Phenothiazine & Promethazine Covered Under Drugs & Cosmetics Act, Not Narcotic Or Psychotropic Substance: Patna High Court Suspends Sentence

The Patna High Court suspended the sentence of three men convicted under the NDPS Act, after noting that the substances that were seized from them appeared to be Phenothiazine and Promethazine which did not come within the ambit of any narcotic drug and psychotropic substances. The three appellants had approached the high court seeking suspension of sentence of trial court order which...

S.107 CrPC Invocable Only For Threat To Public Peace, Not Over Individual Fear: Patna High Court Quashes Preventive Proceedings

The Patna High Court has held that proceedings under Section 107 CrPC can be initiated only where there are allegations of overt acts likely to lead to breach of public peace affecting the public at large, and not merely because some individuals claim to be living under fear due to threats.A Single Judge Bench of Justice Jitendra Kumar was hearing a criminal writ petition seeking quashing...

'Mandatory Tender Conditions Cannot Be Relaxed': Patna HC Sets Aside Technical Qualification Of Bidder For Non-Submission Of Required Document

The Patna High Court has held that mandatory conditions stipulated in tender documents cannot be overlooked or relaxed by authorities while determining technical qualification of bidders, setting aside the technical qualification and L-1 declaration of a bidder who failed to furnish a mandatory payment certificate.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh was hearing...

Only Subsisting, Enforceable Obligations Qualify As 'Existing Commitments' In Tender Process: Patna High Court

The Patna High Court has held that only subsisting and enforceable obligations can be treated as “existing commitments” for purposes of tender disclosure requirements, setting aside the disqualification of a bidder for alleged non-disclosure of a work which had already been proposed to be dropped by the department.A Division Bench of Justice Sudhir Singh and Justice Shailendra Singh...

'Decision To Transfer Govt Servant Lies With Executive': Patna HC Sets Aside Single Judge's Direction To Transfer Forest Officer

The Patna High Court has held that transfer and posting of a government servant lies within the exclusive domain of the executive, setting aside a Single Judge's direction to transfer a Divisional Forest Officer (DFO) during pendency of proceedings.A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing an appeal filed by the State challenging the order...

SC Judgment Didn't Hold Breath Analyzer Test Is Inconclusive Proof Of Alcohol Consumption: Patna High Court Clarifies

The Patna High Court has held that the Supreme Court in the case of Bachubhai Hassanalli Karyani -Vs- State of Maharashtra(1971) did not hold that a breath analyser test is inconclusive proof of alcohol consumption.A Division Bench of Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar held that the SC judgment did not lay down any proposition that the Breath Analyser Report is not...

Patna HC Invokes Doctrine Of Frustration To Dissolve Marriage Under SMA After Wife Remarried, Flags “Perverse” Family Court Ruling

The Patna High Court has strongly criticised a Family Court's interpretation of the Special Marriage Act as “perverse”, and in a significant development, invoked the doctrine of frustration to dissolve a marriage, holding that courts must recognise reality where continuation of marital obligations has become impossible.A Division Bench of Justice Bibek Chaudhuri and Justice Chandra...

Parties Can't Re-Agitate Issues In Intra-Court Appeal After Agreeing That Matter Is Covered By Binding Precedent Before Single Judge: Patna HC

The Patna High Court has held that once parties agree before a Single Judge that an issue is concluded by binding precedent, they cannot subsequently re-agitate the same in an intra-court appeal, reiterating that statements recorded in a judgment are binding on the parties.A Division Bench of Justice Sudhir Singh and Justice Rajesh Kumar Verma was hearing a Letters Patent Appeal challenging...

Patna High Court Flags Police's “Invariable Misuse” Of NDPS Act In Cough Syrup Cases; Says Such Offences Fall Under Drugs & Cosmetics Act

The Patna High Court has observed that police authorities are “invariably misusing” the provisions of the NDPS Act in cases involving cough syrups containing permissible levels of codeine, holding that such cases ought to fall under the Drugs and Cosmetics Act.A Single Judge Bench comprising Justice Ashok Kumar Pandey was hearing a bail application filed in connection with Mansi P.S. Case...

'No Understanding Of Evidence': Patna HC Acquits Murder Accused, Orders Training After Trial Judge Relied On Police Confession To Convict

The Patna High Court has set aside the conviction of several accused in a murder case, strongly criticising the trial court for relying on inadmissible evidence and observing that the trial judge “does not have any idea about the relevancy, admissibility, and acceptance of evidence in a criminal trial.” A Division Bench comprising Justice Bibek Chaudhuri and Justice Chandra Shekhar Jha...

Cancellation Of Tender On Grounds Waived By Bidder Is Manifestly Arbitrary: Patna High Court

The Patna High Court has held that cancellation of a tender process on a factually incorrect and non-existent ground is manifestly arbitrary and violative of Article 14, setting aside the decision to re-tender despite the petitioner being declared L-1.A Division Bench comprising Justice Sudhir Singh and Justice Shailendra Singh was hearing a writ petition challenging the decision dated...

Patna HC Quashes Criminal Proceedings Against Forest Officer, Says Public Servants Must Be Protected From Vexatious Prosecution

The Patna High Court has held that criminal proceedings initiated against a public servant without prior sanction under Section 197 CrPC are void ab initio, reiterating that such protection is essential to ensure fearless discharge of official duties. A Single Judge Bench of Justice Jitendra Kumar was hearing a criminal miscellaneous petition under Section 482 CrPC seeking quashing of the...