MINOR ACTS

Karnataka High Court Refuses To Reduce Sentence Of Terror Convicts Who Pleaded Guilty, Cites Gravity Of Waging War Against India
The Karnataka High Court has recently dismissed the appeal of two men convicted under UAPA seeking reduction of their sentence from 7 years to 5 years, holding that the gravity of the offences committed by them warranted no leniency from the court. [2026 LiveLaw (Kar) 337]The Division bench of Justice H.P Sandesh and Justice B. Pramod noted in the order that the reduction of sentence cannot...

'Khufia Suragh Barari' Is General Police Endeavour, Not Specific Prior Information Triggering Section 42 NDPS Act: HP High Court
The Himachal Pradesh High Court has held that the expression “khufia Suragh Barari” used in a police diary entry does not signify specific prior information of an NDPS offence so as to trigger the mandatory compliance of Section 42 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court observed that the expression refers to a general search or endeavour by the police to...

Advocate, Family Received ₹23L+ Across Cases; Allahabad High Court Orders UP-Wide Inquiry Into 'Misuse' Of SC/ST Act Benefits
The Allahabad High Court has directed the Uttar Pradesh Government to undertake an inquiry into the manner in which benefits under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, and the Rules framed thereunder are claimed and disbursed, particularly in cases involving repeated claims by the same persons or their family members. The direction was passed...

MV Act | Claim Petition Can't Be Dismissed At Final Stage For Want Of Territorial Jurisdiction Without Any Prejudice: Allahabad High Court
The Allahabad High Court has held that a Motor Accident Claims Tribunal cannot dismiss a claim petition at the close of a full trial merely on the ground that it lacked territorial jurisdiction, where none of the opposite parties has shown that it suffered any prejudice from the case being tried there.Section 166(2) of the Motor Vehicles Act, 1988 leaves the choice of forum to the claimant....

Brothel Customer Can't Be Expected To Know Age & Caste Of Minor: Karnataka High Court Grants Bail In POCSO Case
The Karnataka High Court granted bail to a man booked in a POCSO and SC/ST Act FIR accused of sexually assaulting a minor in a brothel, observing that customer of a brothel cannot possibly know the age or caste of a victim. Justice S Rachaiah allowed the criminal appeal and set aside the order passed by the Additional District and Sessions Judge. “Having heard learned counsel for...

Routine Retail Sale Of Codeine Cough Syrup Without Prescription Violates Drugs & Cosmetics Act, Not NDPS Act: Allahabad High Court
The Allahabad High Court has held that where a medical store sells codeine-based cough syrup containing a permitted quantity of codeine in the course of routine sale without a medical prescription, the lapse is a violation of the Drugs and Cosmetics Act and not an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985. It held that the position changes only where a large...

Uttarakhand High Court Upholds Denial Of RTI Info On Estranged Wife's Govt Service, Says No Material Could Outweigh Privacy
The Uttarakhand High Court has upheld the denial of information sought under the Right to Information Act by a man concerning the government service of his estranged wife, holding that there was “no material on record indicating any public interest that could outweigh her right to privacy”. Holding the above, the Court noted that the appellant had failed to place even prima facie...

POCSO Case Cannot Be Quashed On Settlement Even If Survivor Attains Majority: Sikkim High Court
The Sikkim High Court has held that criminal proceedings under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) cannot be quashed merely on the basis of a settlement between the accused and the survivor, even if the survivor has subsequently attained majority.Justice Bhaskar Raj Pradhan remarked that: “even if the accused and the survivor who has now attained majority...

Codeine Cough Syrup Within Permitted Quantity Attracts NDPS Act If Stocked Or Sold For Intoxication: Allahabad High Court
The Allahabad High Court has held that codeine-based cough syrup carrying codeine within the permitted limit is not a narcotic drug so long as it is sold or transported for medicinal use, but that the moment it is stocked, sold or transported to be used as an intoxicant, the exemption is lost and it becomes a codeine preparation attracting the Narcotic Drugs and Psychotropic Substances...

JJ Act | AP High Court Orders Release Of Minor Produced Before Magistrate As Adult, Imposes ₹10,000 Cost On SHO
The Andhra Pradesh High Court has come to the rescue of a minor boy who was allegedly treated as an adult by the police and produced before a regular Magistrate, directing his immediate release from judicial custody and holding that the remand order was illegal, unsustainable and without jurisdiction. [2026 LiveLaw (AP) 204]In doing so it imposed Rs. 10,000 cost on the SHO of the concerned...

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...

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...
