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PLRonline.in

[SC] Consumer Protection Act, 1986 - Remedy of appeal to Supreme Court does not lie against orders passed by NCDRC in Appeal or revision - Only writ lies under Art. 226/227.(2023-2)210 PLR 600 (SC)

CrPC S. 482 – Quashing - Types of materials the High Court can assess to quash an FIR - Court drew a fine distinction between consideration of materials that were tendered as evidence and appreciation of such evidence - Only such material that manifestly fails to prove the accusation in the FIR can be considered for quashing an FIR. 2004 SupremeCourtOnline 0101 (SC)

CrPC S. 82(1) – Clear 30 days – If a person is declared a proclaimed offender on account of their non-appearance before the court on a subsequent date, whereas for the said subsequent date, there was no proclamation under Section 82(1) of the CrPC ordered or effected, it is liable to be set aside. (2023-2)210 PLR 631

in Criminal, CrPC

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NDPS S. 15, 29, 37 – CrPC S. 439 – Commercial quantity – Regular bail – Petitioner is in custody for last 1 year and 10 days; out of a total of 18 prosecution witnesses, none has been examined – Further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India. [ID#430771]

Bail – As per custody certificate, petitioner, who is a young man aged 22 years, has already suffered incarceration for about 01 year 10 months and 15 days & is not shown to be involved in any other case – Bail granted – IPC, Sections 354- B, 376DA, 506, 216 – POCSO Act, Section 6

Constitution of India

Constitution of India, Article 22 – NDPS S. 3, 9, 11 – Preventive Detention – Whether an order of Preventive detention could have been passed solely on the basis of past involvement of the accused in the cases under the NDPS Act and formation of an opinion about the likelihood of the involvement of the suspect in further offences as well on the basis of the antecedents ? [2024 PLRonline 011 , 2024 PHHC 081331]

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