A. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail Application—Accused apprehended for possession of an intermediate quantity of heroin—Trial underway with partial evidence recorded—Court weighs statutory provisions, individual liberty, and public interest—No undue trial delay found. (Paras 15, 18, 19) B. Bail Principles—While Section 37 imposes restrictions on bail in NDPS cases, its criteria such as reasonable belief in innocence and risk of further offences inform the general bail framework; “bail, not jail” remains the guiding maxim unless statutory exceptions apply. (Paras 15, 16) C. Bail Denial—Petition for bail rejected after more than ten months in custody, trial in progress—Court highlights accused’s multiple pending NDPS cases and ...

A. Constitution of India, 1950—Article 136—Supreme Court Jurisdiction—Interference with High Court Order—The High Court correctly held that the disaffiliation was arbitrary and violated principles of natural justice; Supreme Court sets aside the order and directs reconsideration with a fair hearing. (Para 16) B. Constitution of India, 1950—Article 226—Writ Jurisdiction—Applicability to Private Entities—Indian Golf Union (IGU), though a private society, exercises public functions such as team selection and international representation; recognized as National Sports Federation by Government; its disaffiliation decisions impact public interest in sport and are thus amenable to writ jurisdiction. (Paras 11, 12) C. Constitution of India, 1950—Article 226—Availability of Writ Des...

Customs Act, 1962—Sections 124, 110A, and 130—Liability for Unauthorized Disposal of Seized Goods—Right to Compensation—When a government authority seizes goods and subsequently disposes of them without informing the owner, despite a release order being affirmed up to the Supreme Court, it is liable to compensate the owner for the resulting loss—The power to seize goods under Sections 110A and 124 of the Customs Act, 1962, does not extend to their disposal in contravention of judicial directives—In the present case, Customs authorities seized a consignment of betel nuts, alleging illegal importation—The CESTAT ordered their release, and this order was affirmed by the High Court and the Supreme Court—However, despite these binding rulings, Customs officials disposed of the goods without infor...

Meghalaya School Education Act, 1981—Sections 20—The High Court dismissed two writ petitions concerning the management of Mawrapad L.P. and U.P. Schools, affirming that these schools were established by the village Dorbar and should be managed by the community through duly constituted Managing Committees—The Court rejected claims of private ownership, stating that such assertions were unsubstantiated—It directed that the schools' management should remain under the control of the community, with the Sub-Divisional School Education Officer overseeing the administration until an approved Managing Committee is in place—This ruling emphasizes the importance of community governance in the management of schools established by village communities, as per the provisions of the Meghalaya School Education Act, 1981....

Land Acquisition Act, 1894—Sections 9, 11, 18—In appeals concerning land acquisition compensation under the Land Acquisition Act, 1894, issues such as market value determination, solatium, interest, admissibility of unregistered sale deeds, and the jurisdiction of the reference court are addressed—In this case, the High Court disposed of multiple appeals and a cross-appeal related to compensation enhancement for land acquired for a national highway project—The court upheld the Reference Court’s decision to award a uniform rate of compensation, citing the lack of evidence provided by the Collector—The court modified the grant of interest and solatium but dismissed objections regarding the admissibility of unregistered sale deeds and the reference court's jurisdiction—The matter was remanded for...

The petitioner, an accused in Special (POCSO) Case No. 16 of 2023, seeks bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, and Section 31 of the POCSO Act, 2012, on two grounds—Firstly, the petitioner suffers from serious ailments, including ear problems affecting his hearing, requiring medical treatment and surgery, as per the doctor's recommendation—Secondly, the trial is at the stage of evidence recording, with the petitioner already in custody for over two years—The State conceded to the bail request, agreeing to strict conditions—The Court, while acknowledging the seriousness of the offense, granted bail, considering the medical condition and delay in the trial—The petitioner was directed to appear before the court when required, not tamper with evidence, avoid contact wi...

Narcotic Drugs and Psychotropic Substances Act, 1985—21(b), 29—Bail—Conscious Possession and Prima Facie Evidence — The applicant sought bail under Section 483 of the BNSS read with Section 37 of the NDPS Act for the accused, Shri Siraj Ali, charged under Sections 21(b)/29 NDPS Act in Crl. NDPS Case No. 26 of 2024—The accused was arrested after heroin (79.81 grams) was found under his bus seat, allegedly in his conscious possession—The defense argued the accused was a mere passenger unaware of the contraband, citing Avtar Singh v. State of Punjab, where mere proximity to contraband did not imply possession—The prosecution opposed bail, citing the serious nature of drug offenses and previous bail denials—The court noted the seriousness of the offense and the necessity for trial to determine p...

Constitution of India, 1950—Article 226—Writ Jurisdiction—Khasi Hills Autonomous District (Administration of Elaka) Act, 1991—Section 3—Public Hearing and Creation of New Village—The petitioners, Headmen of Laitumkhrah Dorbar Shnong Pyllun, challenged communications from the Khasi Hills Autonomous District Council (KHADC) and the Syiem of Mylliem regarding a public hearing for uplifting Nongrimbah locality to village status, despite a pending Political Appeal on the same issue—The Court noted that KHADC bypassed due process by proceeding with the public hearing while the Political Appeal was sub-judice—Although the Court declined to stay the hearing as it had likely concluded, it directed that any resulting report from the hearing should not be considered until the writ petition is resolved&...

Code of Criminal Procedure, 1973 (Cr.P.C.) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the Supreme Court addressed the applicability of procedural laws to ongoing and new proceedings—Section 531(2)(a) of BNSS stipulates that proceedings pending as of 01.07.2024, including appeals, trials, and investigations, must continue under the Cr.P.C. 1973—This provision ensures that ongoing matters are not disrupted by the transition to BNSS—Conversely, new proceedings initiated after 01.07.2024 must be conducted under BNSS—The Court’s ruling aligns with decisions from various High Courts, affirming that while the Cr.P.C. governs pending cases, the BNSS applies to cases filed post-commencement—This approach facilitates a seamless transition between the procedural regimes while providing clarity on the ...

Penal Code, 1860 (IPC)—Sections 419,420—Seeking quashing of FIR No. 46 of 2013 and chargesheet No. 4/2017, the petitioner challenged the criminal proceedings related to charges under Section 66D of the Information Technology Act and Sections 419, 420, 465, 468 read with Section 34 IPC—The complaint, lodged by the Chancellor of Techno Global University, alleged a racket involving forgery and sale of fake marksheets through a fraudulent website—The petitioner, a foreign national, contended that she was not specifically named in the complaint and had no involvement in the alleged crime—The petitioner relied on reports showing no direct wrongdoing on her part—However, the counter-argument established that the charge-sheet identified her involvement and use of her bank account for transactions linked to the ...