NDPS Act | Grant Of Bail In Commercial Quantity Case Due To Undue Delay In Trial, Not Fettered By Bar Of S.37: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that the grant of bail in a case pertaining to commercial quantity, on the ground of undue delay in trial, cannot be said to be fettered by Section 37 of the NDPS Act, 1985.As per Section 37 of the NDPS Act, the Court can grant bail to an accused in case of commercial quantity only after hearing the public prosecutor. If the prosecutor...

Person Seeking Relief Must File A Petition, Can't Claim It As An Intervenor: Punjab & Haryana High Court Reiterates

The Punjab & Haryana High Court has reiterated that if a person wants to seek a relief then he needs to be file a petition, and he cannot claim the relief by filing an application to be impleaded as intervenor.A division bench of Chief Justice Sheel Nagu and Justice Sudhir Singh said, "It is settled in law that if any person wants to seek a relief, then he/she has to file a petition...

Single-Judge Allowing Withdrawal With Liberty To Revive Contempt Plea During Pendency Of Appeal Is Unnecessary Intrusion In Appellate Jurisdiction: P&H HC

The Punjab & Haryana High Court has said that single judge passing order allowing to withdraw the contempt plea with liberty to revive it during the pendency of appeal is unnecessary intrusion into the appellate jurisdiction.While hearing a contempt plea the single judge had noted that "...counsel for the petitioner does not press the present petition at this stage with liberty to...

Punjab & Haryana High Court Issues Contempt Notice To SDM Over Failure To Vacate Office To Provide Space For Judges To Hold Court

The Punjab & Haryana High Court has issued contempt notice to the Sub Divisional Magistrate (SDM) of Punjab's Derabassi, over failure to comply with direction to vacate his office to provide space to judges to enable them to hold court.Previously, the Court on December 20 had noted the "stark difference" of Derabassi SDM's office and Court running in the same building. The first floor...

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that while adjudicating anticipatory bail under NDPS, the manner in which the petitioner has been arraigned or implicated is a required to be seen.Justice Sumeet Goel explained, “The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and are to be...

Once A Family Member Appointed On Compassionate Basis Is Terminated, Another Member Can't Seek Appointment: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that once a family member has availed the benefit of compassionate appointment, the same cannot be granted to another family member after the service of that family member had been terminated.In the present case, the appellant's brother was appointed on compassionate grounds in position of her father, who passed away during service. However, the...

Child's Ordinary Residence And Not Natural Guardianship Decides Which Court Will Have Jurisdiction In Custody Dispute: Punjab & Haryana HC

The Punjab & Haryana High has said that the "ordinary residence of a child" or a ward would determine which court would have jurisdiction to decide the child's custody under the Guardianship & Wards Act. It further underscored that the "ordinary residence" of the child would determine the court's jurisdiction which can hear the custody case, and the "natural guardianship" of the...

NSA | One Day Delay In Reporting To Centre About Preventive Detention Order Not Substantial: Punjab & Haryana High Court

The Punjab and Haryana High Court has upheld the preventive detention of Haryana's alleged Azad gang member Parveen alias Dada under the National Security Act, 1980.Among other grounds, it was argued that the State authorities did not follow the timeline provided under Section 3(5) of NSA. As per the provision, when preventive detention order is made or approved by the State Government, the...

Punjab & Haryana High Court Summons Chandigarh Traffic SSP Over UT's Contradictory Stand On Sitting Judge's Threat Perception

The Punjab and Haryana High Court today summoned Chandigarh's Traffic SSP over contradictory stand taken by UT on a sitting High Court's judge threat perception.The Court noted that the report of SSP, Traffic (Security) submitted to it by the UT administration disclosed that the threat perception had been "heightened". This, the Court found was contradictory to the stand taken by the UT in...

Dismayed Over Repeated Failure Of Jail Authorities To Produce Accused: Punjab & Haryana HC Seeks Affidavit Of ADGP Explaining Failure Of Duty

The Punjab & Haryana High Court has summoned the Additional Director General of Police (Prisons), Punjab, to file a comprehensive affidavit, explaining in detail the reasons for the repeated non-production of an accused on the schedule dates of hearing before the trial Court. Justice Manjari Nehru Kaul said, "this Court is deeply concerned and dismayed over the repeated failure of the...

Show Cause Notice Issued To Diljit Dosanjh Concert Organizer For Breaching Noise Limits: Chandigarh UT Admin Tells Punjab & Haryana HC

Noting that UT administration of Chandigarh had issued show cause notice to the organizer of Punjabi singer Diljit Dosanjh's concert–which happened last month–for breaching noise levels, the Punjab and Haryana High Court on Thursday (January 9) disposed of a PIL for directions to control noise pollution during the event. A division bench of Chief Justice Sheel Nagu and Justice Sudhir...

Trial Court Passes Common Verdict Against Multiple Accused By Reviewing Order For Separate Trial In Murder Case, Punjab & Haryana HC Sets Aside Conviction

The Punjab & Haryana High Court set aside the conviction in a murder case against multiple accused persons wherein the Trial Court gave a common verdict after reviewing its earlier order directing to try them separately.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "when the earlier passed order by the then learned Additional Sessions Judge, Rewari, on 02.07.2001, wherebys,...