Arms Act 1959 - The Legal Chamber

Supreme Court Rules: Delayed Investigations Violate Fundamental Rights

9Feb

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Rules: Delayed Investigations Violate Fundamental Rights

In this appeal, the Supreme Court allowed the petition and quashed the criminal proceedings against the appellant. The Court held that the prosecution sanction under Section 197 CrPC was a non-speaking order devoid of application of mind and was therefore invalid. Furthermore, the inordinate delay of over 11 years in completing the investigation violated the appellant's fundamental right to a speedy trial under Article 21 of the Constitution. Facts Of The Case: The case originates from the alleged irregular issuance of arms licenses in 2004-2005 when the appellant, an IAS officer, served as the District Magistrate-cum-Licensing Authority in Saharsa, Bihar. An FIR was registered in 2005 alleging that licenses were granted to unfit, non-resident, and even fictitious persons without p...

Supreme Court Upholds Tribunal’s Power to Modify Military Conviction

The Supreme Court affirmed the Armed Forces Tribunal’s power under Section 15(6) of the AFT Act, 2007, to substitute a conviction. It held that where evidence establishes an act prejudicial to military discipline under Section 63 of the Army Act, 1950, the Tribunal can legally replace a more severe charge with this lesser offence and modify the sentence accordingly. Facts Of The Case: The appellant, Colonel S.K. Jain, was the Commandant of the Northern Command Vehicle Depot in Udhampur. In September 2008, a contractor alleged that the appellant demanded a bribe for passing motorcycles during inspection. A trap was laid, and during a search of his office on September 27, 2008, a Board of Officers recovered an envelope containing ₹10,000 and, significantly, a quantity of old ammunition (7....

Gun, Gold Chain & Lies: Supreme Court Explains Why Conviction in 2006 Murder Stands

The Supreme Court upheld the appellant's conviction for murder (Section 302 IPC) and misappropriation of a gold chain (Section 404 IPC), and under the Arms Act, 1959 (Sections 25 and 27). The conviction relied on circumstantial evidence, including the "last seen" theory and forensic evidence linking the recovered weapon to the deceased's gunshot injury. Facts Of The Case: The case originated from an appeal against a High Court judgment upholding the appellant's conviction for murder and other offenses. The conviction was based on circumstantial evidence, including the "last seen" theory, which placed the appellant with the deceased before the crime. Key evidence included the recovery of articles, such as the weapon used in the crime, and forensic findings that linked the appellant to the...