The recent arrest and subsequent detention of Aryan Khan, the son of Bollywood superstar, Shah Rukh Khan, following a raid on a luxury yacht by the Narcotics Control Bureau has again rekindled the discussion in the legal fraternity as to whether offences relating to small quantity drugs or psychotropic substances are bailable or not. This paper is a quest in search of an answer in this regard.
The Court held that the joint complaint filed by the respondents is not completely vitiated in law and, therefore, the complaint, which is still pending adjudication before the trial court, can still continue for and on behalf of one of the two complainants and the other complainant can be asked to chose his remedy separately as may be permissible in law.
The Single Bench of the High Court of Jammu and Kashmir presided over by Justice Javed Iqbal Wani observed while dismissing an anticipatory bail application… Read More »While granting bail the Court cannot go in-depth to ascertain the probability of the conviction of an accused: J&K High Court
The Single Judge Bench of the J&K High Court presided over by Justice Javed Iqbal Wani on 24th of March, 2021 set aside the impugned Order passed by the JMIC, Kotranka, and observed that the Magistrate cannot direct further investigation suo moto in a case when the investigation agency or the parties have not prayed for it.
Let’s understand these provisions in light of a judgment passed by the Lucknow bench of the Allahabad High Court in a case titled Ram Khelawan vs State of UP & Ors.
The most important stage in any case, whether it be civil or criminal, is leading evidence during the trial by the parties in support of their case. The evidence adduced by the parties may be primary, secondary or in electronic form and the method of their admissibility is provided under the Indian Evidence Act.
First, a few words about how the law embraced the IT revolution. The IT Act, 2000 has given sanctity to electronic records and the definition of ‘evidence’ in the Evidence Act, has been expanded to include electronic records.
In the instant case in view of the facts and circumstances of the present case and also considering nature of allegations made in the application under Section 156(3) Cr.P.C., rejection of the prayer of investigation by police and instead of it, treating the application as complaint cannot be said against the provisions of law or suffering from any perversity or error of jurisdiction.