Punjab & Haryana High Court Monthly Digest: July 2023

Nominal Index [Citations 118 - 135] Avdesh Kumar v.State of Punjab and others 2023 LiveLaw (PH) 118X v.State of Punjab 2023 LiveLaw (PH) 119Commissioner of Customs, Ludhiana Versus M/s Jindal Drugs Ltd. 2023 LiveLaw (PH) 120Ram Saran v. State of Haryana 2023 LiveLaw (PH) 121Pankaj Kumar @ Meenu Malhotra v. State of Punjab 2023 LiveLaw (PH) 122Mohammad Rahim Ashori and others v. State of Haryana 2023 LiveLaw (PH) 123Rahul Kumar Tewary and others v. State of Punjab and another 2023 LiveLaw (PH) 124Harpreet Singh @ Happy v. State of Punjab 2023 LiveLaw (PH) 125Saptarshi Ray v. Municipal Corporation of Gurugram and others 2023 LiveLaw (PH) 126Pushpa Devi v. State of Punjab and others 2023 LiveLaw (PH) 127Sunita Dhawan & Anr. V. UOI 2023 LiveLaw (PH) 128Surjeet Khanna v. State of Haryana and another 2023 LiveLaw (PH) 129Gurjinder Singh @ Ginda v. State of Punjab 2023 LiveLaw (PH) 130Arvind Kumar Sharma v. State of Punjab and others 2023 LiveLaw (PH) 131Ram Baksh @ Ramu v. State of Punjab 2023 LiveLaw (PH) 132Mohan Lal @ Mohan v. UOI and all connected matters 2023 LiveLaw (PH) 133Gurmeet Singh v. State of Punjab 2023 LiveLaw (PH) 134Pushpinder Kumar alias Pushpinder Singh alias Tinku v. State of Punjab 2023 LiveLaw (PH) 135Reports1.Mere Apprehension Of Accused Indulging In Sale Of Contraband Is No Ground To Reject Application For Parole: Punjab & Haryana High CourtCase Title: Avdesh Kumar v.State of Punjab and othersCitation: 2023 LiveLaw (PH) 118The Punjab & Haryana High Court has held that the application for release on parole cannot be rejected on the mere apprehension that the accused may indulge in the sale of contraband or cause a breach of peace.“Mere apprehension of the petitioner indulging in sale of contraband or of causing breach of peace would not bring the case within the ambit of Section 6(2) of the Act (the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962) so as to enable the competent authority to reject the application for temporary release on parole,” said the division bench of Justice B.S. Walia and Justice Lalit Batra.2.Punjab & Haryana High Court Acquits Daughter Accused Of Killing Father In 2003Case Title: X v. State of PunjabCitation: 2023 LiveLaw (PH) 119Observing that the trial court seems to have unwittingly been "swayed by sentiment and prejudice" against the crime of patricide alleged against her, the Punjab & Haryana High Court set aside the conviction of a woman who was accused of murdering her father in 2003. The accused was 16 years and 4 months old at the time of incident“There are suspicious features appearing in the evidence which cast doubt on their (prosecution) version. The pieces of evidence on which the prosecution chose to rest its case were so fragile that they crumbled when this Court subjected them to close and critical examination, whereby the whole super-structure collapsed. It is not the conviction of the Court of a fact, that an accused person has committed a crime, but the satisfactory evidence of it on record that an offence is proved,” said Justice Aman Chaudhary.3.Once The Export Obligation Is Discharged, Customs Dept. Could Not Initiate Proceedings Against Assessee: Punjab & Haryana High CourtCase Title: Commissioner of Customs, Ludhiana Versus M/s Jindal Drugs Ltd.Citation: 2023 LiveLaw (PH) 120The Punjab and Haryana High Court has held that once the export obligation is discharged, the customs department cannot initiate proceedings against the assessee.The bench of Justice Ritu Behari and Justice Manisha Batra observed that 50 MT of Coco Butter was lost during transit from the port to the factory, and this information was given to the department. But the lost quantity had been replaced by the respondent by purchasing the Cocoa Paste from the local market to fulfill its export obligation. The respondent-assessee did not claim any rebate or drawback in respect of the locally procured Coco Butter. The advance authorization has been discharged by DGFT (the licensing authority) as the export obligation has been fulfilled by the respondent.4. ‘Has Faced Agony Of Protracted Trial’: Punjab & Haryana High Court Reduces Sentence Of 70-Year-Old In 1994 Case For Adulterated KhoyaCase Title: Ram Saran v. State of HaryanaCitation: 2023 LiveLaw (PH) 121Observing that he has faced the agony of a protracted trial for such a long time, the Punjab & Haryana High Court has reduced the sentence of the 70-year-old convict to the period already undergone by him. In the 1994 case, Ram Saran was convicted in 2007 under the Prevention of Food Adulteration Act, 1954 for adulterating 'khoya'.Justice Deepak Gupta said, “Offence was committed way back in December, 1994, i.e., more than 28 years back and this way, petitioner has faced agony of protracted trial for such a long time. Even if he remained bail during all this period except for a short period, the demon of his conviction was hanging on his head.”5. Foodgrain Scam: Punjab & Haryana High Court Grants Bail To Former...

Punjab & Haryana High Court Monthly Digest: July 2023

Aiman J. Chishti

Tags