Wife Is Absolute Owner Of Streedhan, Taking It Away Does Not Attract Criminal Breach Of Trust Under Section 406 IPC: Allahabad High Court Government Need Not Adjudicate If Employee Is 'Workman' Before Referring Dispute To Labour Court: Gujarat High Court Bidder Cannot Be Disqualified For Submitting Certificate From Unspecified Agency If Tender Document Is Silent: Delhi High Court Driver Clicking Selfies With Licensed Firearm Doesn't Make Owner Liable Under Arms Act: Punjab & Haryana High Court Quashes FIR High Court Imposes Blanket Ban On Tree Felling In Haryana, Cites Impending Ecological Catastrophe Due To Dismal Forest Cover No Fresh Summons Needed For Legal Heirs If Suit Was Already Proceeding Ex-Parte Against Deceased Defendant: Allahabad High Court Serving Judicial Officer's Anticipatory Bail Denied in Theft From Deceased Judge's Home: "No Person, Whatever His Rank, Is Above Law" Missing Murder Weapon Not Fatal When Eyewitnesses Are Reliable - Brother Stabs Brother: Tripura High Court Advocate and Cop Conspired to Frame Innocent Witness in Fake Gang Rape Case: Delhi High Court Upholds Conviction, Calls It "Clear Abuse of Process of Law" Direction To 'Act In Accordance With Law' Does Not Determine Substantive Rights, Non-Impleadment Not A Ground For Review: Chhattisgarh High Court State Cannot Grab Citizen's Land For Road Construction Pleading Delay And Laches: Himachal Pradesh High Court "Bail Is Rule, Jail Is Exception" Principle Does Not Apply Post-Conviction: Jharkhand High Court Failure To Furnish Written Grounds Of Arrest Renders Arrest Illegal, Entitles Accused To Bail In NDPS Case: Supreme Court Medical Certificate On Reverse Side Of Dying Declaration Does Not Affect Its Sanctity: Supreme Court Supreme Court Directs All State Capitals To Conduct Inquiry Into Misuse Of Residential Areas For Commercial Purposes Tolls Collected By NHAI On National Highways Fall Exclusively Under Union List: Supreme Court Family Courts Lack Jurisdiction To Transfer Cases Inter-Se Under Section 24 CPC: Rajasthan High Court Section 138 NI Act | Cheque Bounce Complaint Cannot Be Dismissed At Threshold Merely For Non-Production Of Postal Track Report: Madhya Pradesh High Court Departmental Dismissal Based On Identical Evidence Discarded By Criminal Court Amounts To 'No Evidence': Orissa High Court Kerala Lok Ayukta Amendment Upheld: High Court Rules Lok Ayukta Is Not A Court, Its Declaration Can Be Changed To Recommendation Chief Minister's Press Conference Assurance Not Legally Enforceable Without Formal Executive Order: Delhi High Court Irretrievable Breakdown Of Marriage Amounts To Cruelty, Court Cannot Grant Permanent Alimony Suo Motu: Calcutta High Court Minor Contradictions In Wife's Evidence Are Usual In Cruelty Cases, Do Not Vitiate Prosecution Under Section 498A: Kerala High Court

"NDPS" Digest

Regular Bail – Criminal Conspiracy – Sections 399 and 402 IPC, NDPS Act – Bail Granted – The petitioners were arrested on allegations of being part of a gang involved in criminal activities – The prosecution alleged that a co-accused fired at a police officer, but no injury was sustained – No contraband was recovered from the petitioners – The petitioners ...

Bail in NDPS Cases – Section 37 NDPS Act – Prolonged Pre-Trial Custody – Bail Granted - The petitioner was accused of supplying narcotic drugs based on the disclosure statement of co-accused and call detail records – The prosecution failed to produce independent corroborative evidence such as recovery from the petitioner – The Supreme Court has granted bail in similar...

NDPS Act – Bail in Commercial Quantity Cases – Prolonged Incarceration as a Ground – The petitioner was charged under Sections 8(c) r/w 22(c) and 29 of the NDPS Act for allegedly facilitating drug trafficking by arranging accommodation and making financial transactions – Two previous bail applications were rejected due to prima facie involvement and statutory embargo under ...

Quashing of Criminal Proceedings – Section 482 CrPC – Summoning Order Lacks Reasons – The appellants were charged with manufacturing and distributing a drug declared as ‘Not of Standard Quality’ – The trial court issued summons without assigning reasons – The Supreme Court reiterated that a summoning order must reflect application of judicial mind and must...

Bail under NDPS Act – Commercial Quantity – Conscious Possession – Applicant sought bail in a case involving seizure of 1880 grams of MDMA, well above the commercial quantity threshold of 10 grams – Prosecution established that the applicant inquired about the parcels containing contraband, attempted to collect them while concealing his identity, and fled upon sensing law e...

NDPS - Interim Custody of Seized Vehicle – Confiscation Not Automatic – Section 457 Cr.P.C. – Order Denying Custody Set Aside – The trial court erred in rejecting interim custody of the seized vehicle merely on the ground that it may be confiscated if the offence is proved – Confiscation is subject to trial and can only be ordered upon proof of guilt beyond reasonable...

Criminal Law – NDPS Act – Seizure of Contraband – Acquittal – Appeal by Prosecution – Respondents allegedly found in possession of 10,000 capsules of spasmo proxyvon containing Tramadol, a psychotropic substance – Trial court acquitted the respondents due to procedural lapses – High Court upheld the acquittal, holding that the prosecution failed to comply ...

NDPS Act – Recovery of Charas – Appeal by the State challenging the acquittal – Conviction  - Compliance with Section 42 of NDPS Act – Case of Chance Recovery – Not Attracted – It was argued that non-compliance with Section 42 of the NDPS Act rendered the prosecution's case invalid as the investigating officer suspected contraband before conducting the ...

False Information to Authorities – Section 58(2) of the NDPS Act – Disproportionality in Sentencing – Petitioner accused of providing false information to authorities, leading to the arrest of an innocent woman (Sheela Sunny) under Section 22(c) of the NDPS Act – Held: False implication in NDPS cases can have devastating consequences; penalties for such false accusations mu...

Narcotic Drugs and Psychotropic Substances Act, 1985 – Conviction and Sentencing – Section 21(c) NDPS Act – Possession of Commercial Quantity – Appellants convicted under Section 21(c) NDPS Act for possession of narcotic cough syrups containing Codeine Phosphate – Trial Court sentenced appellants to 12 years rigorous imprisonment and fine of Rs.1,10,000/- each, with a...