Murder Trial – Circumstantial Evidence – Last-Seen Theory – Conviction Upheld – The appellant was convicted for murdering his wife, based on circumstantial evidence, including a history of domestic abuse, motive established by dowry demands, and the last-seen theory. The appellant was last seen with the deceased before her death, and no plausible explanation for her fatal injuries was offered – Held: The prosecution successfully established a consistent chain of circumstances pointing exclusively to the guilt of the appellant, excluding any reasonable hypothesis of innocence. Conviction under Section 302 IPC affirmed [Paras 22–34].

Motive – Marital Discord and Dowry Demands – Evidence Substantiated – Evidence revealed continuous harassment of the deceased by the appellant, driven by demands for dowry, financial strain, and his erratic behavior – Held: The prosecution established a motive through the deceased's father's and brother's testimonies, corroborated by neighbors and other witnesses, proving escalating harassment and dowry demands [Paras 23].

Last-Seen Theory – Burden Under Section 106 Indian Evidence Act – The appellant was the last person seen with the deceased before her death – His subsequent behavior of locking himself in another room and failing to come to his wife’s aid was inconsistent with innocence – Held: The appellant failed to explain the circumstances surrounding his wife’s fatal injuries, thus triggering the burden of proof under Section 106 of the Indian Evidence Act. Silence and evasive behavior pointed to guilt [Paras 24–26].

Relevance of Conduct – Section 8 Indian Evidence Act – The appellant’s conduct after the crime, including avoiding the scene, isolating himself, and failing to raise an alarm, was deemed inconsistent with the behavior of an innocent person – Held: Such conduct was relevant under Section 8 of the Indian Evidence Act and added to the chain of circumstantial evidence [Paras 27–29].

Medical Evidence – Homicidal Death Established – The post-mortem revealed multiple penetrating injuries on vital organs caused by a hard, blunt object, consistent with the weapon (crowbar) recovered at the appellant’s instance – Held: The medical evidence, corroborated by the forensic report, confirmed the homicidal nature of the death and matched the prosecution’s case [Paras 18–19, 30].

Appellant’s Admission Under Section 313 Cr.P.C. – Limited Evidentiary Value – The appellant admitted during his examination under Section 313 Cr.P.C. that he had killed his wife – Held: Though not direct evidence, the admission was relevant when considered alongside other circumstances, bolstering the prosecution’s case [Paras 31–33].

Decision: The conviction and sentence under Section 302 IPC passed by the Sessions Judge, Jajpur, are upheld. The appeal is dismissed for lack of merit.
 

Taxation Law - GST Compliance – Rectification of Errors in GSTR-1 – Beyond Statutory Period – Petition Dismissed - The petitioner sought permission to amend errors in GSTR-1 returns filed for the quarter ending June 2021, after the statutory time limit expired under Section 37(3) of the GST Act, 2017 – The Court held that rectifications must adhere to the prescribed timelines to ensure the integrity of cascading tax effects and procedural finality – Held: Rectification beyond the statutory period is impermissible, and the petitioner’s plea is dismissed [Paras 5–14].

Legal Framework – Section 37 and Section 39 – Restrictive Timelines for GST Return Corrections - Section 37(3) prohibits rectifications in GST returns beyond November 30 following the financial year in which the invoices pertain – The Court emphasized that adhering to these timelines is vital for maintaining tax administration efficiency and certainty – Held: The time limitation under Sections 37(3) and 16(4) applies strictly to all assessees, regardless of inadvertent errors [Paras 6–12].

Supreme Court Precedent – Bharti Airtel Limited Case – Applicability in GST Correction Context - Referring to Union of India v. Bharti Airtel Limited (2022) 4 SCC 328, the Court reiterated that belated rectifications in GST returns could disrupt the statutory mechanism and cause cascading issues for other stakeholders – Held: Legislative intent and systemic integrity outweigh individual hardships arising from compliance errors [Paras 13–15].

Decision: Writ petition dismissed – Rectification of GSTR-1 disallowed – No costs awarded [Paras 15–16].

NDPS - Transfer of Investigation – Allegations of Bias and Procedural Irregularities – Investigation Ordered – Petitioner alleged false implication in an NDPS case and failure of the local police to preserve CCTV footage despite court orders – Court directed transfer of investigation to a senior police officer from another district, emphasizing the importance of impartiality and adherence to procedural mandates [Paras 10-14].

Non-Preservation of CCTV Footage – Breach of Supreme Court Guidelines – Responsibility Fixed – CCTV footage from Sultanpur Lodhi police station, crucial to proving illegal detention, was not preserved despite a specific trial court order – Court held this as a violation of Paramvir Singh Saini v. Baljit Singh guidelines and directed departmental inquiry against the SHO and oversight committee [Paras 15-18].

Importance of CCTV Monitoring in Police Stations – Non-Compliance Addressed – Highlighting deficiencies in Punjab police’s compliance with Supreme Court directives on CCTV installation and footage retention, the Court ordered the DGP, Punjab, to file a comprehensive compliance affidavit addressing gaps in implementation [Paras 19-22].

Interim Bail – Granted Pending Investigation Transfer – Considering procedural lapses and false implication allegations, interim bail was granted to the petitioner with liberty to raise all defenses during trial [Paras 23-24].

Decision: The petition was allowed in part. The investigation of FIR No. 126 dated 20/06/2022 was transferred to a senior police officer from a neighboring district. Interim bail was granted to the petitioner and co-accused Mangat Ram. The court directed a departmental inquiry against officers responsible for non-preservation of CCTV footage and ordered the DGP, Punjab, to submit a compliance affidavit regarding CCTV surveillance implementation in police stations.

Criminal Law – Last Seen Theory – Applicability in Circumstantial Evidence – Conviction Upheld – The appellant Surya Kanta Behera @ Katiki was last seen accompanying the deceased on the evening of 12.12.2007 on a motorcycle. Hours later, the appellant returned alone with the deceased’s motorcycle, offering no explanation for the deceased's whereabouts. The proximity in time between when the two were last seen together and the discovery of the deceased's body in a burnt condition supports the "last seen" theory. Held: Conviction of Surya Kanta Behera under Section 302 IPC upheld, as failure to discharge the burden under Section 106 of the Evidence Act and circumstantial evidence proved guilt beyond a reasonable doubt [Paras 13, 14, 21].

Circumstantial Evidence – Murder and Destruction of Evidence – Chain of Circumstances Sufficient to Prove Guilt – The prosecution established a chain of circumstantial evidence, including last seen evidence, the recovery of the weapon of offence at the instance of the appellant, and the medical evidence indicating death by blunt force trauma. The body was found burnt with traces of kerosene. Held: Conviction under Sections 302 and 201/511 IPC upheld for Surya Kanta Behera [Paras 10, 12, 18, 21].

Criminal Conspiracy – Proof of Agreement and Meeting of Minds – Acquittal – The trial court convicted appellant Nibedita Panda under Section 120-B IPC for allegedly conspiring with co-accused to commit the murder. The appellate court found that the prosecution failed to establish a meeting of minds or physical manifestation of agreement between the accused. Suspicious conduct alone was insufficient to prove criminal conspiracy. Held: Conviction under Section 120-B IPC overturned [Paras 19, 20].

Standard of Proof – Suspicion vs. Proof Beyond Reasonable Doubt – Suspicious behavior of the appellant Syama Choudhury, including his presence in the deceased’s house post-murder, was insufficient to establish guilt. The prosecution failed to elevate the evidence from the realm of suspicion to proof beyond a reasonable doubt. Held: Acquittal of Syama Choudhury under Sections 302/34 and 201/511 IPC [Paras 7, 9, 20].

Doctrine of Last Seen – Section 106 Evidence Act – Applicability and Burden of Proof – The doctrine of "last seen" shifts the burden to the accused to explain the events leading to the deceased’s death. Failure to offer an explanation strengthens the presumption of guilt. Held: The unexplained absence of the deceased post-accompaniment with the accused, coupled with circumstantial evidence, confirmed guilt under Section 302 IPC for Surya Kanta Behera [Paras 14, 21].
Decision:
Appellant Nibedita Panda: Acquitted of the charge under Section 120-B IPC.
Appellant Surya Kanta Behera @ Katiki: Convictions under Sections 302 IPC and 201/511 IPC upheld. Sentence of life imprisonment confirmed.
Appellants to be released if not required in any other case. Surya Kanta Behera is directed to surrender before the trial court within two weeks to serve the sentence, failing which the court shall take necessary steps for his arrest [Para 22].
 

Service Law - Judicial Conduct – Grant of Bail – Alleged Misconduct – Punishment Quashed - The petitioner, a judicial officer, faced disciplinary proceedings for granting bail in a second petition without awaiting the outcome of a transfer petition pending in the High Court – Inquiry found no evidence of corrupt motive or extraneous considerations – Court observed: The petitioner’s judicial decision, though contested, was reasoned and fell within the bounds of judicial discretion – Held: Punishment of compulsory retirement set aside; disciplinary proceedings invalid due to lack of substantive evidence [Paras 20–32].

Departmental Inquiry – Procedural Fairness – Rule 16 Violated – Serious Prejudice - Petitioner alleged procedural irregularities, including delay in furnishing documents and a lack of opportunity to cross-examine witnesses – Court found significant procedural lapses in the inquiry process under Rule 16 of the Rajasthan Civil Services Rules, resulting in prejudice to the petitioner’s defense – Held: Inquiry and subsequent punishment unsustainable [Paras 35–40].

Judicial Independence – Protection Against Frivolous Allegations – Guiding Principles

Court emphasized that judicial officers must be protected from baseless allegations to ensure independent decision-making – Observed: Adverse judicial orders alone cannot form the basis of disciplinary action unless motivated by malice or impropriety – Highlighted the importance of robust evidence before initiating proceedings against judicial officers [Paras 45–50].

Decision: Writ petition allowed – Order of compulsory retirement quashed – Petitioner entitled to all consequential benefits – No order as to costs [Paras 51–55].

Taxation Law - Customs Law – Confiscation of Imported Goods – Re-export Permitted – Appeals Dismissed - The appellant challenged the CESTAT's order permitting re-export of substandard Areca Nuts and reducing penalties – Court upheld CESTAT’s decision, noting that the goods were not fit for human consumption as per Indian standards but could serve industrial purposes – CESTAT acted within its authority under Section 125 of the Customs Act, balancing justice with public policy considerations – Held: Appeals dismissed; re-export allowed with compliance conditions [Paras 25–32, 55–62].

Food Safety and Standards – Regulatory Compliance – Confiscation Reassessed
Goods tested under FSSAI standards were found substandard and unsafe for human consumption – Court observed that the importer had not contested test results but sought re-export – CESTAT correctly permitted re-export as goods were deemed unsuitable for Indian standards but had potential industrial use abroad [Paras 28–35, 60–65].

Penalties and Redemption Fine – Discretion Exercised by Tribunal – Reduction Justified - CESTAT reduced the redemption fine and personal penalties imposed by the adjudicating authority, considering the lack of deliberate misrepresentation by the importers – Court found no basis to interfere, noting the reduction aligned with proportionality principles and public policy [Paras 45–50].

Decision: Appeals dismissed – Re-export of substandard Areca Nuts permitted on payment of Rs. 25 lakhs fine and Rs. 10 lakhs penalty – Compliance conditions imposed to prevent re-import to India [Paras 65–70].
 

NEET UG Counseling – Merit-based Allotment – Petitioners higher in merit than respondents were excluded from the Stray Vacancy Round due to non-submission of Class XI mark-sheets indicating Biology as a subject – Petitioners submitted the requisite certificates promptly after public holidays but were not considered – Court held that procedural technicalities cannot override the fundamental rights of meritorious candidates under Articles 14 and 21 – Petitioners entitled to merit-based allotment of medical colleges [Paras 13.5-14.10, 15].

COVID-19 Pandemic and Education Policies – Students promoted without detailed subject certificates due to pandemic disruptions – Court acknowledged policy limitations and ruled that Class XII mark-sheets indicating Biology were sufficient for eligibility – Rejection of candidatures for lack of specific Class XI certificates deemed arbitrary [Paras 13.7-14.2].

Exceptional Circumstances Warranting Judicial Intervention – Public holidays during Stray Vacancy Round created significant challenges in obtaining documents – Respondents failed to provide adequate time and notice for document submission – Court held that such circumstances justified judicial intervention under the “rarest of the rare” doctrine to prevent prejudice against higher-merit candidates [Paras 14.6-14.9, 15].

Fundamental Right to Equality in Admissions – Rule of merit reaffirmed as the core criterion for admissions – Allocation of seats to less meritorious candidates violates Articles 14 and 21 – Candidature and allotment of colleges for lower-ranked candidates canceled in favor of petitioners [Paras 14.5-15].

Decision – Petitions allowed – Respondents directed to reallocate seats strictly based on merit – Allotment of colleges to respondent candidates canceled – Applicable to all connected petitions on mutatis mutandis basis [Paras 16-17].
 

NDPS Act – Recovery of Contraband – Procedural Lapses and Compliance Issues – Acquittal Ordered – Appellant convicted for transporting poppy husk without adherence to NDPS Act's procedural safeguards – Evidence showed recovery of 50 bags of poppy husk weighing 40 kg each, concealed under other goods – Court found non-compliance with Section 52A of the NDPS Act, absence of homogeneous mixing of seized contraband, and lapses in handling and sealing procedures – Conviction quashed and appeal allowed [Paras 27-34].

Prosecution Evidence – Discrepancies and Lack of Corroboration – Benefit of Doubt Given – Contradictions in testimony of prosecution witnesses regarding the number and weight of seized bags, and mishandling of seals and sample parcels – Court noted absence of proper link evidence to establish the integrity of the contraband samples sent for chemical examination – Benefit of doubt extended to the appellant [Paras 29-34].

Section 313 CrPC – Examination of Accused – Procedural Fairness Considered – Appellant pleaded innocence and alleged false implication due to enmity – Court highlighted deficiencies in evidence production, including non-examination of an independent witness and discrepancies in witness testimonies – Held, procedural lapses rendered prosecution's case unreliable [Paras 30-32].

Decision – Conviction Set Aside – Appeal allowed, and appellant acquitted – Court directed release of the appellant if not required in any other case – Ordered refund of any fine amount deposited, subject to law [Para 36].

Service Law – Recruitment for Lecturer Posts – Advertisement Challenged – Advertisement by State Selection Board prescribing qualification of Master’s degree with 55% marks without NET/Ph.D. for Lecturer posts in Non-Government Aided Colleges – Held: Prescribed qualifications not in consonance with UGC Regulations (2018) or State Government Resolution (1999) which mandate NET/Ph.D. as eligibility criteria – Advertisement for Physics discipline upheld on equitable grounds, but with directive for future compliance with UGC norms – Advertisements in other disciplines quashed with liberty for reissuance adhering to proper qualifications [Paras 12.1–12.6].

UGC Regulations – Applicability to State Institutions – Post of Lecturer Re-designated as Assistant Professor – UGC Regulations prescribing NET/Ph.D. qualifications deemed mandatory – Board’s reliance on outdated 1989 Resolution held unjustified – State Government’s Resolution of 1999 and subsequent notifications adopting UGC qualifications applicable to all teaching staff, including in aided colleges – Non-compliance by Board invalidates selection process [Paras 12.1–12.4].

Equity in Appointments – Completed Selections in Other Disciplines – High Court allows completion of selection in Physics discipline under impugned advertisement due to equity considerations – Future advertisements must adhere to UGC norms and State’s revised qualification standards – Other ongoing selection processes under similar advertisements quashed [Paras 12.5–12.6].

Precedents – UGC Regulations as Binding – Reliance on Supreme Court rulings in Gambhirdan K. Gadhvi, Anindya Sundar Das, and Kalyani Mathivanan – UGC Regulations have statutory force and prevail over conflicting State laws under Article 254 of the Constitution – Any State deviation must align with UGC standards or risk invalidity [Paras 6.8, 8, 12].

Decision: The writ petition W.P.(C) No. 36125 of 2023 was partially allowed, permitting the completion of the selection process for the post of Lecturer in Physics based on equitable considerations. However, the advertisements challenged in W.P.(C) Nos. 8115 and 8155 of 2024 were quashed, with directions to issue fresh advertisements adhering to UGC guidelines and the state government’s resolutions. Future recruitment processes must comply with UGC norms.