13 SCALE 201 : (2014) 1 SCC 93 SUPREME COURT OF INDIA RATAN N. TATA — Appellant Vs. UNION OF INDIA (UOI) AND OTHERS — Respondent ( Before…

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