Administrative Law – Judicial Review – Scope and Limitations – Court highlighted the parameters for judicial review of administrative or executive actions, emphasizing that interference is warranted only in cases of manifest error, arbitrariness, or procedural impropriety – Judicial review does not extend to re-appreciation of evidence or substitution of administrative decisions unless they are perverse or irrational [Paras 13-17].

Proportionality of Punishment – Court examined the charges proved against the appellant and the corresponding punishment – Charges related to administrative lapses, not severe misconduct – Punishment of compulsory retirement deemed disproportionate to the proven delinquency – Appropriate punishment of withholding two increments for one year without cumulative effect suggested [Paras 18-26].

Contempt Proceedings – Alleged Violation of Court Orders – Court considered whether respondents wilfully violated previous court orders regarding the non-implementation of the punishment order – Decided not to proceed with contempt petitions in light of the case's resolution [Para 26].

Decision – Appeals Allowed – Punishment of compulsory retirement set aside – Substituted with the punishment of withholding two increments for one year without cumulative effect – Contempt petitions disposed of [Para 26].

Criminal Law – Circumstantial Evidence – Conviction based on circumstantial evidence – Court emphasized the necessity of establishing a complete chain of evidence that leads to a singular conclusion of guilt, excluding any other hypothesis – False answers provided by the accused when confronted with incriminating circumstances strengthen the prosecution's case [Paras 10-14, 20-23].

Medical Evidence – Corroboration – Medical evidence corroborated the fact that the deceased died due to strangulation and also had a stab injury on the chest – The recovered weapon and other items matched the injuries found in the post-mortem report, linking the accused to the crime [Para 8-9, 20].

Discovery of Incriminating Items – Section 27 of the Evidence Act – Court held that the discovery of incriminating items based on the accused's information is admissible and reinforces the reliability of the prosecution's case – The doctrine of confirmation by subsequent events was applied [Paras 15-19].

False Information – Impact on Guilt – The appellant's false information to the police and subsequent disowning of the statement under Section 313 CrPC were considered additional links in the chain of evidence, pointing towards guilt [Paras 21-23].

Decision – Appeal Dismissed – Conviction and life sentence upheld – Prosecution successfully proved the guilt of the accused beyond reasonable doubt through a complete and conclusive chain of circumstantial evidence [Para 24-25].

Criminal Law – Conviction for Murder – Court upheld the conviction for the murder of the appellant's wife, relying on the dying declaration and corroborative circumstantial evidence – The evidence demonstrated the appellant's motive, opportunity, and actions leading to the crime, resulting in the life sentence being affirmed [Paras 10-14, 20-24].

Dying Declaration – Admissibility and Reliability – Court found the dying declaration recorded by the doctor admissible and reliable, noting that the declarant was in a fit state of mind – The declaration, along with medical and witness testimonies, formed a crucial part of the evidence [Paras 10-12].

Circumstantial Evidence – Chain of Evidence – Court emphasized the necessity of a complete and conclusive chain of circumstantial evidence leading to a singular conclusion of guilt – The appellant's actions, statements, and the discovery of relevant items supported the prosecution's case [Paras 13-14, 20-23].

False Information – Impact on Guilt – The appellant's false explanation about the cause of the burn injuries and his conduct post-incident were considered as additional evidence pointing towards his guilt [Paras 13-14].

Decision – Appeal Dismissed – Conviction and life sentence upheld – Prosecution successfully proved the guilt of the accused beyond reasonable doubt through a comprehensive chain of circumstantial evidence and the dying declaration [Para 15].

Narcotic Drugs and Psychotropic Substances Act, 1985 - Evidence of Police Officers: Conviction under the NDPS Act upheld despite the absence of independent witnesses. The Supreme Court affirmed that police officers' testimonies are reliable and unimpeachable in this case. There is no absolute rule against citing police officers as witnesses, and their evidence should not be treated with initial distrust. The court highlighted that public reluctance to testify does not inherently undermine the prosecution's case [Paras 1-15].

Compliance with Section 50 of NDPS Act: The search and seizure of 64 kg of poppy straw from bags, not the person of the appellant, did not necessitate compliance with Section 50, which mandates informing the accused of their right to be searched in presence of a Magistrate or gazetted officer. The court referenced prior rulings establishing that Section 50 does not apply to searches of items not on the person [Paras 7, 10, 13, 14, 15].

Res Judicata - Civil Procedure Code, 1908: The court reiterated the principle that res judicata applies only to issues directly and substantially in question in a previous suit and not to collateral or incidental issues. This principle ensures that previous findings in Small Causes Court cannot be used as res judicata in subsequent title suits [Para 7].

Jurisdiction of Small Causes Court: Small Causes Courts cannot adjudicate title issues, though they may address such matters incidentally. Findings from these courts on title issues cannot serve as res judicata in suits specifically addressing title [Paras 8, 9].

Decision: Appeal dismissed. The Supreme Court upheld the conviction and sentencing, emphasizing the reliability of the police officers' evidence and the non-applicability of Section 50 in the given circumstances.

Criminal Law - Appreciation of Evidence: The court must assess the credibility of witnesses and determine whether their depositions inspire confidence. Exaggerations and marginal variations in witness statements are not necessarily detrimental to the prosecution's case unless they materially affect the trial or the core of the prosecution's case [Para 7].

Dying Declarations - Admissibility and Reliability: Dying declarations need not be recorded by a Magistrate nor follow a specific format. The key requirement is that the person recording the declaration is satisfied with the declarant's mental fitness. The absence of a doctor's certification of fitness is not always necessary. The reliability of a dying declaration depends on the circumstances of each case and can be corroborated by other evidence [Paras 9-14].

Section 498-A and 302 IPC - Acquittal: The High Court's acquittal was based on the assumption that a person with 100% burns could not have given a dying declaration. However, the Supreme Court found no reason to doubt the reliability of the dying declarations recorded by the Executive Magistrate and Investigating Officer, noting that the skin on the deceased's thumb was intact enough for a thumb impression [Paras 24-28].

Decision: Appeal allowed. The judgment and order of the High Court acquitting the respondents are set aside. The conviction and sentence passed by the trial court are restored. The respondents are directed to surrender within four weeks, failing which the Chief Judicial Magistrate, Damoh, Madhya Pradesh, shall take them into custody to serve the remaining part of their sentence.

Penal Code, 1860 - Sections 365 and 376 read with Section 90 - Kidnapping and Rape: Conviction set aside as the physical relationship developed with the consent of the prosecutrix. The court found no evidence that the accused had no intention to marry the victim at the initial stage. Failure to keep a promise to marry does not always amount to a misconception of fact. The appellant was given the benefit of the doubt [Paras 14-25].

Penal Code, 1860 - Section 376 read with Section 90 - Consensual Intercourse: There is a distinction between rape and consensual sex. Consent may be coerced, misguided, or obtained through deceit. If consent is given under a misconception of fact, it is not considered valid. However, the court must determine if the accused's intention was mala fide and if he had made a false promise to marry [Paras 16-18].

Section 90 of the IPC - Misconception of Fact: For consent to be invalid under a misconception of fact, the misconception must be immediately relevant, and the accused must have knowledge or reason to believe that the consent was given under such misconception. The court must be assured that from the beginning, the accused never intended to marry the prosecutrix [Paras 19-21].

Decision: Appeal allowed. Conviction and sentences set aside. The appellant, who has already served more than three years, is entitled to the benefit of doubt. His bail bonds are discharged [Para 25].

Air Force Act, 1950 - Sections 39(a) and 161(1) - Court Martial - Detention: The period of imprisonment is to commence from the day the original proceedings were signed by the Presiding Officer. Pre-trial detention cannot be set off against the sentence of imprisonment passed by the court-martial and affirmed under Section 161(1) of the Act. Thus, there is no illegal detention warranting the issue of a writ of habeas corpus. The Union of India is directed to consider amending the Act to alleviate the hardships faced by those convicted by court-martial [Paras 10, 12, 16].

Commencement of Sentence: Section 164 of the Air Force Act specifies that the term of imprisonment starts on the day the original proceedings are signed by the Presiding Officer, not from the day of pre-trial custody [Para 9-10].

Comparison with Army Act and Navy Act: The Army Act, 1950, and the Navy Act, 1957, have provisions allowing the set-off of pre-trial detention against imprisonment terms. Similar provisions should be considered for the Air Force Act to prevent hardship to convicted individuals [Paras 14-16].

Decision: Writ petition disposed of with a recommendation to the Union of India to consider amending the Air Force Act, 1950, to address the issue of pre-trial detention being set off against imprisonment terms.

Madhya Pradesh Cooperative Societies Act, 1960 - Section 53(1) - Supersession of Board of Directors: The order of supersession dated 30.9.2011 was in clear violation of the second proviso to Section 53(1) of the Madhya Pradesh Cooperative Societies Act, 1960. The allegations in the show-cause notice related mostly to deficiencies in systems and procedures and were not severe enough to justify superseding a democratically elected Board of Directors. Both NABARD and RBI opined that the charges did not warrant such action. The High Court rightly exercised its jurisdiction under Article 226 of the Constitution [Paras 2, 22, 27].

Consultation with RBI: The second proviso to Section 53(1) mandates previous consultation with the Reserve Bank of India before superseding the Board of Directors of a Cooperative Bank. Merely forwarding the show-cause notice and related materials is insufficient. Effective consultation requires sharing the Board’s response to the allegations and the intended action of the Registrar [Paras 14-17].

Decision: Appeals dismissed. The High Court’s judgment setting aside the supersession order is upheld. The Board of Directors is to be reinstated to complete the period they were out of office. The State of Madhya Pradesh is directed to pay Rs. 100,000 to the Madhya Pradesh Legal Services Authority, and Rs. 10,000 is to be deducted from the salary of the Joint Registrar, Cooperative Societies, Sagar, and deposited in the Panna DCB [Paras 24, 34].

Narcotic Drugs & Psychotropic Substances Act, 1985 - Sections 18 and 50 - Seizure of Opium - Conviction: There is no absolute rule that police officers cannot be witnesses, and their testimony should not always be treated with suspicion. Public reluctance to testify does not inherently undermine the prosecution's case. The seizure from the tool box of the scooter means Section 50, concerning the right to be searched in presence of a Magistrate or gazetted officer, is not applicable. The 2001 amendment, defining commercial quantity, does not apply retroactively to cases pending in 1996. The non-production of the scooter does not affect the case when other evidence clearly establishes ownership and seizure [Paras 9, 10, 14, 15, 16].

Decision: Appeal dismissed. Conviction and sentence upheld. The appellate court confirmed the 10-year rigorous imprisonment and fine of Rs. 100,000, with an additional one-year imprisonment in default of payment [Para 16].