Mere Pendency of Appeal Does Not Bar Eviction Suit – Res Judicata Not Attracted Where Issues Are Not Identical: Andhra Pradesh High Court Right to Speedy Trial is a Fundamental Right under Article 21: Punjab & Haryana High Court Grants Bail Despite Recovery of Commercial Quantity Encroachments on River Puramboke Cannot Be Legalised or Protected Under the Guise of Long President was deemed to know that the property vested with the Municipal Council, yet failed to protect it: Karnataka High Court Upholds Disqualification of Municipal President for Misconduct Once the Term of Committee Ends, Right to Vote Ceases — Even if Name Remains in Voter List: Gujarat High Court Treating Equals Unequally Violates Article 14: Bombay High Court Strikes Down IOCL's Tiebreaker rule Preferring Younger Candidate in Tender Selection Mere Harassment Over Loan Recovery Not Abetment to Suicide: Punjab & Haryana High Court Upholds Acquittal in Vineet Kundu Case Taxpayer Cannot Be Penalized For Department's Mistake In Deposit Of GST — Allahabad High Court Directs NOIDA To Compensate The Taxpayer For Wrongful Imposition Of Tax And Penalty “When Large-Scale Fraud Vitiates Selection, En Masse Cancellation Is Inevitable: Supreme Court Validates Quashing of WBSSC 2016 Recruitment Reopening Based on Wrong Mutual Fund is No Reopening at All — Gujarat High Court Quashes Income Tax Notice for Lack of Nexus Between Allegation and Actual Transaction Exceeding Official Duty Does Not Automatically Remove Section 197 CrPC Protection: Supreme Court Quashed Proceedings Against Police Officials Possession Of A Higher Qualification Cannot Substitute The Qualification Prescribed Under  Rules: Supreme Court Upholds Rejection Of Candidate Without Required Lascar’s Licence Dismissal for Default Without Considering COVID Restrictions Was Illegal: Supreme Court Section 256 CrPC Does Not Mandate Automatic Acquittal On Complainant’s Absence — Judicial Satisfaction Is Mandatory: Supreme Court Judicial Test Likely as Waqf (Amendment) Bill Opens New Front on Constitutional Grounds Defence Under Places of Worship Act Opens Door for ASI's Impleadment: Supreme Court in Krishna Janmabhoomi Dispute

"NDPS" Digest

Criminal Law – NDPS Act – Acquittal - Section 52A compliance – Whether the procedure for sampling under Section 52A was followed. Held, the samples were drawn on the spot without the presence of a Magistrate, which contravenes the NDPS Act. As per the Supreme Court's decisions in Mohanlal and Yusuf, samples must be drawn in the presence of a Magistrate, and the inventory must...

Narcotic Drugs and Psychotropic Substances Act – Acquittal - Search and Seizure – Non-Compliance with Section 42 - The investigating officer failed to obtain a search warrant or authorization from the jurisdictional Magistrate, a requirement under Section 42 of the NDPS Act - The search was conducted without the proper authorization, vitiating the procedure - Held: Non-compliance with ...

Criminal Law – Statutory Bail – Sections 167(2) CrPC and 36A(4) of the NDPS Act – Whether the accused is entitled to statutory bail under Section 167(2) of the CrPC in light of the failure to complete the investigation within the prescribed time frame – Held, the petitioner is entitled to statutory bail, as the final report has not been filed within 90 days, and the contrab...

NDPS Act – Conviction and Sentence – Recovery of poppy husk – Appellants not apprehended at the scene – Identification issues – Procedural lapses – Independent witness not examined – Case property not produced – Appeals allowed, conviction and sentence set aside [Paras 1-16].   Adverse Inference – Case property destruction due to flo...

Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985 – Application for Extension of Investigation Time and Denial of Default Bail – High Court dismisses petitions challenging the extension of time for investigation under Section 36A of the NDPS Act and the denial of default bail under Section 167(2) of the Cr.P.C. – Accused involved in the conspiracy to transport Methamphe...

Bail – NDPS Act – Procedural Non-compliance – Petitioner charged under NDPS Act for possession of commercial quantity of contraband opium – Petitioner argued non-compliance with Sections 50 and 52A, raising questions about the legality of the search and the admissibility of evidence – Court found merit in the arguments, stating that procedural lapses, including failur...

Narcotics Law – Conviction based on recovery of 'Charas' – Non-support by independent witnesses – Evidence from official witnesses – Weight of Evidence – The appellants were convicted under Sections 20 and 29 of the NDPS Act based on the recovery of 1.5 kg of 'Charas'. Independent witnesses turned hostile, but the court held that non-support by indepen...

Criminal Law – Bail – NDPS Act – Petition for regular bail under Section 439 Cr.P.C. – Recovery of 295 grams of heroin not effected from the petitioner – Petitioner arrested based on the disclosure statement of co-accused – Recovery from petitioner is 35 grams, less than the commercial quantity of 250 grams – Co-accused already granted regular bail –...

Criminal Procedure – Default Bail – Prosecution's Failure to File Challan – Revision petition against denial of default bail under Section 167(2) Cr.P.C. and Section 36A(4) NDPS Act – Petitioner arrested with 1 kg 800 grams of charas – Investigation not completed within 180 days – Extension of 90 days granted but later set aside – Petitioner entitled t...

Criminal Law – NDPS Act – Bail – Conscious Possession – Recovery of narcotics from a polythene bag thrown on the ground by the petitioner when the police approached – Bail granted – Court found it debatable whether the petitioner was in conscious possession of the contraband – The petitioner was not involved in any other case, and all prosecution witnesses...