Criminal Law - Confiscation of Vehicle - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 25, 60 and 63 - Interim Release on Financial Bonds - Applicant sought release of a truck confiscated by the Special Judge after his conviction for allowing the vehicle to be used for transporting poppy husk - Applicant argued the vehicle was deteriorating in the police station and sought release on financial bonds pending the final outcome of the appeal - Court observed that while Section 60 aims to inflict financial loss to dissuade illicit trafficking a conviction only attains finality when the appeal is decided - Held - Keeping confiscated vehicles in parking lots serves no purpose and causes irreparable economic loss to the owner and the State - Vehicles must be released on financial bonds ensuring that if confiscation is upheld the owner pays the current market value plus interest - Application allowed - [Paras 1-15, 32-36].

Criminal Law - Natural Justice - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 60 and 63 - Right of Hearing - Applicant-owner claimed he was not heard before the order of confiscation was passed - Supreme Court in Bishwajit Dey v State of Assam held that seized vehicles can be confiscated only at the conclusion of trial and a hearing must be given to any person claiming a right to the vehicle - Held - Confiscation results in deprivation of property and must conform to natural justice - Prior hearing is mandatory to ensure a bona fide owner is not subjected to undue hardship without knowledge of the misuse of the vehicle - [Paras 8-10, 29-30].

Criminal Law - Disposal of Property - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 497 - Code of Criminal Procedure 1973 - Section 451 - Guidelines for Release - Court formulated a comprehensive procedure for interim release including certified valuation - personal bond - and surety by a solvent guarantor - Held - Registered owner must furnish an undertaking to pay the market value with 6 percent interest compounded annually if the confiscation is upheld - District Judiciary directed not to reject such applications in a mechanical manner where vehicles are not required for evidence - [Paras 16-25, 37-45].

Decision: Application allowed – Interim release of vehicle (TATA LPT3118 TC) ordered in favor of the registered owner – Applicant directed to furnish valuation report and financial bonds with 6 percent interest per annum – Order subject to compliance within ninety days.

Civil Law - Arbitration - Arbitration and Conciliation Act 1996 - Section 12(5) - Seventh Schedule - Ineligibility of Arbitrator - Neutrality - Retrospective vs Prospective Applicability - Revision Petition under Article 227 challenging Executing Court order dated 08.07.2025 dismissing execution of arbitral award - Executing Court held award was unenforceable due to conflict with Section 12(5) regarding statutory ineligibility of sole arbitrators who were departmental officers - Dispute arose from 2006 agreement for paddy milling - Arbitrator appointed and award passed in 2012 - Section 34 objections dismissed in 2019 - Petitioners argued Section 12(5) introduced by 2015 Amendment Act cannot apply retrospectively to proceedings commenced prior to 23.10.2015 - Respondents relied on Ellora Paper Mills to claim ineligibility goes to the root of jurisdiction rendering the award void ab initio - Court examined Section 26 of 2015 Amendment Act and Section 87 of 2019 Amendment Act - Interpreted Supreme Court rulings in Kochi Cricket and Hindustan Construction Company - Held - 2015 Amendment marks a departure from earlier regime of disclosure to one of statutory ineligibility - Amendment is prospective in operation - It does not affect rights crystallized in proceedings concluded prior to 23.10.2015 - It does not apply to arbitral proceedings commenced prior to 23.10.2015 unless parties specifically agree in writing - Execution petition is a post-award proceeding governed by the law applicable at the time of commencement of arbitration - Executing Court cannot go behind the award to apply prospective amendments retrospectively - Revision petitions allowed - [Paras 1-39].

Civil Law - Arbitration - Arbitration and Conciliation Act 1996 - Section 26 - Applicability of Amendment Act - Interpretation of Section 26 regarding bifurcation of proceedings - Supreme Court in BCCI v. Kochi Cricket held Amendment Act is prospective and applies to arbitral proceedings commenced on or after 23.10.2015 and court proceedings in relation to such arbitral proceedings - Held - Execution of an award arising from arbitral proceedings commenced prior to the 2015 Amendment Act does not fall within the ambit of court proceedings in relation to arbitral proceedings under Section 26 - Intention of legislature was to preserve finality of arbitral mandate - Amended provisions relating to court remedies such as Section 34 and Section 36 apply to court proceedings filed after amendment but provisions affecting conduct of arbitral proceedings themselves operate prospectively - [Paras 15-25, 32-35].

Civil Law - Execution of Award - Arbitration and Conciliation Act 1996 - Section 36 - Executing Court Powers - Scope of inquiry in execution of arbitral award - General rule that executing court cannot go behind the award and is bound to execute it as is - Exception limited to inherent lack of jurisdiction in court or tribunal that rendered decision - Held - Once award has been passed by an arbitrator who was eligible under the law as it stood at the time of appointment the Executing Court cannot apply 2015 Amendment provisions retrospectively - No inherent lack of jurisdiction arises merely because of subsequent prospective changes in arbitrator eligibility criteria - Execution of awards arising from proceedings commenced prior to 23.10.2015 cannot be said to be unenforceable on ground of conflict with Section 12(5) - [Paras 30-36].

Decision: All Civil Revision Petitions allowed – Impugned orders passed by the Executing Courts set aside – Execution applications remitted to respective Executing Courts for proceeding further in accordance with law.

Criminal Law - Murder - Ranbir Penal Code 1989 - Section 302 - Conviction set aside - Appellants were accused of murdering the deceased husband of the female appellant to continue an illicit relationship - Prosecution theory alleged administration of sedatives followed by strangulation and hanging the body to simulate suicide - Trial Court convicted appellants based on disclosure statements and motive - High Court observed that the prosecution failed to establish the foundational fact of the presence of the deceased at home during the occurrence - Natural witnesses being the children of the deceased did not witness the presence of the male appellant - Medical evidence failed to support the charge as viscera report was negative for sedatives and the doctor ruled out smothering - Held - The chain of circumstances was incomplete and broken - Conviction founded on conjectures and surmises cannot be sustained - Appellants acquitted - [Paras 1-52].

Evidence Law - Disclosure and Confession - Evidence Act 1872 - Sections 25 - 26 and 27 - Admissibility - Trial Court relied on entire confessional narratives recorded by police - High Court held that only the portion which distinctly relates to the discovery of a fact is admissible under Section 27 - Alleged recoveries of a glass and scarf from non-concealed places in the kitchen were deemed weak and inconclusive - Evidence of PW-16 revealed that the alleged sedatives were procured for the appellant's father - Held - Confessional portions of disclosure statements made in custody are hit by Sections 25 and 26 and must be excluded from consideration - [Paras 34-37, 49-50].

Criminal Law - Circumstantial Evidence - Evidence Act 1872 - Section 3 - Standard of Proof - Suspicion vs Legal Proof - Prosecution relied on motive of illicit affair and Call Detail Records (CDR) - High Court held that suspicion however grave can never substitute for proof beyond reasonable doubt - Motive assumes significance in circumstantial cases but cannot take the place of substantive proof especially when based on hearsay - Prosecution failed to establish "last seen" theory as no witness saw the appellants together at the relevant time - Held - When two views are possible the view favourable to the accused must be adopted - Prosecution failed to prove guilt beyond reasonable doubt - [Paras 40-41, 45-48, 51].

Decision: Appeals allowed – Conviction and sentence passed by the Trial Court set aside – Appellants acquitted and ordered to be released forthwith.

Writ Law - Banking Fraud - Constitution of India 1950 - Article 226 - Letters Patent Appeal by State Bank of India challenging Single Judge order - Respondent No 1 fell victim to cyber fraud after clicking a suspicious link leading to unauthorized withdrawal of Rs 260000 - Banking Ombudsman ordered partial payment of Rs 33340 - Single Judge set aside Ombudsman order and directed bank to pay full amount with 9 percent interest - Division Bench found that the transactions were secured by Two-Factor Authentication and OTP delivery - Held - Issues regarding whether credentials were compromised by malware or voluntary disclosure are disputed questions of fact requiring forensic examination - Writ Court cannot presume deficiency in service without technical evidence - Appeal allowed and impugned judgment set aside - [Paras 1-20].

Civil Law - Customer Negligence - RBI Master Circular dated 06 July 2017 - Clause 6 and Clause 7 - Liability in unauthorized electronic banking transactions - Respondent No 1 clicked a link from unknown source prior to transactions - Bank sent OTPs and SMS alerts - Single Judge held customer was not negligent as he denied sharing OTPs - Held - The expression such as where he has shared the payment credentials in Clause 7(i) is illustrative and not exhaustive - Interacting with suspicious links exposing banking credentials to misuse constitutes negligence - Liability for loss rests with the customer until reporting to the bank - [Paras 9.1-13].

Writ Law - Scope of Jurisdiction - Constitution of India 1950 - Article 226 - Judicial Review - Challenge to Banking Ombudsman order - Bench examined if Single Judge was justified in fastening liability for cyber fraud - Held - Inquiry under Article 226 must confine to manifest arbitrariness or procedural infirmity - Matters requiring technical and forensic adjudication on evidence should not be conclusively determined in writ jurisdiction - Reliance on Tony Enterprises distinguished as that case involved established police investigation of SIM swapping - [Paras 15-18].

Decision: Appeal allowed – Impugned judgment of the Single Judge dated 18.11.2024 set aside – Banking Ombudsman order dated 20.10.2021 restored.

Writ Law - Judicial Review in Public Works Contracts - Constitution of India - Article 226 - Petitioner challenged letters invoking Clause 60(C) of A.P.D.S.S. for withdrawal of dam restoration work - Alleged failure of State to provide designs and pay outstanding dues of five point seven six crores - State contended Petitioner abandoned work and failed to adhere to milestones - Urgent works required for dam safety and temple protection before monsoon - Single Judge granted stay on coercive steps - Vacation Bench found interim order vague and incapable of precise enforcement - Held - Writ jurisdiction cannot be used for enforcing or rewriting contract terms - Disputed questions of fact regarding measurements and delays are for arbitration or civil suit - Interim order modified to require State to act strictly per contract terms - [Paras 1-26].

Writ Law - Judicial Restraint in Contracts - Constitution of India - Article 226 - Scope of review - High Court should not function as site engineer or sit as Court of Appeal over decisions of contractual authorities - Interference justified only in cases of manifest arbitrariness or mala fides or irrationality - Held - Courts must afford fair play in the joints to governmental undertakings - Authority floating contract is best judge of its requirements - [Paras 11-14].

Writ Law - Specificity of Interim Relief - Constitution of India - Article 226 - Use of expression coercive steps in interim orders - Single Judge restrained Respondents from taking coercive steps - Held - Expression coercive steps is uncertain and vague and incapable of precise enforcement - Such terminology has potential to interdict lawful contractual and statutory functions of the State - Interim orders must be precise and not impede urgent public works - [Paras 22-23].

Decision: I.A. No. 3 of 2026 is disposed of – Interim order dated 30.04.2026 is modified to direct Respondents to proceed strictly in accordance with Agreement terms and clear outstanding bills within three weeks.

Criminal Law - Rape - Indian Penal Code 1860 - Section 376 - Conviction based on child witness testimony - Appellant was convicted by the Trial Court for the rape of a 9-year-old girl and sentenced to life imprisonment - Prosecution case rested on the testimony of the victim (P.W.1) and her mother (P.W.2) who reached the spot immediately after hearing cries - Accused-neighbour fled the scene upon being spotted - Defense argued delay in FIR and lack of external injuries - High Court reappraised the evidence noting that the child witness was found competent after preliminary examination and her testimony was consistent on material particulars - Held - The prosecution successfully proved the guilt beyond reasonable doubt - Trial Court judgment affirmed - Appeal dismissed - [Paras 1-15, 32-53].

Criminal Law - FIR Delay - Code of Criminal Procedure 1973 - Section 154 - Explanation for delay - F.I.R. was lodged two days after the incident - Complainant-mother explained the delay citing the absence of her husband and the social stigma/shame attached to such offences in a tradition-bound society - Held - Delay per se is not a mitigating circumstance in rape cases - Satisfactory explanation of delay is weighty enough to reject the plea of false implication - [Paras 22-26].

Evidence Law - Child Witness - Indian Evidence Act 1872 - Section 118 - Competency and reliability - Victim aged approximately 9 years was examined as P.W.1 - Trial Court recorded its satisfaction regarding the witness's capability to understand questions despite being rustic - Defense alleged tutoring by the mother - Held - Testimony of a child witness if found natural and free from tutoring can form the sole basis of conviction - Minor variations in peripheral details do not render such testimony unreliable - [Paras 28-37, 48].

Evidence Law - Medical Evidence - Indian Evidence Act 1872 - Section 3 - Corroborative value - Medical report showed torn hymen and inflammation but no other external injuries - Defense contended absence of injuries falsified the rape charge - Held - Medical evidence is corroborative in nature - Presence of injuries is not a sine qua non for determining the offence of rape - Minor inconsistencies with medical opinion do not override clear and reliable ocular testimony - [Paras 5-8, 49-50].

Evidence Law - Rustic Witness - Appreciation of evidence - Testimony of village-based witnesses - Discrepancies noted in exact distances and directions in the narrations of P.W.1 and P.W.2 - Held - Evidence of rustic witnesses must be appreciated in light of their behavioral patterns and environment - Trivial discrepancies unrelated to the core incident do not affect the veracity of the testimony - Court must separate the grain from the chaff - [Paras 45-47, 50].

Decision: Appeal dismissed – Conviction and life imprisonment sentence under Section 376 IPC maintained – Appellant to remain in jail to serve the sentence.

Writ Law - Reservation - Odisha Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act 2007 - Section 9(1) - State Government Schools (SGS) Quota - Petitioner passed 10th from Government High School under BSE Odisha and 12th from Christ College under CHSE Odisha in 2014 - Secured 49.66 percent marks in PCB subjects failing to meet the mandatory 50 percent aggregate for general category - Petitioner subsequently appeared for Chemistry through NIOS in 2022 and improved marks to meet the threshold - Claimed 15 percent horizontal reservation under SGS quota for NEET-UG 2025 - OJEE authorities refused allotment during Spot Round on ground that NIOS is not a State Government institution - Petitioner alleged the decision was hit by doctrine of estoppel and was discriminatory as candidates with lower ranks were allotted seats - High Court noted that SGS reservation is strictly restricted to students passing 10th from BSE Odisha and 12th from CHSE Odisha from Government institutions as per Notification dated 26.03.2021 - NIOS does not fall under definitions of High School or Junior College under Odisha Education Act 1969 - Held - Petitioner cannot bridge the qualification gap by using marks from a different Board to claim a quota specifically reserved for State Board students - Writ petition dismissed - [Paras 1-16].

Education Law - Eligibility for Reservation - Odisha Professional Educational Institutions (Regulation of Admission and Fixation of Fee) Act 2007 - Section 9 - Combining Marks from Different Boards - Interpretation of State Government School (SGS) Quota - Petitioner relied on improved Chemistry marks from NIOS to satisfy the 50 percent aggregate requirement for medical admission under State quota - Held - SGS reservation can only be granted if the candidate passes both 10th and 12th from the State Board and satisfies the minimum qualifying marks from that Board alone - While NIOS marks may satisfy general eligibility under National Medical Commission rules - they cannot be utilized to claim a state-specific reservation restricted to CHSE Odisha students - A candidate cannot avail two privileges at the same time by using an external board to qualify for a state-specific quota - [Paras 14-15].

Decision: Writ petition dismissed – Petitioner held ineligible for reservation under the State Government Schools (SGS) quota.

Writ Law - Custodial Torture - Public Humiliation - Constitution of India - Article 226 - Police Misconduct - Petitioner alleged that after arrest he was subjected to custodial assault - forcibly shaved - dressed in women’s clothing - and paraded through a crowded marketplace - Photographs and videos were circulated on social media causing irreparable damage to reputation and dignity - Police authorities contended petitioner was apprehended in female attire while trying to evade arrest and no acts of forced dressing or shaving occurred - Court found the police explanation implausible and contrary to ordinary human conduct - Held - The conduct reflects a palpable overreach of authority not sanctioned by law - Police cannot assume the role of a judge or engage in acts that resemble judicial determination - Petition disposed of with mandatory directions - [Paras 1-18].

Constitutional Law - Right to Dignity - Constitution of India - Article 21 - Institutional Humiliation - The right to life is not merely a physical existence but encompasses the right to live with dignity free from humiliation and unwarranted public exposure - Parading an accused before the media and capturing images within police stations constitutes a systematic erosion of individual reputation - Such acts leave indelible scars on the psyche even if the person is eventually acquitted - Held - Institutional humiliation is wholly inconsistent with the constitutional promise of dignity and is incompatible with the tenets of constitutional morality - [Paras 15-16].

Criminal Law - Media Trial - Role of Police - Presumption of Innocence - The phenomenon of media trial by police through press conferences and orchestrated disclosures seeks to project an accused as culpable before due process of law - Such conduct violates the bulwark against arbitrary State action - Presumption of innocence remains a cherished right until a finding of guilt is established through due process - Held - Investigative officers must refrain from prematurely informing media of breakthroughs to claim investigational credit as it jeopardizes the integrity of the investigation - [Paras 14-16].

Criminal Law - Police Powers - Indian Penal Code 1860 - Section 53 - Extra-legal Punishment - The power to investigate does not encompass the power to declare guilt or inflict punishment - Police role is confined strictly to investigation and maintenance of law and order - Statutory framework exhaustively prescribes the nature and extent of punishments that may be imposed solely by the Judiciary - Held - Subjecting an accused to public parading or social media condemnation orchestrated by police is an extra-legal penalty not recognized by law and amounts to an unwarranted usurpation of judicial function - [Paras 17-18].

Decision: Writ Petition disposed of – Court issued mandatory directions for strict adherence to SOPs – Prohibited public parading or disrobing of individuals lacking serious criminal antecedents – Declared social media condemnation orchestrated by police as an unauthorized form of punishment – Directed display of Do’s and Don’ts at all police stations – Reserved liberty for petitioner to pursue civil remedies for damages.

Civil Law - Rent and Eviction - Haryana Urban (Control of Rent and Eviction) Act 1973 - Section 13 - Unsafe and unfit for human habitation - Respondent landlord sought eviction of petitioners on grounds of non-payment of rent and building being unfit for habitation - Rent Controller and Appellate Authority ordered eviction primarily due to the building being 70 to 80 years old and constructed with small bricks and mud mortar - High Court scrutinized the Local Commissioner report and found the official had not physically entered the premises and merely observed it from an adjoining roof - Court determined that mere age of a structure or the nature of construction material used cannot be the sole basis for declaring a building unsafe - Held - Findings of lower authorities were based on surmises and conjectures without substantive evidentiary foundation - Revision petitions allowed and eviction orders set aside - [Paras 1-17.3].

Civil Law - Eviction Ground - Haryana Urban (Control of Rent and Eviction) Act 1973 - Section 13 - Standard of Proof - Building condition - Ratio Decidendi - Mere antiquity of a structure or the use of traditional materials like small bricks or mud mortar does not constitute conclusive proof that a building is structurally unsafe or unfit for human habitation - Findings of unfitness must be supported by cogent evidence such as expert testimony showing collapse of portions or extensive cracks or weakening of structural components - Held - Absence of independent evidence regarding actual physical deterioration renders eviction orders legally unsustainable - [Paras 17-17.2].

Civil Law - Landlord and Tenant Relationship - Haryana Urban (Control of Rent and Eviction) Act 1973 - Section 13 - Admissibility of Evidence - Petitioners relied upon assessment record Ex.A3 to argue premises were fit for habitation - Same document recorded their predecessor as a tenant under respondent - Held - A document relied upon by a party for one purpose can be read in its entirety and the party cannot selectively rely on parts favorable to their case - Relationship of landlord and tenant confirmed - [Paras 12-12.1].

Decision: Revision petitions allowed – Impugned orders and judgments of the Rent Controller and Appellate Authority quashed – Eviction petitions dismissed.