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PLRonline.in

IPC S. 363, 366 - Abductee minor had clearly stated that she was neither taken away nor induced and that she had left her home of her own freewill - Section 366 IPC would come into play. [PLRonline #418506]

Sarfaesi - Security Interest (Enforcement) Rules, 2002, Rule 9 - Auction - Confirmation - Rule 9(1) does not deal with the confirmation by the authorised officer it only provides confirmation by the secured creditor - There cannot be any forfeiture until and unless the sale is confirmed by the secured creditor. [ID# 1310103]

eSakshya (e-evidence)

in Criminal, Digital Evidence

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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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