Senior Officers Must Be Held Criminally Accountable For Subordinates' Failures: Allahabad HC Recommends 'Superior Responsibility' Doctrine To DoPT Independent Evidence Justifies Compensation Enhancement Even If Relied-Upon Precedents Are Set Aside: Karnataka High Court Right To Travel Abroad Not Absolute; Must Be Balanced With Right To Speedy Trial & Societal Interest: Supreme Court Constitutional Courts Cannot Remain Mute Spectators To Inordinate Delays In Investigation: Supreme Court EPF Accumulations Are Protected Retiral Benefits, Cannot Be Defeated By Financial Incapacity Of State Corporations: Supreme Court Allahabad HC Converts Murder Conviction To Culpable Homicide For Man Who Threw Children Into Well, Says Act Was Done Without Premeditated Intent Defendant Who Denied Plaintiff's Title In Written Statement Can't Seek Substitution As Plaintiff's Assignee Upon Their Death: Gauhati High Court Section 307 IPC Conviction Requires Concurrence Of Mens Rea And Actus Reus; Not Sustainable Without Intention To Kill: Delhi High Court Writ Jurisdiction Not A Forum To Rewrite Contracts; High Court Does Not Sit As Site Engineer: Andhra Pradesh HC Adding Additional Charges In Retrial For Subsequent Offences Does Not Amount To Double Jeopardy: Calcutta High Court 80% Consent Requirement For Integrated Township Projects To Be Calculated For Entire Project, Not Village-Wise: Allahabad High Court Police Not Competent To Dispossess Or Evict Persons From Property: AP High Court

"NDPS" Digest

Criminal Bail Application – Narcotics Offences – Applicant charged under Sections 8(c), 20, 22 & 29 of the NDPS Act – Retraction of statement made under Section 67 NDPS Act – No recoveries from the Applicant – Lack of independent evidence linking the Applicant to the alleged offences – Constitutional guarantees and admissibility of confessional statements &n...

Bail Application – Petitioner seeks regular bail – FIR registered under Sections 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 – Custody Certificate produced – Petitioner's counsel argues that an unauthorized officer conducted the search before an authorized officer arrived – Petitioner's prolonged incarceration and lack of criminal antecedents co...

Bail Application – Second application for regular bail – Petitioner accused of committing an offence under Section 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Allegation of transporting contraband – Arrested with a significant quantity of Ganja – Search conducted between sunset and sunrise – Compliance of 2nd proviso to Section 42 of...

Bail Application – Regular Bail under Section 439 Cr.PC – Petitioner charged under Section 22/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Recovery of contraband – Allegation of non-compliance with Sections 42 and 50 of the NDPS Act – Petitioner's claim of false implication – First-time offender – Lengthy custody period – R...

Petition for Summoning Records at Time of Charge - Challenging the dismissal of application for summoning records and directing authorities to report on drug issuance - Petitioner alleged wrongful implication in recovery of drugs under NDPS Act, asserting that drugs were delivered to others and not recovered from his premises. [Para 1, 4, 6]   Sting Operation & Allegations - Sting o...

Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3]   Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...

Conviction Under NDPS Act: Petitioner convicted and sentenced under Sections 8/15(c) of NDPS Act; challenges conviction citing procedural irregularities and incorrect legal interpretation by the trial court - [Para 1]. Contention on Seizing Officer's Authority: Petitioner argues non-compliance with Section 42 of NDPS Act; seizing officer not authorized as S.H.O., thus rendering the search a...

Criminal Law – Conviction under NDPS Act – Appeal against trial court's judgment convicting appellant for possession of 7 kg of 'charas' later identified as 'opium' – Alleged procedural lapses in compliance with mandatory provisions of Sections 50 and 52A NDPS Act – Safe custody of seized contraband not established – Discrepancies in forensic exami...

Grant of Bail – NDPS Act – Application under Section 439 CrPC for grant of regular bail in connection with FIR registered under Sections 8(c), 22(c), and 29 of NDPS Act – Held, bail granted based on the absence of clear evidence linking petitioner directly with the contraband and inconsistencies in the prosecution's case. [Paras 1, 27-28]   Role of Accused in Narco...

Bail Application – Second Attempt – Rejection of First Application and RenewalThe petitioner, Ashok @ Mulla Ram, filed a second bail application under Section 439 Cr.P.C., after his first application was rejected. The renewal was made possible after the recording of statements from the Investigating Officer and other witnesses. [Para 1-2] Search and Seizure – Compliance with N...