Narcotic Drugs and Psychotropic Substances Act – Procedural Compliance – Appeal against conviction for possession of contraband (charas) – Appellant was convicted by the trial court and sentenced to rigorous imprisonment for ten years and fined rupees one lakh – High Court found non-compliance with Section 52A of the NDPS Act – Samples not drawn in the presence of a Magistrate – Prosecution failed to establish primary evidence as required by law – Conviction set aside [Paras 1-22].

Facts of the Case – On 09.12.2006, a police team, while on patrol duty, apprehended the appellant who attempted to flee upon seeing the police – Personal search revealed 2kgs of charas – Independent witnesses, PW-5 and PW-6, turned hostile and did not support the prosecution’s case – The police officials’ testimonies were consistent but did not meet the statutory requirement of sampling in the presence of a Magistrate [Paras 2-12].

Witness Testimony – Hostile Witnesses – Independent witnesses did not corroborate the prosecution’s version of events – Police officials’ testimonies were insufficient to uphold the conviction in absence of compliance with Section 52A – Hostility of witnesses impacted the evidentiary value of the seizure and recovery process [Paras 9-12].

Section 52A NDPS Act – Importance of Magistrate’s Presence – Supreme Court precedents emphasized the need for Magistrate’s presence during the sampling of seized contraband – Failure to follow this procedure creates doubt about the integrity of the evidence – Prosecution’s non-compliance with Section 52A led to the inadmissibility of the CFSL report as primary evidence [Paras 15-21].

Legal Precedents – Supreme Court judgments in Union of India v. Mohan Lal, Simarnjit Singh v. State of Punjab, Yusuf v. State, Bothilal v. Narcotic Control Bureau, and Mohd. Khalid v. State of Telangana were cited to highlight the necessity of following the procedural requirements under Section 52A of the NDPS Act for a valid conviction [Paras 16-21].

Decision: Appeal allowed – Conviction and sentence set aside – Appellant acquitted – Directed to be released forthwith if not required in any other case – Release warrants to be prepared immediately [Paras 22-23].

Criminal Law – Disproportionate Assets – Charge Framing – Petitioners challenged the framing of charges by the trial court alleging disproportionate assets – Original closure report indicated no disproportionate assets – Subsequent investigation reopened after four years – Charges framed for possessing assets disproportionate to known sources of income – Petitioners argued suppression of relevant income evidence by prosecution – High Court found trial court erred in not considering complete investigation period – Charge sheet framed ignoring substantial income during relevant period, leading to wrongfully framed charges [Paras 1-24].

Investigation Procedures – Supplementary Reports – High Court emphasized the need for trial courts to consider primary and supplementary investigation reports conjointly – Ignoring critical income evidence resulted in unjust framing of charges – Upheld principles from Supreme Court precedents mandating full assessment of all investigative findings before forming charges [Paras 25-27].

Decision – Revision Petition Allowed – Held – Order by XIII Additional Special Judge for CBI Cases set aside – Charges against petitioners discharged – Directed trial court to adhere to proper procedure by considering complete investigation data before framing charges [Paras 28-29].

Negotiable Instruments Act – Section 138 – Cheque Dishonor – Conviction and Sentence: Petitioner convicted by the trial court for dishonoring a cheque issued to discharge liability. Trial court sentenced petitioner to simple imprisonment for three months and compensation of Rs. 4,80,000/-. On appeal, compensation reduced to Rs. 3,00,000/- by the Additional Sessions Judge, Kullu [Paras 1-4].

Compounding of Offense – Section 147 of the Act: Petitioner and respondent settled the dispute amicably for Rs. 3,60,000/-. Entire compensation amount agreed upon paid or arranged to be paid. Respondent raised no objection to compounding the offense upon receiving Rs. 96,000/- deposited in trial court [Paras 5-8].

Decision: Offense compounded under Section 147 of the Act. Judgments of conviction and sentence by lower courts quashed. Petitioner acquitted. Trial court directed to release Rs. 96,000/- to the respondent [Paras 9-10].

Amendment of Written Statement – Court’s Discretion – The petitioner sought to amend the written statement to include an additional plea related to a prior agreement to sell and its subsequent cancellation – Trial Court rejected the application – High Court allowed the amendment, emphasizing that it would not change the nature of the defense or cause prejudice to the respondent – Amendment was allowed subject to the payment of costs due to the petitioner’s previous delays in the case [Paras 1-7].

Liberal Approach to Amendments – Citing Supreme Court precedents, the Court highlighted that amendments should generally be allowed if they are necessary for resolving the real issue in controversy and do not cause injustice to the other party – The Court rejected a hypertechnical approach to amendments, favoring a more liberal stance, particularly when amendments are sought before the trial's conclusion [Paras 5-6].

Costs Imposed – Given the petitioner’s history of delays, the Court imposed costs of ₹30,000 to be paid to the respondent as a condition for allowing the amendment [Para 7].

Decision:

Revision petition allowed. The petitioner is permitted to amend the written statement subject to the payment of ₹30,000 in costs to the respondent.

Amendment of Written Statement – Subsequent Events – Tenants sought to amend their written statements during the pendency of their rent appeals to bring on record subsequent events that allegedly negated the landlord's bona fide necessity – The applications for amendment were filed four years after the subsequent events and were dismissed by the Appellate Authority, leading to these revision petitions [Paras 4-5].

Malafide Intentions – The Court found that the tenants’ delay in seeking the amendments was indicative of malafide intentions to delay the proceedings – The subsequent events were not brought to the Court's attention promptly, and the amendments sought were not deemed necessary for the effective adjudication of the case [Paras 9-10].

Judicial Precedents – The Court referred to Supreme Court rulings emphasizing that amendments should be allowed when necessary for resolving the real issue in controversy and not cause injustice to the other party – However, in this case, the delay and lack of bona fides led to the dismissal of the amendment applications [Paras 7-8].

Decision:

Both revision petitions were dismissed. The Court upheld the Appellate Authority's orders rejecting the tenants’ applications for amendment of their written statements.

Bail Application – Proclaimed Offender – The petitioner sought bail after being declared a proclaimed offender in 1992 for his alleged involvement in a police encounter resulting in the deaths of police officers – The petitioner argued that he was falsely implicated by the police after they allegedly tortured and killed his brother and family members in an extrajudicial encounter – The Court denied the bail application, citing sufficient prima facie evidence connecting the petitioner to the incident and the gravity of the charges [Paras 1-13].

Judicial Findings – Prima Facie Evidence – The Court found that the investigation conducted provided sufficient evidence indicating the petitioner’s involvement in the attack on the police – The fact that the petitioner had evaded arrest for over 30 years was not considered a valid ground for granting bail [Paras 13-15].

Liberty to Surrender – The petitioner was granted liberty to surrender before the Sessions Court and file a fresh bail application on additional grounds, with the trial court requested to expedite the decision on the new bail petition [Para 14].

Decision:

Bail petition dismissed. The interim order was vacated, and the petitioner was directed to surrender before the Sessions Court by August 7, 2024, with liberty to file a fresh bail petition.

Criminal Law – NDPS Act – Quashing of Proceedings – Petitioner sought quashing of criminal proceedings under Section 482 CrPC for offences under Sections 21, 22, and 29 of the NDPS Act – Contention that petitioner was not directly involved in the contravention, merely being the owner of a drug license and a medicine shop – Alleged procedural lapses in seizure and inventory preparation – Prosecution's reliance on co-accused's statements inadmissible under Section 25 of the Evidence Act – Supreme Court precedent in Tofan Singh vs. State of Tamil Nadu applied – Court held that mobile call records and other prima facie evidence justified continuation of proceedings [Paras 1-29].

Evidence Law – Admissibility – Co-accused Statements – Statements made by co-accused to customs officers deemed inadmissible as confessions under Section 25 of the Evidence Act – However, such statements can be corroborative – Court upheld the prima facie establishment of conspiracy through call records and corroborative evidence [Paras 24-25].

Procedure – Seizure and Inventory – NDPS Act Compliance – Allegations of procedural non-compliance in seizure and inventory under Section 52 of the NDPS Act – Court observed such procedural issues to be decided during trial – Emphasized that prima facie evidence warranted trial [Paras 28-29].

Decision:

Criminal revision petition dismissed – Prima facie material sufficient to proceed with trial – Trial court directed to expedite proceedings without unnecessary adjournments [Paras 29-31].

Senior Citizen Law – Voidance of Gift Deed under Section 23 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 – High Court quashes order of the Assistant Commissioner dismissing the mother’s petition – The Court held that the absence of a clause in the Gift Deed obligating the donee (son) to take care of the donor’s (mother’s) basic needs does not preclude the application of Section 23 of the Act. The petition was maintainable, and the son’s failure to provide for his aged mother, despite her having gifted him the property, warranted declaring the Gift Deed void [Paras 1-19].

Legal Principles – Interpretation of Section 23 of the Act – The Court rejected the argument that the donor must have been a senior citizen at the time of executing the Gift Deed for Section 23 to apply. The focus is on the donor’s status as a senior citizen at the time of filing the petition, not at the time of the property’s transfer. The Court emphasized that the Act aims to ensure the welfare of senior citizens, regardless of the specific terms of the Gift Deed [Paras 12-15].

Decision – Allowance of Writ Petition – Held – The Writ Petition was allowed, the Gift Deed declared void, and the son was directed to return the gifted property to his mother within sixty days. The Court upheld the legislative intent to protect senior citizens’ welfare, ensuring that adult children fulfill their obligations to their elderly parents [Paras 18-19].

Criminal Law – Murder Conviction – Accused-appellants convicted under Section 302 IPC for the murder of Vijay Bahadur Singh alias Aangnu – Trial court’s judgment affirmed by the High Court – Appeals challenged the reliability of witness testimonies and alleged major contradictions in evidence – High Court found significant contradictions and procedural errors leading to the acquittal of the appellants [Paras 1-50].

Witness Testimony – Reliability and Contradictions – High Court scrutinized witness testimonies, finding discrepancies in their statements regarding the incident – Notable contradictions between eye witnesses and investigating officers raised doubts about the prosecution’s case – Witnesses were related to the deceased, requiring careful scrutiny which led to finding the testimonies unreliable [Paras 26-33, 34-40].

Motive – Enmity – High Court assessed the alleged motive of enmity – Found insufficient and weak motive for committing the crime – Witness testimonies did not convincingly establish a strong motive against the appellants [Paras 49-50].

Decision: Appeals allowed – Convictions and sentences set aside – Appellants acquitted of charges – Directed to not surrender, bail bonds canceled, and sureties discharged [Para 51].