Wrong Batch Numbers On Liquor Bottles Due To Labelling Error Can't Attract Illegal Transport Charge Under Excise Act: HP High Court

The Himachal Pradesh High Court has quashed criminal proceedings against the proprietor of a liquor bottling unit accused of illegally transporting Indian Made Foreign Liquor (IMFL), holding that transportation of 400 cases under a valid permit could not attract prosecution under Section 39 of the Himachal Pradesh Excise Act merely because some bottles bore incorrect batch numbers due to...

'Prescribed Banned Compound To Children': MP High Court Denies Bail To Doctor Booked In Coldrif Cough Syrup Death Case

The Madhya Pradesh High Court denied bail to a Doctor, booked in a case involving the deaths of several children allegedly linked to adulterated cough syrup.The bench of Justice Pramod Kumar Agarwal observed; "the applicant who is the Child Specialist Doctor has prescribed the fixed dose compound to the children below the age of 4 years which was banned by the circular issued by the Government...

Rajasthan High Court Partly Allows Accused's Plea To Summon Document On POCSO Victim's Age, Says No Delay In Filing S.91 CrPC Plea

Rajasthan High Court has partly allowed a POCSO accused's plea challenging a trial court order which had rejected his application under Section 91 CrPC seeking production of the complainant's admission ticket issued by the Community Health Centre to determine her age. The trial court rejected the application on the ground that the cross-examination with regard to the age of the victim has...

Preliminary Assessment Or Problematic Estimation: Section 15 of Juvenile Justice (Care and Protection Of Children) Act, 2015

Seventy nine percent of juveniles in conflict with law apprehended in the year 2023 were in the age group of 16 years to 18 years[1]. This age bracket among the juveniles in conflict with law gains relevance not only due to overarching societal impact of the increased interaction of children with criminal justice system, but also due to the legal dichotomy laid down in The Juvenile Justice (Care and Protection of Children) Act, 2015, wherein juveniles belonging to the age group of 16-18 years...

Potency Test Conducted On POCSO Accused Without Consent Does Not Violate Right To Privacy Or Bodily Integrity : Kerala High Court

The Kerala High Court recently observed that potency test can be conducted on a man, who is accused in a criminal case, without his consent and it is not violative of Article 21 of the Constitution of India.Justice A. Badharudeen rejected the ground raised that the potency test conducted without informed consent violated his right to privacy and bodily integrity guaranteed under Article 21....

'Loyalty Towards Rulers, Not Constitution; Rule Of Law Treated As Inconvenience': Allahabad HC Tears Into UP Police, Bureaucracy

In the third such order passed this week, which contains strong observations on the state of affairs in the Uttar Pradesh bureaucracy, the Allahabad High Court once again delivered a damning indictment of the State's administrative machinery.A bench of Justice Diwakar also stated that officers, including police officials, are loyal to the ruling dispensation rather than to the Constitution....

'Encounter Killings, Selective Crackdowns': Allahabad HC Slams UP Police Over Targeted Actions; Flags Misuse Of Gangsters Act

While quashing criminal proceedings initiated against 3 family members over a civil dispute, the Allahabad High Court on Wednesday delivered a scathing reprimand to the Uttar Pradesh Police for the targeted use of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.A bench of Justice Vinod Diwakar also flagged how the encounter killings and selective crackdowns...

Franchise Dispute Cannot Be Given Criminal Colour; Madras High Court Quashes FIR Against 5K Car Care Owner

The Madras High Court recently quashed an FIR registered against the owner of 5K Car Care, holding that a dispute arising out of a franchise arrangement was purely commercial in nature and did not attract criminal liability.Justice G.K. Ilanthiraiyan was dealing with a petition filed under Section 482 CrPC seeking quashing of an FIR registered for offences under Sections 406, 420 and 506(2) IPC. The complainant had obtained franchise rights to operate a 5K Car Care outlet at Madhavaram, Chennai,...

Executive Magistrate Can Order Removal Of Obstruction From Long-Used Village Path Without Deciding Title Dispute: HP High Court

The Himachal Pradesh High Court has upheld an order passed by the Sub-Divisional Magistrate (SDM), Kalpa, directing removal of an obstruction from a pathway allegedly used by villagers for decades, holding that the Magistrate had merely protected an existing right of user under Section 147 of the Code of Criminal Procedure and had not adjudicated any question of ownership.The Court observed...

NDPS Act| Vehicles Turn To Junk, Value Goes Down The Drain: P&H High Court Slams Idle Confiscation, Orders Release

The Punjab and Haryana High Court has ordered the release of a truck seized in an NDPS case on financial bonds, emphasizing that keeping vehicles idle for prolonged periods leads to deterioration, economic loss, and serves no useful purpose.Justice Anoop Chitkara and Justice Sukhvinder Kaur said, "...when any confiscated vehicle is kept out of use by placing it in a parking lot, it serves...

Madras High Court Upholds POCSO Conviction Relying On Child's DNA Report Despite Survivor Turning Hostile; Modifies Sentence To 20 Yrs

The Madras High Court has upheld the conviction of a man under POCSO Act for sexually assaulting a minor girl ultimately leading to pregnancy and wherein the trial court had relied on the child's DNA report to substantiate offence of penetrative sexual assault. The appellant claimed that neither the girl nor her parents supported the prosecution's case and the trial court had convicted...

Approaching DGP Instead Of Officer-In-Charge Of Police Station Does Not Satisfy Section 154 CrPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has quashed an FIR and a Magistrate's order passed under Section 156(3) CrPC, holding that a complainant cannot directly approach the Magistrate without first complying with the mandatory requirement under Section 154(1) CrPC of furnishing information to the officer-in-charge of the concerned police station.A Single Judge Bench of Justice Rakesh Kainthla...