NDPS Act, 1985 and Cr.P.C. – Section 457 – Interim Release of Vehicles – Applicability in NDPS Cases – Reference answered concerning the applicability of Cr.P.C. provisions for interim release of vehicles seized under the NDPS Act – Supreme Court's recent decision in Bishwajit Dey v. State of Assam, 2025 SCC OnLine SC 40, considered – Held: NDPS Act does not specifically bar interim release of seized vehicles – Sections 451 and 457 Cr.P.C. can be invoked in the absence of inconsistency with NDPS Act provisions – Courts possess discretion to release vehicles on appropriate terms [Paras 12, 13].

Judicial Discretion – Interim Release of Vehicles – Considerations – Held: Courts must exercise discretion in releasing vehicles seized in NDPS cases after assessing the specific facts – Safeguards include videography and photographs for identification, restriction on sale/transfer, and undertaking for production during trial – Release can prevent wastage and loss of value due to prolonged custody [Paras 12, 13, 14].

Bar under NDPS Act – Section 63 – Scope and Interpretation – Seized vehicles under NDPS Act are subject to confiscation only upon trial conclusion if ownership or knowledge of use for illicit activity is proven – Interim release permissible subject to conditions ensuring vehicle's availability for trial and safeguarding public interest [Para 13].

Supreme Court Precedents – Application in Interim Release – Decisions in Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, and Sainaba v. State of Kerala, 2022 SCC OnLine SC 1784, relied upon – Emphasis on avoiding unnecessary retention of vehicles that could benefit owners and financiers while preserving their evidentiary value [Paras 10, 12, 13].

Decision – Reference Answered –
(i) No specific bar under NDPS Act for interim release of seized vehicles.
(ii) Sections 451 and 457 Cr.P.C. applicable for such release.
(iii) Courts to exercise discretion based on case facts, ensuring compliance with law.
(iv) Safeguards to be imposed, including conditions for identification, usage restrictions, and undertakings for trial compliance [Para 13].
 

Pension Law – Restoration of Commuted Pension – Period for Restoration – Petitioners, retired employees of Punjab National Bank, challenged the 15-year period prescribed under Regulation 41(4) of the Punjab National Bank (Employee) Pension Regulation, 1995, for restoration of commuted pension – Contended that lump sum amount paid on commutation is recovered within 10-11 years, and the restoration period should be reduced to 10 years – Held: The 15-year period is a statutory provision and forms part of the contractual agreement voluntarily accepted by the petitioners – Petitioners, having acquiesced to the terms of commutation, cannot later challenge them – Dismissal of petition upheld [Paras 11-19].

Contractual Obligation – Binding Nature of Commutation Agreement – The petitioners, having opted for commutation of pension under the statutory scheme, are bound by its terms – Petitioners contended the restoration period is inequitable as the bank recovers the lump sum amount within 10 years – Held: Statutory regulations clearly provide for restoration of pension after 15 years, and this forms a binding contractual obligation between the employee and the employer – Petitioners cannot resile from the accepted terms [Paras 13-18].

Transparency in Pension Scheme – Calculation and Disclosure – Petitioners argued that the calculation of commuted amounts and restoration period was not adequately disclosed – Held: The scheme under Regulation 41 of the Pension Regulations, 1995, provides clear details of the calculation and restoration of pension – Petitioners could have sought clarification before accepting the scheme – No lack of transparency was found [Paras 16-18].

Judicial Precedent – Restoration Period and Employee Acquiescence – Relying on judgments of the Supreme Court and High Courts, the Court held that an employee who voluntarily accepts the commutation terms cannot later challenge them – Precedents support enforcement of the statutory scheme as binding [Paras 19-20].

Decision – Petition Dismissed – The writ petition challenging the 15-year period for restoration of commuted pension under Regulation 41(4) and (5) of the Punjab National Bank (Employee) Pension Regulation, 1995, was dismissed – Petitioners’ arguments found untenable as the statutory scheme was binding and voluntary [Para 21].
 

Writ – Election Law - Disqualification of Elected Sarpanch – Encroachment on Government Land – Section 14(1)(j-3) of the Maharashtra Village Panchayats Act – Petitioners sought disqualification of Respondent No. 1 (Sarpanch) based on alleged encroachment by his mother on government land – Held: Encroachment by a close family member can result in disqualification under certain circumstances – However, the allegation of encroachment must be substantiated with concrete evidence, and mere conjectures or surmises are insufficient to unseat a democratically elected representative – No conclusive proof of encroachment was established – Petition dismissed [Paras 9-11, 16, 22].

Standard of Proof – Elected Representatives – Strict Proof Required – Removal of an elected official carries severe consequences and must be supported by definitive evidence – Statutory remedies must be exercised with strict adherence to procedural requirements – Courts must not rely on mere probabilities when adjudicating on disqualifications [Paras 16-19].

Housing Schemes on Government Land – NREP and Similar Initiatives – Construction of houses for landless laborers under government schemes does not necessarily constitute encroachment – In the absence of evidence showing irregularity in such schemes, disqualification under Section 14(1)(j-3) is unwarranted – Official records supported the claim that the house was constructed under a government scheme [Paras 13-15, 20].

Decision – Petition Dismissed – The Additional Divisional Commissioner's order reversing the Collector's disqualification order upheld – Petitioners failed to establish encroachment conclusively – No costs awarded [Para 22].

Criminal Law – Bail Application – Prima Facie Case – Grant of Bail

Petitioner accused of sexually harassing the de facto complainant during a public event and making sexually colored remarks on social media – Prosecution argued that petitioner’s comments and actions amount to body shaming and sexual harassment – Court observed that the allegations prima facie attract the offenses under Section 75(1)(i) and 75(1)(iv) of BNS and Section 67 of IT Act – Held: Petitioner to be released on bail as offenses are punishable with imprisonment for up to three years, subject to compliance with stringent conditions – Bail granted. Paras7–9,14.

Criminal Law – Double Meaning Words – Prima Facie Evidence

Allegations that petitioner used double-meaning words in public and online remarks – Court noted that the statements, when interpreted in the context, support the prosecution's claim of sexual harassment – Held: Prima facie evidence of offenses under BNS exists, warranting imposition of stringent bail conditions.

Bail Jurisprudence – “Bail is the Rule, Jail is the Exception”

Reiterated that the principle of “bail is the rule and jail is the exception” must guide decisions in cases where the offenses are punishable with imprisonment for less than seven years – Held: Petitioner’s continued detention is not warranted as the maximum punishment prescribed is three years – Bail granted with conditions to ensure fair trial and societal safety. Paras11,13.

Right to Bail – Societal Concerns vs. Fair Trial

Prosecution opposed bail, arguing that granting bail to a prominent personality like the petitioner might send a wrong societal message – Court balanced societal concerns with the principle of fair trial and the petitioner’s rights under Article 21 of the Constitution – Held: Bail granted, noting that petitioner is not a flight risk and can be subjected to stringent conditions to prevent misuse of liberty. Paras10–12.

Body Shaming and Social Commentary – Judicial Criticism

Court expressed strong disapproval of body shaming, noting its harmful societal impact – Observed that public figures must exercise greater responsibility in their words and actions – Held: Petitioner’s conduct warrants serious censure, but detention is not justified when stringent bail conditions can safeguard societal interests. Paras10,14.

Bail Conditions – Need for Compliance

Petitioner required to execute a bond and comply with conditions, including refraining from making derogatory remarks and cooperating with the investigation – Held: Violation of conditions will entitle the jurisdictional court to cancel bail. Para14.

Decision: Bail application allowed – Petitioner to be released on executing a bond of Rs. 50,000 with two solvent sureties – Bail granted subject to compliance with stringent conditions to ensure societal safety and fair trial – Prosecution and complainant at liberty to seek cancellation of bail if conditions are violated. Paras14.

Trademark Infringement - Section 29 of the Trade Marks Act - Visual and Phonetic Dissimilarity - Whether the defendant's modified mark “MAHINDRA ZEO” infringes the plaintiff's registered trademark “EZIO” - Held: No - The defendant modified its mark by removing “e” and including the house mark “MAHINDRA” - The marks are visually and phonetically distinct - No automatic presumption of confusion arises - Plaintiff's case of infringement and passing off prima facie rejected [Paras 17, 20-21, 40].

Goodwill and Market Presence - Consideration in Passing Off - Plaintiff's Absence of Market Presence - Plaintiff is yet to launch any product under the mark “EZIO” - Defendant, with an established market reputation, demonstrated bona fide adoption of its mark “ZEO” based on independent searches - Likelihood of confusion negated by plaintiff’s lack of established goodwill [Paras 22-25, 40].

Likelihood of Consumer Confusion - Factors for Determination - Nature of Goods and Purchasing Decisions - Cars as High-End Products Purchased After Deliberation - Purchasers consider both the product and manufacturer’s reputation - The inclusion of “MAHINDRA” distinguishes the defendant’s mark from the plaintiff’s [Paras 31-34].

House Mark as a Distinguishing Feature - Use of “MAHINDRA” with “ZEO” - Defendant's house mark “MAHINDRA” serves as a differentiator in the market - The court emphasized the established practice in the automobile industry of identifying models along with manufacturer names [Para 34].

Decision on Interim Injunction - Application Dismissed - Plaintiff failed to demonstrate a prima facie case or likelihood of confusion - Balance of convenience favored the defendant, as its product was already launched, unlike the plaintiff's - Observations limited to interim stage [Paras 40-43].
 

Service Law - Compassionate Appointment – Rule 9(7) of 1990 Rules – Delayed Application – Application Rejected – Respondent applied for compassionate appointment in 2013, seven years after her father’s death in 2006, citing her mother’s medical unfitness – Rule 9(7) mandates that minors at the time of death of a government servant must apply within three years of attaining majority – Held: Respondent failed to meet the requirements of the rules, and compassionate appointment cannot be granted after 17 years – Appeal allowed, respondent’s application rejected [Paras 7, 18, 20-21].

Purpose of Compassionate Appointment – Immediacy of Financial Need – Appointment Denied – The scheme of compassionate appointment exists to address the immediate financial hardship caused by the death of a government servant – A prolonged delay (seven years in application, 17 years in total) defeats the purpose of the scheme – Held: Delayed claims cannot be entertained as compassionate appointment is not a matter of inheritance or vested right [Paras 10, 21].

Eligibility – Widow’s Medical Unfitness – Burden of Proof – Respondent relied on a medical certificate issued seven years after the death of her father, asserting that her mother was unfit for employment – Court held that the incapacity must be proven at the time of death, not at the time of the delayed application – Held: Respondent failed to prove that her mother was unfit at the relevant time [Paras 13, 20].

Case Law Distinction – Malaya Nanda Sethy Distinguished – Compassionate appointment in Malaya Nanda Sethy was granted where the widow was unfit and the son applied promptly – Court held that the respondent’s case is different as there was no immediate application, and the claim was unjustifiably delayed – Held: Malaya Nanda Sethy is factually inapplicable to the present case [Paras 12, 20].

Final Decision – Appeal Allowed – Respondent’s Claim Rejected – The Single Judge’s judgment directing consideration of the respondent’s application for compassionate appointment was erroneous and contrary to the scheme's intent – Appeal allowed – Respondent’s writ petition dismissed [Paras 22-23].
 

Criminal Law – Quashing - Fraudulent Land Transfers – Allegations of Sale of Government-Vested Land – Allegations of illegal transfer of government-vested land using fabricated powers of attorney – Petitioners include councilors, intermediaries, and witnesses – Held: Prima facie evidence of fraud, forgery, and conspiracy; investigation into large-scale transfer of government land on forged documents must continue; quashing of proceedings not permissible [Paras 11-16].

Fabrication of Power of Attorney – Legal Implications – A fabricated power of attorney created in the name of a fictitious individual was used to execute transactions – Held: Prima facie evidence of illegal execution of deeds; proper investigation required to ascertain the authenticity of documents and the role of petitioners [Para 12].

Role of Petitioners – Witnesses, Councilors, and Beneficiaries – Petitioners claimed they acted in good faith as witnesses and identifiers – Held: Mere denial of knowledge of the illegality is insufficient; culpability of all parties to be examined during investigation and trial [Paras 5-9].

Scope of Section 482 Cr.P.C. – Quashing of Proceedings – Legal principles governing quashing of proceedings under Section 482 of the Cr.P.C. – Held: High Court should exercise its power sparingly and only when complaints are frivolous or baseless; economic offences and public interest crimes demand a full-fledged investigation, not premature interference [Paras 13-15].

Economic Offences – Public Interest Implications – Fraudulent land transactions involving government-vested property constitute an economic offence affecting public interest – Held: Such offences have a serious societal impact; continuance of criminal proceedings is necessary for justice [Para 16].

Judicial Precedents – Limits of High Court’s Inherent Powers – Reliance on principles laid down by the Supreme Court in Gian Singh v. State of Punjab, State of Madhya Pradesh v. Laxmi Narayan, and others – Held: Quashing not justified where serious allegations of fraud and public interest issues are involved [Paras 14-15].

Decision: CRR 3244 of 2023, CRR 4421 of 2023, CRR 1947 of 2024, and CRR 1950 of 2024 dismissed. Criminal proceedings in G.R. Case No. 304 of 2023 to continue.
 

Maintenance to Children – Date of Maintenance – Uniformity in Awards – Section 20(1)(d), DV Act – Petition challenging the Sessions Court’s limitation of maintenance to minor children from the date of the order, instead of the date of the application. Held: Maintenance to be awarded from the date of the application to ensure financial sustenance of minors and adherence to Supreme Court precedent in Rajnesh v. Neha – Order of Sessions Court set aside, Trial Court’s order restored [Paras 11-13].

Residence Order – Post-Divorce Benefit – Section 19, DV Act – Question of whether a divorced woman is entitled to residence benefits under Section 19 of the DV Act. Held: A divorced woman cannot claim residence benefits if she is not living in a shared household. Residence order benefit limited to the period before the dissolution of marriage – Residence order quashed post-divorce [Paras 23-30].

Standard of Proof under DV Act – Section 19 – Protection orders (Section 18) may be issued on a prima facie basis, but residence orders under Section 19 require satisfaction that domestic violence has occurred. Held: Evidence of physical, verbal, and economic abuse supported by credible testimony satisfies the preponderance of probabilities standard – Residence order upheld for the period prior to divorce [Paras 20-21].

Revisional Jurisdiction – Limited Scope – Sections 397-401 CrPC – Revisional power of High Court limited to addressing errors of jurisdiction, procedural irregularities, or perverse findings. Held: Unless the findings are grossly erroneous or arbitrary, the Revisional Court should not interfere – Orders by lower courts upheld except where explicitly modified [Paras 29-31].

Decision: Crl.R.P. No. 1577/2013 (By Wife) – Allowed in part. Maintenance for minor children restored from the date of application (18/12/2008).
Crl.R.P. No. 1173/2013 (By Husband) – Allowed in part. Residence order under Section 19 limited to the period before dissolution of marriage (08/04/2014).
 

Electricity Regulation – Compliance with HERC Regulations – Consumer Protection – Directions issued to the petitioner to comply with Regulation 5.5 of HERC Single Point Supply Regulations – Petitioner alleged violation of natural justice principles for non-service of notice – The Court held that the petitioner was aware of the proceedings through its principal, M/s Max Heights Metro View Apartments, and cannot misuse the principle of audi alteram partem when it deliberately avoids participation – Transparent billing and adherence to regulations are mandatory, and the Forum’s directions were found valid [Paras 3-10].

Overcharging and Unauthorized Charges – Regulatory Compliance – Refund to Residents – The petitioner-firm was found to have included unauthorized charges such as common area electricity charges and power backup fees in residents' bills – The Court upheld the Forum's direction to refund excess charges to residents and emphasized that bills must comply with HERC’s Regulation 5.5 and Sales Circular No. U-01/2021 – Refund and compliance were ordered to ensure billing transparency [Paras 6-9].

Principles of Natural Justice – Audi Alteram Partem – No Violation – Petitioner argued that the Forum’s order violated principles of natural justice as no notice was served – The Court rejected this claim, noting that the petitioner was aware of the proceedings through its principal, which participated in the process – Natural justice principles cannot be used as a defense to circumvent the legal process or regulations [Paras 10-11].

Decision:

Writ petition dismissed – The Consumer Grievances Redressal Forum's order dated 19/11/2024 upheld – Directions for compliance with HERC regulations, transparent billing, and refund of unauthorized charges to residents were maintained – No order as to costs [Paras 12].