A. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 27-A—Financing Illicit Traffic—Offence of financing illicit traffic requires proof that the accused directly or indirectly provided funds to facilitate activities relating to illicit drug trafficking as defined under Section 2(viii-b) of the Act—Mere investment of one’s own money in a transaction does not automatically constitute “financing” under Section 27-A. [Paras 6–10] B. Recovery of Money—Drug Proceeds—Money recovered along with contraband cannot be presumed to be “drug money” or proceeds of narcotic trade unless the prosecution establishes a clear nexus showing that such funds were used to finance illicit trafficking. [Paras 11–16] C. Nature of Financing Activity—The expression &l...

Electricity Act, 2003—S. 164—Telegraph Act, 1885—S. 16(3)—Compensation—Revisional jurisdiction—In proceedings for determination of compensation under Section 16(3) of the Indian Telegraph Act, 1885, as applicable by virtue of Section 164 of the Electricity Act, 2003, the jurisdiction of the District Judge is confined to assessing actual damage caused, including loss of trees and diminution of land use—Compensation awarded towards speculative or notional loss of income from prospective commercial exploitation of land falls outside the permissible scope of such jurisdiction and is liable to be interfered with—The supervisory power of the High Court under Article 227 of the Constitution is limited and can be exercised only in cases of patent perversity, gross miscarriage of justice, or flagrant...

University Grants Commission (UGC) Regulations, 2018—Appointment of Assistant Professor—Eligibility—M.Ed. Qualification—Ph.D.—Academic Performance Index (API)—Challenge to Selection—Constitution of India, 1950, Article 141. An M.Ed. degree is equivalent to M.A. (Education) for the purpose of appointment as Assistant Professor (Education), as interpreted by the Supreme Court in Anand Yadav and recognized by UGC and NCTE. A candidate possessing M.Ed. and Ph.D. in another discipline (here, Political Science) is eligible, and the award of 25 Ph.D. marks in API is valid when the advertisement did not mandate a Ph.D. specifically in Education—Selection process challenges by other candidates who did not object to API scoring during the prescribed period are untenable—High Courts and Single Ju...

Acquittal set aside. Negotiable Instruments Act, 1881, Section 138—Appeal to impugn Acquittal—Additional evidence allowed to be produced—Case remanded for fresh decision. (Para 27) Result :- Appeal allowed. ...

Protection of Child from Sexual Offences Act, 2012—Section 4(2)—Penal Code, 1860—Section 376(2)(j)—Criminal Procedure Code, 1973—Section 374 and 164(5)—Offence of rape—Appeal against conviction—Medical evidence presented by the prosecution failed to substantiate the alleged sexual intercourse between the prosecutrix and the accused—Notably, no injuries were found on the private parts of the prosecutrix, and the torn hymen was determined to be of an old nature—Modi's Medical Jurisprudence and Toxicology, which indicates that the presence of spermatozoa in the vagina can be detected from 30 minutes to 17 days post—intercourse—Additionally, there was a significant inconsistency between the statements of the mother, who is the complainant, and the father of the prosec...

Bharatiya Nagarik Suraksha Sanhita, 2023—Section 482—Bharatiya Nyaya Sanhita, 2023—Sections 96 and 49—Scope of Anticipatory Bail—The High Court examined the scope of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) concerning anticipatory bail, recognizing it as an extraordinary discretionary relief that must be exercised with caution—It was held that anticipatory bail under the new legal framework can still be granted in exceptional and extreme circumstances, even after the issuance of an arrest warrant, provided there are substantial grounds to believe that the accused is falsely implicated, will not misuse their liberty, and where refusal to grant relief may lead to a miscarriage of justice—The court further examined Sections 96 and 49 of the Bharatiya Nyaya Sanhita, 2023 (BNS...

Penal Code, 1860 (IPC)—Sections 319—Evidentiary Requirements and Sentencing in Cases of Voluntarily Causing Hurt—Under Section 323 read with Section 34 of the Penal Code, 1860, causing hurt does not mandatorily require the production of an injury report if the fact of bodily pain or hurt is otherwise established through credible evidence—The testimony of the victim and corroborative evidence from witnesses can be sufficient to sustain a conviction—In an appeal under Section 372 CrPC, the victim challenged the inadequacy of the modified sentence for voluntarily causing hurt—The High Court upheld the appellate court’s decision, affirming the conviction despite the absence of a formal injury report—The court reasoned that while medical evidence strengthens the prosecution’s case, its abse...

Civil Procedure Code, 1908—Order 8 Rule 3 and Section 151—Court Fees Act, 1870—Section 13—Erroneous Interpretation of Pleadings and Failure to Consider Evidence—Remand for Fresh Decision—The appeal arose from a money decree passed by the trial court, which was challenged on the grounds of misinterpretation of pleadings and improper appreciation of evidence—The appellant contended that the trial court had erroneously construed the denial in the written statement under Order 8 Rule 3 CPC, leading to a flawed conclusion regarding liability—The High Court examined whether the trial court had properly considered all material evidence, particularly documentary evidence, before rendering its judgment—It was observed that the trial court had failed to mark certain exhibits and did not fully as...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 36-A(4)—NDPS Act—Section 36-A(4)—Default Bail—Extension of Detention—Public Prosecutor’s Report—Scope and Conditions—The High Court, in a writ petition concerning the extension of detention under Section 36-A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985, held that the statutory right to default bail on non-completion of investigation within 180 days is inchoate and does not crystallize until the accused applies for it—If, before such application, a report by the Public Prosecutor is filed seeking an extension of time, the right to default bail stands extinguished—However, for such extension to be valid, the Special Court must apply its mind and pass a reasoned order in accordance with the twin re...

Limitation Act, 1963—Section 17—Registration Act, 1908—Section 87—Civil Procedure—Res Judicata—Validity of Sale Deeds—Procedural Irregularities in Registration—Effect of Prior Litigation—The High Court dismissed a regular second appeal challenging the concurrent findings of the trial and first appellate courts, which had dismissed a suit seeking cancellation of registered sale deeds on grounds of fraud—The Court upheld that the suit was barred by the principle of res judicata under Section 11 of the Civil Procedure Code, 1908, as a previous suit filed by the plaintiffs’ predecessor involving the same sale deeds and parties had been finally adjudicated—The Court further clarified that procedural defects or irregularities in registration under the Registration Act, 1908...