Skip to main content

Offence committed at two different places may form part of same criminal conspiracy

In Okechuku Mathew v. State of H.P., 2017, order dated December 29, 2017, High Court of Himachal Pradesh decided a criminal miscellaneous petition filed under Section 439 of CrPC, wherein it declined to grant the relief of bail as prayed for by the petitioner-accused.

The petitioner was accused in a criminal case filed under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The facts of the case were that 15 gms of heroin was recovered from the possession of the co-accused in this case. He told that he purchased the heroin from the petitioner herein. The incident took place in Kasol, H.P. Police searched the petitioner’s house in Delhi and recovered 1.5 kg of heroin. Learned counsel for the petitioner submitted that the entire process initiated against the petitioner by the State was illegal and without jurisdiction by the police of the State from a place beyond its jurisdiction and for this reason alone, the petitioner was entitled to be granted bail.

The High Court perused the record and was of the opinion that the recovery was made in the course of investigation which the police was conducting pursuant to the arrest of the co-accused in Kasol. The contention of the learned counsel for the petitioner that the process initiated against the petitioner by the State was illegal, void and without jurisdiction was without any merit because it was in the course of investigation of an offence committed in the State of H.P. in which involvement of the present petitioner was alleged, that the petitioner was apprehended with huge quantity of heroin in Delhi. The offence committed by the petitioner at New Delhi and the one committed at Kasol formed part of the same criminal conspiracy.

Comments

Post a Comment

Most viewed this month

Inherited property of childless hindu woman devolve onto heirs of her parents

In Tarabai Dagdu Nitanware vs Narayan Keru Nitanware, quashing an order passed by a joint civil judge junior division, Pune, the Bombay High Court has held that under Section 15 of the Hindu Succession Act, any property inherited by a female Hindu from her father or mother, will devolve upon the heirs of her father/mother, if she dies without any children of her own, and not upon her husband. Justice Shalini Phansalkar Joshi was hearing a writ petition filed by relatives of one Sundarabai, who died issueless more than 45 years ago on June 18, 1962. Article referred:http://www.livelaw.in/property-inherited-female-hindu-parents-shall-devolve-upon-heirs-father-not-husband-dies-childless-bombay-hc-read-judgment/
Post a Comment
Read more

'Seize assets to pay damages to accident victim'

Her story might be an inspiration for the physically challenged but justice has remained elusive for her. In 2008, a bus accident left research engineer S Thenmozhi, 30, paraplegic. In April 2013, the motor accident claims tribunal directed the Tamil Nadu State Transport Corporation (TNSTC) to provide her a compensation of 57.9 lakh. However, TNSTC refused to budge and on Tuesday a city court ordered attaching of movable assets of the transport corporation. Thenmozhi was employed in C-DOT, a telecom technology development centre in Bangalore. On July 21, 2008, she was coming to Chennai in a private bus. Around 2am, the bus had a flat tyre and the driver parked it on the left side of the road near Pallikonda in Vellore district on the Bangalore-Chennai highway. While the tyre was being changed, a TNSTC bus of Dharmapuri division hit the stationary bus. The rear part of the bus was smashed and passengers were injured. Thenmozhi who had a seat at the back of the bus suffered...
Post a Comment
Read more

Mumbai ITAT rules income of offshore discretionary trust is subject to tax in India

The Mumbai Income Tax Appellate Tribunal (ITAT) has recently determined the following issue in the affirmative in the case of Manoj Dhupelia: Should the income of an offshore discretionary trust be subject to tax in India, if no distributions have been made to beneficiaries in India? The question arose from appeals filed by individual beneficiaries in relation to a Lichtenstein-based trust, the Ambrunova Trust and Merlyn Management SA (the Trust) with the ITAT. It is important to note that the individuals in this case were amongst those first identified by the Government of India (GOI) as holding undeclared bank accounts in Lichtenstein. The ITAT ruling raises the following issues: Taxation of Trust Corpus: ITAT classified the corpus of the trust as "undisclosed income" and declared it taxable in the hands of the beneficiaries. Taxation of Undistributed Income: ITAT refused to draw a distinction between the corpus and undistributed income from the trust and declared i...
Post a Comment
Read more