Manufacture – Polymer Modified Bitumen – Central Excises and Salt Act, 1944 – The appeals focus on whether the mechanical mixing of polymers with heated bitumen constitutes manufacture, resulting in a new commercially identifiable product (Polymer Modified Bitumen or PMB) that is subject to excise duty – Supreme Court held that the process does not amount to manufacture as it merely improves the quality of bitumen without changing its fundamental characteristics and end use [Paras 14-19, 23].

Marketability – Essential Conditions – The Court emphasized that for levy of excise duty, both 'manufacture' and 'marketability' must be satisfied – Merely improving the quality of a product does not constitute manufacture unless the end product is recognized as a new and distinct commodity with a different identity, character, and use [Paras 19-22].

Extended Meaning of Manufacture – Section 2(f) – The Court reiterated that unless specified in the Section or Chapter notes of the First Schedule to the Central Excise Tariff Act, 1985, the process of adding polymers or additives to bitumen cannot be deemed manufacture under the extended definition in Section 2(f)(ii) [Paras 15-18].

Decision:

Appeals Dismissed – The Supreme Court upheld the Tribunal's findings that the process of mixing polymers and additives with bitumen does not constitute manufacture under Section 2(f) of the Central Excises and Salt Act, 1944 – PMB and CRMB are to be classified under CSH 27132000 (petroleum bitumen) and not under CSH 27150090 (bituminous mixtures) – No order as to costs [Paras 24-27].

Excise Duty Exemption – Procedural Compliance – Central Excise Rules, 1944 – The appeals question whether compliance with procedural requirements in Chapter X of the Rules is mandatory to avail of the exemption from excise duty under Notification No. 75/84-CE – Supreme Court held that for the exemption to be granted, it is necessary to comply with both the condition of intended use and the procedural requirements set out in Chapter X, including obtaining the requisite registration certificate [Paras 6-8, 14].

Substantial Compliance – Intended Use – The appellant argued that actual use of RCO for generating electricity should suffice for exemption – The Court rejected this, emphasizing that both intended use and adherence to procedural safeguards are mandatory to prevent misuse and ensure proper monitoring [Paras 4-5, 9-11].

Technical Grounds – Government Company – The appellant contended that as a government company, non-compliance with procedural aspects should not affect its eligibility for exemption – Supreme Court disagreed, stating that exemptions based on procedural compliance ensure uniform application and prevent revenue loss [Paras 12-13].

Decision:

Appeals Dismissed – The Supreme Court upheld the Tribunal's decision that the appellant was not entitled to exemption for the period during which the registration certificate was not valid – Confirmed the demand for excise duty and dismissed the appeals without costs [Paras 8-9].

Rash and Negligent Driving – Culpable Homicide – Penal Code, 1860 – The appellant was driving a car under the influence of alcohol, which led to an accident resulting in the death of seven people and injuries to eight others – Supreme Court held that the appellant’s act of driving in a drunken state at high speed showed knowledge of the dangerous consequences likely to follow, thus constituting culpable homicide not amounting to murder under Section 304 Part II IPC [Paras 14, 25-30, 41-44].

Concurrent Charges – IPC Sections 304 Part II and 338 – The Court determined that charges under Section 304 Part II (culpable homicide not amounting to murder) and Section 338 (causing grievous hurt by act endangering life or personal safety of others) IPC can coexist for a single rash or negligent act if the act was done with knowledge of its likely dangerous consequences [Paras 39-43].

Incriminating Evidence – Examination under CrPC Section 313 – The Court found that failure to specifically mention ‘drunken condition’ in the charge and not putting the Chemical Analyzer’s report (Ex. 49) to the appellant during examination under Section 313 did not cause prejudice, as the appellant was aware of the prosecution’s case and the evidence against him, including the fact that he was driving under the influence [Paras 47-59].

Decision:

Appeals Dismissed – High Court’s judgment upholding the conviction of the appellant for offences under Sections 304 Part II, 338, and 337 IPC was affirmed – Sentenced to three years rigorous imprisonment for Section 304 Part II, one year rigorous imprisonment for Section 338, and six months rigorous imprisonment for Section 337 – Sentences to run concurrently – No modification of sentence [Paras 60-68].

Right to Fair Investigation – Article 14, CrPC Section 173(8) – The appellant’s son was murdered under mysterious circumstances – The Magistrate, expressing dissatisfaction with the initial police investigation, ordered further investigation but directed the same police authorities to continue – Supreme Court held that every citizen has the right to a proper investigation, ensuring equal protection of the law under Article 14 – Directed further investigation by an independent agency [Paras 7-13].

Cryptic High Court Order – Judicial Review – Article 227 – Supreme Court found the High Court’s dismissal of the petition under Article 227 to be overly brief and lacking in consideration of the material facts – Emphasized the need for a detailed judicial review, especially in serious offences where the initial investigation is questionable [Paras 10-11].

Decision:

Appeal Allowed – High Court’s order set aside – Directed the Additional Director General of Police, State CID, Pune Division, to order a proper investigation by a senior officer – Report to be furnished to the trial court within three months – Investigation to commence within two weeks of service of this order – No costs [Paras 14-15].

Representing Advocates:

for appellant: Uday B. Dube

for respondent: Shankar Chillarge, A.G.A., and Asha Gopalan Nair

Summons – Jurisdiction of Magistrate – CrPC Sections 204, 319 – The appellant contested the CJM's issuance of summons on a private complaint after the accused was committed to the Sessions Court – Supreme Court held that once the case is committed to the Sessions Court, the Magistrate has no jurisdiction to add new accused persons to the case – Such power lies only with the Sessions Court under Section 319 CrPC after evidence is collected [Paras 7-9].

Private Complaint – Procedural Law – CrPC Sections 200, 202, 204 – The Court reiterated that a private complaint can be filed if the police investigation does not name certain accused, and the Magistrate can issue summons based on such complaint – However, once the case reaches the Sessions Court, the power to add accused persons based on new evidence lies solely with the Sessions Court [Paras 6, 9].

Legal Precedents – Applicability – The Court referred to previous judgments, particularly Ranjit Singh and Kishori Singh cases, reinforcing that only the Sessions Court can add accused persons during the trial process under Section 319 CrPC, not the Magistrate after committal [Paras 7-9].

Decision:

Appeal Allowed – High Court’s and CJM's orders set aside – Clarified that the Sessions Judge can proceed against any new accused under Section 319 CrPC based on trial evidence – The CJM's issuance of summons post-committal was without jurisdiction [Paras 9-12].

Educational Qualifications – Equivalence – The appellant was provisionally selected for the post of Teacher based on her qualifications – Supreme Court held that higher qualifications (Graduation, B.Ed., M.A.) obtained after completing a preparatory course post-Secondary Examination should be considered equivalent to the required Senior Secondary qualification – Emphasized a reasonable interpretation of 'equivalent' to avoid unjust disqualification [Paras 6-9].

Provisional Selection – Legitimate Expectation – The appellant's provisional selection should not be arbitrarily cancelled – Supreme Court acknowledged the legitimate expectation that arises from provisional selection, and ordered that the appellant be reasonably considered for appointment [Paras 7-9].

Judicial Review – Reasonableness and Fairness – The Court found the High Court's refusal to recognize higher qualifications as equivalent to the Senior Secondary Examination unreasonable – Directed the Rajasthan Public Service Commission and the State to make a suitable recommendation and appointment based on the appellant's qualifications and provisional selection [Paras 8-10].

Decision:

Appeal Allowed – High Court’s judgment set aside – Rajasthan Public Service Commission to make a suitable recommendation for the appellant within four weeks – State to make the appointment accordingly within four weeks thereafter – No costs [Paras 9-11].

Representing Advocates:

for appellant: Aishwarya Bhati

for respondent: Surya Kant, Pranav Vyas, Dushyant Parashar, Neeraj Kumar Sharma, Purnima Jauhari, A.V. Rangam, Buddy A. Rangadhan, Milind Kumar

Promotion Denial – ACR Assessment – Tripura Judicial Service Rules, 1974 – The petitioner challenged his denial of promotion in July 2003, alleging his juniors were promoted – Supreme Court held that the adverse remarks in the petitioner’s Annual Confidential Reports (ACRs) for 2000, 2001, and 2002 justified the denial of promotion based on merit-cum-seniority criteria under Rule 7(1) of the 1974 Rules – The adverse remarks communicated in 2002 and 2003 were sufficient to deny promotion [Paras 6-7].

Retirement Age – Extension of Service – Tripura Judicial Service Rules, 2003 – The petitioner contested his retirement at 58 years, arguing the superannuation age was 60 years – Supreme Court found that under amended Rule 20 of the 2003 Rules, the High Court retained discretion to assess the utility of judicial officers up to 60 years – The High Court’s evaluation, based on the officer's service record and performance, did not warrant extension [Paras 7-10].

Judicial Review – Evaluation of Continued Utility – The Court upheld the High Court's assessment procedure for extending service beyond 58 years as per Rule 20(B)(I) – Found no legal flaw in the High Court’s decision to deny the petitioner’s service extension based on his past service records and performance evaluations [Paras 10-11].

Decision:

Writ Petition Dismissed – The Court found no merit in the petitioner's claims regarding promotion and retirement age extension – All retiral benefits, including accumulated pension, confirmed as paid to the petitioner – Interlocutory applications dismissed – No costs [Paras 11-13].

Lease Termination – Nazul Land – The appeal concerns the GDA's termination of the lease granted to Cine Exhibitors P. Ltd. for constructing a cinema hall – Supreme Court held that since the land was nazul land meant for the Public Works Department and was never transferred to the GDA, the GDA had no authority to lease it – Thus, the lease was void ab initio [Paras 10-11, 20-21].

Doctrine of Promissory Estoppel – Applicability – The Court found that the doctrine of promissory estoppel cannot be invoked to validate an illegal or unauthorized act by a public authority – GDA’s lack of authority to lease the land nullified any claims based on estoppel by the Respondent [Paras 10-11].

Public Policy – The Supreme Court invoked the common law doctrine of public policy, emphasizing that actions affecting public interest or involving public property must comply with legal procedures and authority – The unauthorized lease by GDA was against public interest and thus void [Paras 21-22].

Decision:

Appeals Allowed – High Court's orders in the writ appeal and review application set aside – State Government and its functionaries permitted to proceed with eviction of the Respondent – Respondent may seek other reliefs via arbitration against GDA as advised in law – No order as to costs [Paras 23].

Right to Fair Trial – Legal Representation – CrPC Section 304 – The appellant, an illiterate foreign national, was convicted and sentenced to death without being adequately represented by counsel throughout the trial – Supreme Court held that the failure to provide effective legal assistance constituted a violation of the appellant's right to a fair trial under Articles 21 and 22 of the Constitution of India – Emphasized the mandatory duty of the court to appoint counsel for indigent accused at all stages of the trial [Paras 4-7, 9, 11-12].

Denial of Legal Aid – Impact on Trial – The trial court’s failure to appoint a counsel for the appellant during critical stages of the trial led to the recording of evidence of 56 out of 65 prosecution witnesses without cross-examination – Supreme Court noted that cross-examination is essential for testing the veracity of witness statements and ensuring a fair trial – The absence of effective legal representation resulted in a miscarriage of justice, necessitating a retrial [Paras 8-10, 18, 21].

International and Constitutional Guarantees – The Court referred to international covenants and constitutional provisions guaranteeing the right to legal aid and a fair trial – Highlighted that providing legal aid is not merely a formality but a substantive right integral to the administration of justice – Cited various precedents underscoring the necessity of legal representation for indigent accused to uphold the principles of natural justice and due process [Paras 12-15, 24-31].

Decision:

Appeal Allowed – Conviction and sentence set aside – Case remanded to the trial court for fresh disposal with a direction to appoint a competent counsel for the appellant from the commencement of the trial – Trial to be concluded within three months – No costs [Paras 20-23, 32].