Habeas Corpus Petition Not Maintainable To Trace An Absconding Accused Evading Arrest: Allahabad High Court Section 33(2)(b) ID Act: Industrial Tribunal Cannot Reject Approval For Dismissing Corrupt Employee Over Minor Deficit In One Month's Wages, Holds Bombay High Court Reserved Category Candidate Cannot Claim Unreserved Vacancy Without Securing Higher Marks Than General Cut-Off: Calcutta High Court Condition Restricting Use Of CENVAT Credit For Duty Payment During Default Period Is Unconstitutional: Gujarat High Court Domestic Incident Report Cannot Supersede Substantive Complaint Under DV Act; Summons Can't Be Refused Solely Due To Omissions In DIR: Delhi High Court Defence Evidence Not Inherently Inferior To Prosecution Evidence, Accused Need Not Prove Alibi To The Hilt: Allahabad High Court Acquits 80-Year-Old In POCSO Case Writ Petition Not Maintainable To Restrain Trade Union Strike; Employer Can Approach Industrial Tribunal Under IR Code During Conciliation: Karnataka High Court Army Personnel Exposed To Radiation During Service Entitled To Disability Pension For Leukemia: Kerala High Court Failure To Give Opportunity To Accused To Explain Disproportionate Assets Is Fatal To Prosecution: Madras High Court Acquits Customs Officer Family Court Can Grant Maintenance To Major Unmarried Daughter Even If Application Filed Under Section 125 CrPC: Madhya Pradesh High Court Framing Charges Solely On Oral Testimony Despite Contradictory Medical Evidence Impermissible Without Recorded Reasons: Punjab & Haryana High Court Vehicle Seized For Alleged Cattle Cruelty Can't Be Left To Rot; Prima Facie Ownership Established Via Registration & Insurance Docs: Orissa High Court Labeling Perennial Work As 'Outsourced' To Deny Regularization Is Unconstitutional; State Can't Act Like Private Employer: Telangana High Court Section 138 NI Act | Accused Merely Required To Establish 'Probable Defence' To Shift Burden Of Proof Onto Complainant: Madras High Court Protests Or Being Branded A 'Traitor' Do Not Establish Threat To Life Ipso Facto: Punjab & Haryana High Court On Security Cover

"NDPS" Digest

Criminal Law - Regular Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 21-B, 21-C, 27-A, 29, 37, 61 and 85 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483 - Petitioner sought regular bail in FIR involving recovery of 351 grams of heroin and drug money - Petitioner was nominated as an accused solely on the disclosure statement of co-accused Jora Singh - No recovery of ...

Criminal Law - Bail - NDPS Act 1985 - Sections 27-A and 52(1) - Constitution of India - Article 22(1) - Petitioner nominated as accused based on disclosure statements of co-accused regarding financial transactions to finance illicit trafficking - No direct recovery of contraband from petitioner - Petitioner contended that grounds of arrest were not communicated in writing either to her or her rela...

Criminal Law - Narcotics - NDPS Act 1985 - Sections 15 50 and 52A - Appellant convicted for possession of 80 kilograms of poppy husk found in four bags - Trial Court convicted and sentenced appellant to 10 years rigorous imprisonment - Appellant challenged conviction citing non compliance of Section 50 regarding personal search and Section 52A regarding drawing of samples before Magistrate along w...

Writ Law - Preventive Detention - PIT NDPS Act 1988 - Section 3(1) - Challenge to detention order passed by the Principal Secretary to Government against the husband of the petitioner based on six grounds of illicit traffic in Narcotic Drugs - Petitioner contended that for Ground Number 6 the detenu was in judicial custody and the detaining authority failed to record satisfaction regarding the imm...

Criminal Law - NDPS Act 1985 - Sections 8 and 21 - Non-compliance of procedural safeguards - Appellant convicted for possession of 100 grams of smack recovered from his water bottle - Trial Court sentenced appellant to 14 years rigorous imprisonment which was affirmed by High Court - Appellant challenged conviction arguing non-compliance with Sections 50 and 52A of NDPS Act and hostile independent...

Criminal Law - Drugs and Cosmetics - Drugs and Cosmetics Act 1940 - Sections 18(a)(i) and 27 - Code of Criminal Procedure 1973 - Section 468 - Quashing of complaint - Petitioner-manufacturer sought quashing of complaint and summoning order for manufacturing drug Zextil 200 which failed the dissolution test - Sample drawn on 02.08.2014 and test report dated 25.11.2014 declared drug as Not of Standa...

Criminal Law - Narcotics - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 22(c) 29 37 42 and 43 - Search and seizure - Mandatory procedure - Private vehicle - Night search - Accused No 1 was intercepted in a Baleno car at 9:40 PM and found in possession of commercial quantities of narcotic drugs while Accused No 2 was arrested for conspiracy - Prosecution alleged the seizure took p...

Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 50 - Mandatory procedure for personal search - Applicant was accosted by police during patrolling and found in possession of 100 grams of Mephedrone - Prosecution claimed that a notice under Section 50 was served and the Applicant provided an oral waiver of his right to be searched before a Magistrate or Gazetted O...

Criminal Law - Drugs and Cosmetics - Drugs and Cosmetics Act 1940 - Sections 18(a)(i) 27(d) and 34 - Drugs and Cosmetics Rules 1945 - Rule 45 - Code of Criminal Procedure 1973 - Section 482 - Petitioners sought quashing of criminal complaints regarding drugs found Not of Standard Quality - Samples of Propin 40 and Injection Dexamethasone Sodium Phosphate drawn in June and July 2017 - Analyst repor...

Criminal Law - Narcotics - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 50 - Mandatory compliance during body search - Accused intercepted by police during patrol - Detecting officer conducted body search and noticed a bulge in the front pocket of the accused - Accused directed to remove the item which was found to be 52.45 grams of MDMA - Prosecution argued Section 50 compliance ...