Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Prior sanction under s.197 CrPC was held inapplicable at the cognizance stage for alleged money-laundering where the impugned acts-unauthorised sanctioning of development funds and accumulation of illicit wealth-were prima facie personal illegal acts lacking reasonable nexus with official duty, since siphoning public funds cannot form part of lawful official functions. The court further held that even where sanction is required, the issue may be raised before the trial court at any stage and sanction can be obtained any time before judgment; therefore, absence of sanction at cognizance does not, by itself, invalidate the cognizance order. The writ petition challenging cognizance was dismissed - HC
Prior sanction under s.197 CrPC was held inapplicable at the cognizance stage for alleged money-laundering where the impugned acts-unauthorised sanctioning of development funds and accumulation of illicit wealth-were prima facie personal illegal acts lacking reasonable nexus with official duty, since siphoning public funds cannot form part of lawful official functions. The court further held that even where sanction is required, the issue may be raised before the trial court at any stage and sanction can be obtained any time before judgment; therefore, absence of sanction at cognizance does not, by itself, invalidate the cognizance order. The writ petition challenging cognizance was dismissed - HC
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