Possession and Part Performance: Stamp Duty Compliance Is Non-Negotiable, Says Delhi High Court Calcutta High Court Declares Disciplinary Action as ‘Shockingly Disproportionate’, Orders Reduction in Rank for Petitioner No Profits, No Deduction — Section 33AC Must Precede 80-I Calculation in Shipping Tax Disputes: Bombay High Court Equity and Merit Must Coexist: Kerala High Court Rules on Regularisation of Temporary Forest Department Employees Lawyers Have No Right to Strike: Madras High Court in Contempt Case Encroachment is like committing a 'dacoity' against public resources: Delhi High Court. High Court Rejects Plea of Kindergarten School Against ESI Contribution Assessment Kerala High Court Quashes Rape Proceedings Citing 'Humanitarian Consideration' After Accused Marries Victim Procedural Delays Do Not Justify Condonation of Delay," Rules Delhi Consumer Commission in National Insurance Case Elements of Section 300 IPC Are Not Made Out: Rajasthan High Court Quashes Murder Conviction in 1987 Beating Case Registrar Cannot Be a Judge of His Own Cause: Punjab and Haryana High Court Quashes Amendments MP High Court Upholds Prosecution for Forged Patta: 'Accountability in Public Office is Non-Negotiable Approval Must Be Granted for Altruistic Kidney Donations," Rules Madras High Court Grave Illegality in Appellate Remand: High Court of Rajasthan Orders Reassessment on Merits Commissioner Lacked Authority for Retrospective Cancellation: Punjab & Haryana High Court Restores Educational Trusts' Registrations Intent is Crucial in Violent Crimes: Single Blow with Axe Does Not Imply Attempt to Murder," Rules Madhya Pradesh High Court

"NDPS" Digest

Narcotics Law – Bail Application for Commercial Quantity of Cannabis – Extended Detention Under Section 36A(4) NDPS Act – Petition for regular bail under Sections 480 and 483 of BNSS due to procedural lapses in handling detention beyond 180 days and irregular sample verification – Petitioner alleged that procedural violations, including failure to involve a Magistrate in sa...

Narcotic Drugs – Illegally Transporting Ganja – Mandatory Compliance under NDPS Act – Conviction Reversed: Appellants were convicted for illegal transportation of 30 kg of ganja. Trial Court’s conviction based on non-compliance with Section 52A of the NDPS Act. Karnataka High Court held that the seizure, inventory, and sampling of the contraband did not follow the mandatory...

Bail in NDPS Cases – Medical Grounds – Section 37 of NDPS Act – Bail Granted with Conditions - The petitioner sought bail under Section 483 of BNSS, citing critical health conditions requiring care outside the prison setting, while the prosecution opposed the application due to the commercial quantity involved and alleged serious misconduct involving misuse of position by police ...

Speedy Trial – Right under Article 21 of the Constitution – Inordinate delays in FSL report preparation impacting criminal trials, especially under the NDPS Act – Court constituted Committees for systemic reform – Recognizing the constitutional right to a speedy trial, this Court took suo moto cognizance of delays in the preparation and filing of Forensic Science Laboratory...

NDPS Act – Compliance with Section 52A(2) – Bail Application – Appellant convicted for possession of 610 gms of smack under Section 8(C) read with 21(c) of the NDPS Act. Bail application based on alleged non-compliance with mandatory procedures under Section 52A(2) of the Act, which requires the presence of a Magistrate during the sampling and certification of seized contraband &...

Bail – Commercial Quantity of Ganja – Rebuttal of Statutory Presumption under Section 37 of the NDPS Act – Bail Granted - The petitioner was found in possession of 200 kg of ganja, classified as a commercial quantity under the NDPS Act, raising a statutory presumption against bail under Section 37 – The petitioner argued procedural violations, particularly improper sampling...

NDPS – Bail - Right to Speedy Trial – Bail Denial Despite Delayed Trial – Petitioners argued for bail due to delayed trials affecting their constitutional rights under Article 21 – Held: Despite the delay, the trial court demonstrated due despatch in recording witness depositions. The court rejected the bail application, upholding the balance between individual rights and n...

NDPS - Statutory Bail – Incomplete Charge Sheet – FSL Report Requirement – Entitlement to Bail – The petitioner, charged under Sections 21C/25/27A/29 of the NDPS Act, applied for statutory bail on the 183rd day, arguing that the charge sheet filed on the 177th day was incomplete due to the absence of the FSL report – Held: A charge sheet filed within 180 days without ...

Bail under NDPS Act – Commercial Quantity – Stringent Conditions of Section 37 – Bail Denied – The applicant, arrested at IGI Airport with 107 capsules containing heroin weighing 1,061 grams, sought bail contending improper sampling and delay in filing Section 52A application – Held: The seized contraband was well over the threshold of "commercial quantity" ...

Narcotic Drugs – Acquittal Reversed – Appeal against acquittal in a case under Section 20 of the NDPS Act – Accused charged with possession of 840 grams of charas – Trial Court acquitted the accused, citing non-compliance with Section 50 of the NDPS Act – On appeal, the High Court held that Section 50 applies only to personal searches, not to bags carried by the accus...