MINOR ACTS
NDPS Act | IO's Oral Apprehension Of Seized Items Being Drug-Sale Proceeds No Ground To Withhold Them: Allahabad High Court
The Allahabad High Court has held that merely on the basis of the investigating agency's oral apprehension that articles recovered from an accused's personal search could be proceeds of illegal narcotics sale, the accused cannot be deprived of their use.A bench of Justice Dr. Gautam Chowdhary observed thus while setting aside an order of the Varanasi trial court refusing to release gold jewellery and ₹850 cash recovered from the accused's personal search in an NDPS Act case. Case in brief The...
Night-Time NDPS Search Without Warrant Valid Where Urgent Action Justifies Delayed Section 42 Compliance: Rajasthan High Court
While rejecting a bail application in an NDPS matter, Rajasthan High Court affirmed that compliance under Section 42 of the NDPS Act (“Act”), may be postponed for a reasonable period, where the information was received by the police office while being on patrol duty or otherwise on move, and immediate action was called for. Section 42 of the Act lays down process to conduct search...
Meghalaya High Court Rejects Bail To Man Accused Of Sexually Assaulting Minor, Says He Betrayed Child's Trust
The Meghalaya High Court has refused to grant bail to a man accused of sexually assaulting and molesting a minor at a children's home, observing that the accused had allegedly betrayed the trust reposed in him by the children, who regarded him as a grandfather. The Court noted that the material on record prima facie indicated that he had taken advantage of the child's vulnerability....
Bombay High Court Quashes ₹100 Crore Freezing Of Coda Payments Accounts, Says PMLA Authority Failed To Record Mandatory Findings
The Bombay High Court has set aside the freezing of the bank accounts and payment aggregator/payment gateway accounts of Coda Payments India Pvt. Ltd., amounting to approximately ₹100 crores, holding that the Adjudicating Authority failed to record the mandatory finding under Section 8(2) of the Prevention of Money Laundering Act, 2002 (PMLA). The Court further held that where the...
Gujarat High Court Quashes POCSO FIR Over Alleged Recording Of Minor In Changing Room, Directs Community Service For Accused
The Gujarat High Court quashed a POCSO FIR lodged against a man booked for video recording a minor girl while she was inside a changing room, while directing him to do one month community service at a hospital as well as deposit Rs. 50,000 with a children's home. After taking note of submissions by the parties, Justice MK Thakker in her order directed:"...this Court is of the opinion that...
NDPS Act | Police Can't 'Blindly' Use Statutory Presumption To Prosecute Vehicle Owner Without Proof Of 'Knowledge': Rajasthan High Court
While upholding trial court's decision that acquitted an NDPS accused, Rajasthan High Court observed that unless it was established by the prosecution that the accused had conscious knowledge of his house/premises/vehicle/property being used for storage, concealment or transportation of contraband, offence under Section 25 was not made out. The bench of Justice Anil Kumar Upman held that...
Brothel Customer An 'Active Participant' In Commercial Sexual Exploitation, Liable Under Immoral Trafficking Act: Kerala High Court
The Kerala High Court has held that a customer visiting a brothel would be criminally liable under Sections 5 and 7 of the Immoral Traffic (Prevention) Act, 1956. [2026 LiveLaw (Ker) 484]The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar clarified the position of law while answering a reference made by a Single Bench in view of conflicting decisions by...
Kissing Child's Penis Amounts To Penetrative Sexual Assault Under POCSO Act: Kerala High Court
The Kerala High Court has clarified that kissing a child's penis amounts to penetrative sexual assault as defined under Section 3(d) of the Protection of Children from Sexual Offences Act (POCSO Act). [2026 LiveLaw (Ker) 482]Justice A. Badharudeen dismissed an appeal preferred by a convict, who was awarded a 20-year term for kissing a 14 ½ year old boy on two occasions.“the statutory...
Muslim Man Having Sexual Intercourse With Minor Wife Liable Under POCSO Act: Kerala High Court
The Kerala High Court recently clarified that a Muslim man having sexual intercourse with his wife, who is aged below 18 years, is liable under the Protection of Children from Sexual Offences Act (POCSO Act). [2026 LiveLaw (Ker) 470]Justice Jobin Sebastian held:“sexual intercourse with a girl below eighteen years of age attracts the offences under the POCSO Act, and in such a situation,...
Chhattisgarh High Court Upholds ED's ₹110 Crore Provisional Attachment Of Goa's Westin Hotel In Alleged Liquor Scam Cash Trail
The Chhattisgarh High Court has refused to interfere with the Enforcement Directorate's (ED) provisional attachment of Hotel Westin, Goa, to the extent of ₹110 crore. While dismissing the petition, the Court clarified that it has not taken a final adjudication on the allegations concerned, and such question were required to be examined through the statutory adjudicatory mechanism in...