Mother Cannot Mask Paternity to Satisfy Ego: Bombay High Court Rejects Petition to List Woman as ‘Single Parent’ in Child’s Birth Certificate Transferee Pendente Lite Is Bound by the Decree—Cannot Obstruct Execution Proceedings: Allahabad High Court Pulls Up Revisional Court for Overreach Higher Placement in Seniority List Cannot Be Ignored: Supreme Court Upholds Direction to Consider Contractual Worker for Appointment on Par with Others Regularised CBI Investigation is Not to Be Ordered Routinely on Vague Allegations: Supreme Court Sets Aside High Court’s Order Directing CBI Probe in Extortion Case When Aggressors Trespass Armed into a Dwelling and Cause Fatal Injuries, Exception to Murder Does Not Arise: Supreme Court Affirms Conviction under Section 302 IPC Delayed Payment for 50 Years Warrants Reasonable Interest, But Excessive Rates Cannot Be Granted": Supreme Court Total Non-Compliance of Section 42 and 50 is Impermissible: Himachal Pradesh High Court Affirms Acquittal in 100 Grams Charas Case Can't Rule Out ASI's Role In False Rape Case Conspiracy: Punjab & Haryana High Court Refuses To Expunge Remarks Wikipedia Can't Claim Neutrality While Hosting Defamatory Edits: Delhi High Court Orders Takedown in ANI's Defamation Suit No Evidence of Termination—Industrial Tribunal’s Award Granting Full Back Wages Without Trial Set Aside: Calcutta High Court Delay of 1132 Days Can't Be Excused by Casual Excuses: Bombay High Court Dismisses Builder’s Plea, Upholds NCDRC Order in Consumer Dispute

"NDPS" Digest

Criminal Law – NDPS Act – Compliance with Section 42 – Mandatory Procedural Requirement – Non-Compliance Vitiates Trial – Although the prosecution claimed a chance recovery of contraband, the circumstances and memos on record indicated prior information—Held: Since there was no compliance with Section 42 i.e., no record of information or intimation to superior o...

Bail under NDPS Act – Recovery Marginally Exceeding Commercial Quantity – Bail Granted – The petitioner was found with 55 kg poppy husk and 500 grams opium – The Court observed that the recovery was marginally over the commercial quantity limit – Petitioner was in custody for 1 year and 5 days – Only 2 out of 20 prosecution witnesses examined – Trial likel...

NDPS Act – Bail in Commercial Quantity – Section 37 NDPS Act – Bail Granted – Petitioner in custody for 1 year 6 months with no criminal antecedents – Although rigors of Section 37 apply, Supreme Court precedents permit relaxation when custody is unduly prolonged – Held: Bail granted subject to conditions [Paras 8-16]. Prolonged Pre-trial Detention – Ar...

NDPS Bail – Prima Facie Evidence – Bail Rejected – The petitioner challenged her custody on the ground that her statement under Section 67 NDPS Act is inadmissible and the seizure was procedurally defective – The Court held that independent of the Section 67 statement, there were sufficient prima facie materials including parcel bearing petitioner’s name and number, d...

Regular Bail - NDPS Act  - Compliance with Section 50 – Procedural Violation Alleged – Petitioner alleged that search of vehicle and subsequent dissent memo were recorded in violation of Section 50, NDPS Act and Apex Court guidelines – Search was conducted before informing accused of his rights – Held: Prima facie violation noted but court refrains from making conclusi...

Bail - NDPS Act – Commercial Quantity Heroin – Bail Rejected – 290g Heroin Recovery – Petitioner was apprehended with two co-accused after being allegedly caught red-handed with 290 grams of heroin in a Bolero vehicle – Held: Quantity recovered falls within commercial threshold – Rigours of Section 37 NDPS Act attracted – Bail denied [Paras 1–4, 6&nd...

NDPS Act – Compliance with Section 50 – Search Procedure Properly Followed – Bail Denied - The petitioner alleged non-compliance of Section 50 NDPS Act, claiming he was not informed about his right to be searched before the nearest Gazetted Officer or Magistrate – Court held that the petitioner was informed in English of his right under Section 50 and refused to avail it in...

NDPS Act – Bail Application – Prolonged Incarceration – Commercial Quantity – Application under Section 439 Cr.P.C. – Accused in custody since 31.10.2023 for offences under Sections 20(b)(ii)A, 22(c), and 25 of NDPS Act – Trial pending before Additional Sessions Judge-V, Thiruvananthapuram – Petitioner seeks bail citing prolonged incarceration and delay in...

Criminal Law – NDPS Act – Bail in Commercial Quantity Cases – Stringent Conditions Imposed – Petitioner was arrested for transporting 731.075 kg of Ganja—Trial court denied bail, citing the presumption under Section 37 of the NDPS Act – Petitioner argued prolonged judicial custody and procedural delays – High Court held: While Section 37 restricts bail in ...

Bail - NDPS – Charge Sheet Without FSL Report – Bail Granted - The petitioner was arrested for possession of 300 grams of MDMA and remained in custody for nearly a year – The prosecution filed a charge sheet without an accompanying Forensic Science Laboratory (FSL) report – The Court held that in cases under the NDPS Act, a chemical analysis report is an integral part of th...