NDPS Act | P&H High Court Flags Trend Of Labelling 'Petty Cash' Found On Accused As Drug Money, Says S.37 Not Applicable

The Punjab and Haryana High Court has raised concerns over a growing trend in which even small amounts of money recovered from accused individuals are being labeled as "drug money" under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.The Court clarified that in such instances, the stringent bail conditions under Section 37 of the NDPS Act would not be applicable, and...

Punjab & Haryana High Court Directs Chandigarh To Frame Rehab Policy For J&K Migrant Workers Evicted After 4 Decades

The Punjab and Haryana High Court has directed the Chandigarh Administration to consider framing a rehabilitation policy for migrant labourers from Jammu & Kashmir who have been residing in government quarters for nearly four decades. Acknowledging that the petitioners have been living in the premises for approximately 37 years, the Court held that immediate eviction would be "unjust...

Continuous Promotional Advantage To Reserved Category Without Reassessing Seniority Violates Right To Equality: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the principle of equality enshrined in Articles 14 and 16 of the Constitution serves as the cornerstone of fair and just governance.Court stated that in the context of service promotions, this principle mandates that no employee—whether from the reserved or general category—should be placed at a permanent advantage or disadvantage once...

P&H High Court Seeks Union, Bar Council's Response On Plea Alleging That Jindal University Misrepresented 3-Yr LLB Course As Honours Degree

The Punjab and Haryana High Court has sought responses from the Union Government and the Bar Council of India and other authorities on a petition alleging that O.P. Jindal Global University allegedly misrepresented its 3-year LLB program as an “Honours” degree.In a petition filed by Nipun Gupta who graduated from the O.P Jindal University submitted that the University at all times...

Unexplained Delay Of 2 Months In Filing FIR, Victim's Testimony Not Truthful: Punjab & Haryana High Court Upholds Acquittal In Rape Case

The Punjab & Haryana High Court upheld the acquittal in a rape case observing that the statement of the alleged victim was not reliable and there was an unexplained delay of 2 months in registration of the FIR.The Court noted that prosecutrix during cross examination also stated that the accused was holding the pistol in one hand and the mobile phone in other hand and caught hold of her...

Prolonged Disciplinary Proceedings Without Just Cause Amounts To Punishment, Delay Causes Mental Agony For Employee: P&H High Court

The Punjab & Haryana High Court said that every delinquent employee has a legitimate right to have such proceedings concluded expeditiously. The Court noted that undue and unexplained delays cause mental agony, financial hardship, and social stigma, amounting to punishment even before any guilt is established.Justice Harpreet Singh Brar said, "Every delinquent employee has a legitimate...

Drug Smuggling Through India-Pak Border Impacting Youth, Punjab & Haryana High Court Refuses Pre-Arrest Bail To Accused

Observing that increasing smuggling of illicit drugs through the India-Pakistan border, particularly via drones, has become a growing concern for national security and youth, the Punjab & Haryana High Court refused to grant anticipatory bail under the NDPS Act.The FIR was lodged under Section 21 of the NDPS Act alleging that an accused disclosed to the police that the consignment of...

Forging Court Summons Undermines Public Trust In Judiciary: Punjab & Haryana High Court Denies Pre-Arrest Bail Despite Compromise

Emphasizing the seriousness of forging judicial documents, the Punjab and Haryana High Court denied pre-arrest bail to a woman accused of fabricating a court summons, stating that such acts "have serious ramifications on public confidence in judiciary and undermines public trust."The petitioner was booked on the basis of disclosure statement of a co-accused who allegedly forged judicial...

No Condonation For Bureaucratic Lapses: Punjab & Haryana High Court Rejects 992-Day Delay In Filing Appeal By State

Reaffirming that the law of limitation cannot be defeated under the guise of advancing substantial justice, the Punjab and Haryana High Court dismissed the State's application seeking condonation of a 992-day delay in filing an appeal.Justice Sudeepti Sharma said, "it is by now a well-settled principle that while Courts lean in favour of advancing substantial justice, they cannot do so...

Punjab & Haryana High Court Quashes Trial Court Order To File Challan Against Cop For Bypassing Mandatory HC Rules

Reiterating the mandatory nature of procedural safeguards, the Punjab and Haryana High Court quashed a trial court's order directing the filing of a challan against a police officer without following the due process laid down in the High Court Rules. The Court observed that any action or criticism against a police officer must strictly comply with Chapter 1, Part H, Rule 6 of the High...

'In An Era Of Unaffordable Housing, Accused Can't Be Denied Bail For Lacking Permanent Residence; Even Hermits Have Rights': P&H High Court

In a significant observation, the Punjab and Haryana High Court held that the absence of a permanent residence cannot be a valid ground to deny bail to an accused, especially in an era where skyrocketing property prices and rental challenges make it difficult for many to secure stable housing.The Court granted bail to a man accused in fraud case under Sections 406, 420, 468, 120-B...

Punjab & Haryana High Court Reprimands Lawyers For Using AI, Google On Phone To Answer Queries During Hearing; Seizes Device

In a stern move, the Punjab and Haryana High Court reprimanded lawyers for using artificial intelligence tools and Google on their mobile phones to respond to Court's queries during arguments. Taking serious note of the conduct, the court seized the mobile device of one of the lawyers for a certain time, underscoring that such practices is "unacceptable".Justice Sanjay Vashisth said, "Such...