Criminal Law

NDPS Act | IO's Oral Apprehension Of Seized Items Being Drug-Sale Proceeds No Ground To Withhold Them: Allahabad High Court
The Allahabad High Court has held that merely on the basis of the investigating agency's oral apprehension that articles recovered from an accused's personal search could be proceeds of illegal narcotics sale, the accused cannot be deprived of their use.A bench of Justice Dr. Gautam Chowdhary observed thus while setting aside an order of the Varanasi trial court refusing to release gold...

Night-Time NDPS Search Without Warrant Valid Where Urgent Action Justifies Delayed Section 42 Compliance: Rajasthan High Court
While rejecting a bail application in an NDPS matter, Rajasthan High Court affirmed that compliance under Section 42 of the NDPS Act (“Act”), may be postponed for a reasonable period, where the information was received by the police office while being on patrol duty or otherwise on move, and immediate action was called for. Section 42 of the Act lays down process to conduct search...

Mere Lodging Of Cruelty FIR Against Husband Doesn't Itself Amount To Cruelty, Not Ground For Divorce: Telangana High Court
The Telangana High Court has held that mere lodging of a complaint against a husband and his family under Section 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act does not amount to cruelty and cannot, by itself, constitute a ground for divorce. [2026 LiveLaw (AP) 146]The Court further held that neither the Family Court nor the High Court can dissolve a marriage on the ground...

HP High Court Quashes Case Against Woman Accused Of Disrupting Court, Says SDM Could Not Directly Lodge Police Complaint
The Himachal Pradesh High Court has quashed criminal proceedings against a woman accused of disrupting court proceedings, holding that the Sub-Divisional Magistrate who was presiding over the court at the time could not have directly approached the police.The Court held that under Section 215 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the complaint was required to be made in writing to...

Supreme Court Explains Procedure For Disposal Of Vehicles Seized Under NDPS Act; Says Notice To Owner Mandatory
The Drug Disposal Committee must issue notice to the owner before putting the vehicle for public auction.

Promise To Marry Not Deceitful If Man Intended To Marry But Woman's Mother Refused: Karnataka High Court Grants Bail
Granting bail to man booked in a rape case, the Karnataka High Court observed that when a man who promises marriage subsequently approaches the woman's family seeking approval and where her mother refuses the proposal then it cannot be said that the man had no intention to fulfill the promise.The single judge bench of Justice S Vishwajith Shetty noted that the victim herself, in her...

Meghalaya High Court Rejects Bail To Man Accused Of Sexually Assaulting Minor, Says He Betrayed Child's Trust
The Meghalaya High Court has refused to grant bail to a man accused of sexually assaulting and molesting a minor at a children's home, observing that the accused had allegedly betrayed the trust reposed in him by the children, who regarded him as a grandfather. The Court noted that the material on record prima facie indicated that he had taken advantage of the child's vulnerability....

S. 118 BSA | Allahabad High Court Seeks Inquiry Against Judge For Granting Bail To Husband Ignoring Dowry Death Presumption
The Allahabad High Court on Tuesday recommended an inquiry against a Judicial Officer who granted bail to a husband in a dowry death case, ignoring sufficient material against him as well as the presumption under Section 118 of the Bharatiya Sakshya Adhiniyam (BSA). For context, Section 118 BSA provides a statutory presumption in dowry death cases. It says that where a woman dies...

Bombay High Court Quashes ₹100 Crore Freezing Of Coda Payments Accounts, Says PMLA Authority Failed To Record Mandatory Findings
The Bombay High Court has set aside the freezing of the bank accounts and payment aggregator/payment gateway accounts of Coda Payments India Pvt. Ltd., amounting to approximately ₹100 crores, holding that the Adjudicating Authority failed to record the mandatory finding under Section 8(2) of the Prevention of Money Laundering Act, 2002 (PMLA). The Court further held that where the...

S. 362 CrPC Does Not Curtail High Court's Inherent Power To Recall Judgment Resulting In Miscarriage Of Justice: Supreme Court
The Supreme Court has held that Section 362 of the Code of Criminal Procedure (CrPC), which generally bars criminal courts from altering or reviewing a judgment after it has been signed, does not obliterate the High Court's inherent jurisdiction to recall an order or judgment when allowing it to stand would result in a miscarriage of justice.The Court made the observation while allowing...

Gujarat High Court Quashes POCSO FIR Over Alleged Recording Of Minor In Changing Room, Directs Community Service For Accused
The Gujarat High Court quashed a POCSO FIR lodged against a man booked for video recording a minor girl while she was inside a changing room, while directing him to do one month community service at a hospital as well as deposit Rs. 50,000 with a children's home. [2026 LiveLaw (Guj) 236]After taking note of submissions by the parties, Justice MK Thakker in her order directed:"...this Court is...

Odisha Court Upholds Dismissal Of Complaint Against Ex-CM Naveen Patnaik & Former Secretary Over 'Misuse Of Public Funds' For Helicopter Trips
An Odisha Court upheld a magistrate's order dismissing a case against former CM and Biju Janata Dal (BJD) Supremo Naveen Patnaik and his then Private Secretary as well as '5T' Secretary V. Karthikeyan Pandian over alleged 300+ helicopter trips to different districts for meetings and campaigns, without sanction of funds from the government exchequer.While deciding the revision petition,...
