Conviction For Sexual Assault Can Be Based Solely On Reliable Testimony Of Victim Without Corroboration: Allahabad High Court Marriage Dead For All Practical Purposes Can Be Nullified Under Article 142: Supreme Court Grants Divorce Citing Irretrievable Breakdown Senior Officers Accountable For Subordinates' Negligence; State Must Adopt Doctrine Of 'Superior Responsibility' To Combat Corruption: Allahabad High Court Constitutional Principles Of Article 21 Must Override Statutory Embargo Of Section 37 NDPS Act In Prolonged Incarceration: Punjab & Haryana High Court Recording Leasehold Land As 'Pattadar' Instead Of 'Sthitiban' Turns Back The Clock; Violates Right To Property: Orissa High Court Naib Tahsildar Performing Quasi-Judicial Functions Is A 'Judge' Under 1985 Act, Entitled To Protection Against Pension Cuts For Errors Of Judgment: MP High Court Demand Notice Under Section 138 NI Act Must Specifically State Cheque Amount; Failure To Do So Vitiates Prosecution: Kerala High Court Revisional Jurisdiction Under Land Revenue Act Must Be Exercised Within Reasonable Time, Cannot Reopen 20-Year-Old Mutation: J&K&L High Court Specific Performance: Plaintiff Must Prove Financial Capacity; Low Income & Dishonoured Cheques Negate Readiness and Willingness: Karnataka High Court Delay In Pronouncing Reserved Judgments Violates Article 21; Must Be Delivered Within 3 Months: Supreme Court Issues Binding Guidelines For High Courts Professional Independence Does Not Grant License To Abandon Matrimonial Obligations: Supreme Court Dissolves 18-Year Marriage Between Doctors Persistent Denial Of Sexual Intimacy Constitute Mental Cruelty; Supreme Court Dissolves 'Dead' Marriage Invoking Article 142 NDPS Act | High Court Cannot Ignore Mandatory Twin Conditions Under Section 37 While Granting Bail For Commercial Quantity: Supreme Court Contractual Royalty Rates Must Yield To Statutory Amendments; Royalty Payable At Rate Prevailing During Dispatch: Supreme Court Power To Punish For Contempt Must Be Exercised With Restraint But Should Act As Deterrent Against Levity: Supreme Court Public Functionaries Cannot Treat Supreme Court Orders As Matters To Be Addressed At Their Leisure: SC Warns Rajasthan Authorities High Court Can't Reassess Facts Or Substitute Its Interpretation Of Pleadings In Revisional Jurisdiction: Supreme Court Order 12 Rule 6 CPC | Decree On Admission Requires Categorical & Unequivocal Admission; Pleadings Cannot Be Read In Piecemeal: Supreme Court

"NDPS" Digest

Criminal Law - Personal Liberty — Illegal Arrest — De Facto Custody — 24-Hour Mandate — Section 58 BNSS / Article 22(2) — Petition Allowed — Petitioner, a partner of pharmaceutical firm M/s Digital Vision, was allegedly involved in illegal inter-state diversion of psychotropic medicines — NCB conducted search of petitioner's premises on 31.10.2025 at a...

NDPS – Acquittal – Appeal Against Acquittal – Prosecution Appeal Dismissed – DRI officers, acting on intelligence inputs, seized 1329 kg and 750 grams of hashish from a godown in Kadodara, Surat on 18.06.1994 – Charge-sheet filed under Sections 20(b)(ii), 22, 23, 29 and allied provisions of the NDPS Act – Special Court acquitted all accused on 07.09.1999 finding...

NDPS – Bail – Ganja – Definition – Section 2(iii)(b) – Commercial Quantity – Section 37 Rigours Rendered Doubtful – Applicants arrested on 09.12.2024 carrying 21.95 kg of alleged ganja; Seizure Memo recorded the bag contained dried leaves and small branches; FSL report described the exhibit as dried greenish brown flowering and fruiting tops vegetative mat...

NDPS Act – Sections 20, 25 and 29 – Separate Punishment – Legislation by Reference and Incorporation – Appellant convicted along with co-accused for possession and transportation of 4 kg 100 gms of commercial quantity of charas found in a vehicle — Special Judge sentenced both convicts to 12 years rigorous imprisonment under Sections 20(b)(ii)(C) and 25 read with 29 o...

Drugs and Cosmetics Act, 1940 — Section 18(a)(i) and (vi) read with Section 16(1)(a) punishable under Section 27(d) — Section 34 — Vicarious Liability of Managing Director — Quashing — Complaint Allowed — Drug "Oflox OZ Suspension 30 ML" (Ofloxacin & Metronidazole Suspension, Batch No. CLOF14014) manufactured by M/s Crest Lifesciences Pvt. Ltd. and...

NDPS – Conviction under Section 21(c) – Recovery of Codeine-Containing Cough Syrup – Commercial Quantity – Four accused intercepted at a public place on the basis of secret information — 175 bottles of Codeine-containing cough syrup recovered from bags, plastic sacks and a ladies purse in their possession — FSL report confirmed presence of Codeine Phosphate and ...

Criminal Law - Sections 17, 18, 61 and 85 NDPS Act – Acquittal – Tampering with Case Property – Chain of Custody – Accused were intercepted on a scooter on 26.12.2001 and 950 grams of opium recovered from a bag carried by Matu Ram – Case property sealed by ASI/Investigating Officer with seal RKM and thereafter re-sealed by the officiating SHO (PW1-Surat Singh) with se...

NDPS Act – Bail – Sections 21 and 25 – Quantity Below Commercial Threshold – Section 37 Not Applicable – Applicant arrested on 28.03.2025 for alleged recovery of 6.08 grams of heroin from speedometer of his motorcycle – Challan filed – 11 out of 19 witnesses examined – Trial not likely to conclude in near future – Multiple prior NDPS cases regi...

NDPS Act – Cultivation of Cannabis – Proof of Possession and Control – Appellant convicted for cultivating cannabis plants on agricultural land jointly owned by multiple persons – No evidence to establish that appellant alone was in possession or actively cultivating the land – Failure of prosecution to prove foundational facts beyond reasonable doubt – Convicti...

NDPS Act – Section 50 – Personal Search – Third Option – Non-Compliance – Accused apprehended carrying bag containing 11 kg 50 grams of charas – Trial Court convicted and sentenced accused to 10 years rigorous imprisonment with fine of Rs. 1,00,000 – High Court acquitted accused holding that Investigating Officer offered accused a third option of being sea...