NDPS Act | No 'Commercial Quantity' In Poppy Cultivation: P&H High Court Calls 20-Year NDPS Sentence 'Patently Illegal'

The Punjab & Haryana High Court has held that a trial court committed a “patent illegality” by sentencing an accused to 20 years' rigorous imprisonment under Section 18(b) of the NDPS Act in a case involving cultivation of opium poppy plants, observing that cultivation of poppy plants cannot be treated as involving “commercial quantity”.For context, Section 18 (b)...

'Calls Into Question Its Very Existence': Allahabad HC Raps NHRC For Closing Custodial Death Case Relying Only On Police Version

Observing that a 16-year-old custodial death case of a disabled man discloses severe "institutional failures", the Allahabad High Court on Monday rebuked the National Human Rights Commission (NHRC) & UP Police and admitted HC's own procedural delay in unearthing the truth of the case. In its 16-page order, the Court severely criticised the NHRC for closing the 2009 case by...

Police Torturing Relatives Of Accused Is A 'Colonial Practice', Violates Article 21: Allahabad High Court

The Allahabad High Court has observed that the Police's act of torturing or harassing the relatives of an accused is a 'colonial practice' which is violative of the right to life and personal liberty guaranteed under Article 21 of the Constitution of India.A bench of Justice JJ Munir and Justice Tarun Saxena added that in contemporary times, the police have scientific methods to locate...

S.138 NI Act | Power Of Attorney Holder's Incompetence To File Complaint No Ground To Assail Conviction At Revision Stage: Kerala High Court

The Kerala High Court recently held that power of attorney holder's incompetence to institute a complaint alleging commission of offence under Section 138 of the Negotiable Instruments Act cannot be raised as a ground to assail conviction at the stage of revision, if not raised earlier.Justice G. Girish referred to Section 465 of the Code of Criminal Procedure, which provides when the finding...

PIL In Delhi High Court Seeks To Disqualify Arvind Kejriwal, Manish Sisodia From Contesting Polls Over Boycott Of Justice SK Sharma's Court

A PIL has been filed before the Delhi High Court seeking disqualification of AAP leaders Arvind Kejriwal, Manish Sisodia and Durgesh Pathak from contesting any elections over their refusal to participate in proceedings before Justice Swarana Kanta Sharma in the Delhi excise policy case as well as for reportedly scandalising her on social media. Filed by one Satish Kumar Aggarwal, the plea...

Structure Raised By Purchaser On Migrant Land Cannot By Itself Stall Sale Deed Registration: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the existence of a structure raised by the purchaser in good faith on land proposed to be purchased from a migrant owner cannot, by itself, be a ground to indefinitely withhold registration of the sale deed if the structure does not belong to the vendor.The Court was hearing a writ petition filed under Article 226 of the...

MP High Court Awards ₹10 Lakh Compensation To Businessman Detained For 57 Days Over Spices Mistaken For Narcotics

The Madhya Pradesh High Court has directed the State to pay ₹10 Lakh in compensation to a businessman who was detained for 57 days after airport security equipment mistakenly identified his packets of branded Aamchur and Garam Masala powders as containing heroin and MDEA. The bench of Justice Deepak Khot observed; "...because of the lethargy and not having the standard laboratories in...

Karnataka High Court Stays FIR Against Amazon Over Alleged Counterfeit Sale Of Late Journalist Ravi Belagere's Novel

The Karnataka High Court in an interim order on Tuesday (May 19) stayed further proceedings in an FIR lodged against Amazon Seller Services Private Limited over the alleged sale of pirated copies of late journalist Ravi Belagere's novel, 'Heli Hogu Kaarana', by unauthorised sellers using the platform. The court was considering Amazon Seller Services' plea seeking to quash the FIR, wherein...

Kerala High Court Takes Suo Motu Cognisance Of Mundathikode Fireworks Accident, Issues Notice To Devaswom Committees

The Kerala High Court on Tuesday (19 May) initiated suo motu proceedings over Mundathikode fireworks accident which claimed 17 lives. Mundathikode Fireworks accident occurred on April 21 at a firework unit at Mundathikode, which is situated about 16 km from Thirssur. The unit was preparing materials for the Thrissur Pooram. The division bench comprising Chief Justice Soumen Sen and Justice...

Karnataka High Court Stays FSSAI Advisory Restricting Use Of Ashwagandha Leaves In Health Supplements

The Karnataka High Court has stayed the operation of a Food Safety & Standards Authority of India (FSSAI) advisory arising from a directive issued by Ministry of AYUSH, prohibiting use of Ashwagandha (Withania Somnifera) leaves & its extract in manufacture of health supplements and Nutraceuticals.The advisory meanwhile permits the use of Ashwagandha roots and root...

State's Duty Doesn't End With Prosecuting Offender: Allahabad HC Summons UP Officials Over Lack Of Acid Attack Survivor Rehab Policy

The Allahabad High Court recently expressed its strong displeasure over the State authorities treating acid attack matters "lightly and casually" and for not framing a comprehensive policy for the compensation, rehabilitation and long-term support of acid attack survivors. A bench of Justice Saral Srivastava and Justice Garima Prashad took strong exception to the UP Government's...

AP High Court Denies Bail To Navy Sailor Accused Of Sharing Sensitive Information With Pakistani Agent, Cites National Security Concerns

The Andhra Pradesh High Court has refused bail to an Indian Navy sailor booked under UAPA accused of sharing confidential information on Indian Naval ships and submarines with a suspected Pakistani intelligence agent, observing that the allegations pertains to matters affecting “national security of the country.”A Division Bench comprising Justice K Suresh Reddy and Justice Tuhin Kumar...