Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 14 - April 20, 2025

Nominal Index:Abdul Hamid vs UT OF J&K 2025 LiveLaw (JKL) 147Abdul Hamid vs Union of India and Anr 2025 LiveLaw (JKL) 148State of Jammu and Kashmir vs Gurmeet Singh and Anr 2025 LiveLaw (JKL) 149Mohd Ismail Koka Vs State of J&K 2025 LiveLaw (JKL) 150Vishal Verma vs Union of India 2025 LiveLaw (JKL) 151Judgments/Orders: Contraband Recovered Individually From Accused Persons Travelling Together Has To Be Considered Separately At Stage Of Bail: J&K High CourtCase Title: Abdul Hamid vs UT OF J&KCitation: 2025 LiveLaw (JKL) 147The Jammu and Kashmir High Court held that contraband recovered from accused persons individually, even when they are travelling together, has to be considered separately for each accused for the purpose for the bail.A bench of Justice Sindhu Sharma held that the recovery of contraband was to be considered individually and on doing so same did not constitute a commercial quantity and therefore the consideration of the bail will be governed by the section 437 CRPC and not under section 37 of the NDPS Act.'No Objection' For Issuance Of Passport To Accused Can Only Be Granted By Court Before Which Criminal Proceedings Are Pending: J&K High CourtCase Title: Abdul Hamid vs Union of India and AnrCitation: 2025 LiveLaw (JKL) 148The Jammu and Kashmir High Court held that the person against whom the criminal proceedings are pending can be granted passport if the concerned criminal court grants the 'no-objection' for the issuance of the passport as per the provisions of the act.A bench of Justice Sanjay Dhar held that the pendency of the criminal case can form the basis for rejecting the issuance/renewal of passport but if the concerned court before which the proceedings are pending gives it the nod and grants no objection to the accused, the same can be issued/renewed by the passport office.Failure To Show Safe Custody Of Seized Contraband & Existing Contradictions In Evidence Sufficient To Acquit Accused In NDPS Case: J&K High CourtCase Title: State of Jammu and Kashmir vs Gurmeet Singh and AnrCitation: 2025 LiveLaw (JKL) 149Acquitting the accused persons under section 8/15 of the NDPS Act the Jammu and Kashmir High Court held that failure to show safe-custody of the contraband seized, inability to record statements of crucial witnesses and contradictions in the statements of the witnesses shows that prosecution miserably failed to prove its case beyond reasonable doubt.J&K High Court Quashes FIR In Matrimonial Dispute Citing Mutual Settlement, Says S. 528 BNSS Overrides S. 359Case Title: Mohd Ismail Koka Vs State of J&KCitation: 2025 LiveLaw (JKL) 150The Jammu and Kashmir and Ladakh High Court, while invoking its inherent powers under Section 528 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) has held that the provision has an overriding effect and is not to be read as subject to Section 359 of the BNSS (corresponding to Section 320 of the CrPC).Justice Mohammad Yousuf Wani thus quashed an FIR registered under Sections 452 (trespass) and 376B (marital rape) of the IPC, emphasizing that the extraordinary powers under Section 528 can be exercised to secure the ends of justice, especially in matrimonial disputes where parties have amicably settled.Contractors Are Liable To Pay GST At Rate Prevalent On Day Of Receipt Of Tender, Not When Work Is Allotted: J&K High CourtCase-Title: Vishal Verma vs Union of IndiaCitation: 2025 LiveLaw (JKL) 151The Jammu and Kashmir High Court held that the contractors were liable to pay GST at a rate prevalent on the last day for the submission of the tenders and not when the work was allocated as the same was clear from the Special Condition No.49 existing in the contract agreement.A bench of Justices Sanjeev Kumar, Justice Puneet Gupta observed that the review petitioner being a contracting party was bound by the terms of the contract which provides that tax rates as prevailing on the last due date for receipt of tenders will be applicable and in the absence of any challenge to above provision at any point of time the arguments presented were unsustainable.

Jammu & Kashmir And Ladakh High Court Weekly Roundup: April 14 - April 20, 2025

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