Gujarat High Court Weekly Round-Up: March 7 To March 13, 2022

CITATIONS 2022 LiveLaw (Guj) 70 To 2022 LiveLaw (Guj) 77 Nominal Index State Of Gujarat v. Ugamsinh Dhanrajsinh 2022 LiveLaw (Guj) 70 Raghuversinh Chandrasinh Sarvaiya v. State of Gujarat 2022 LiveLaw (Guj) 71 Archana Mukesh Raval v. State Of Gujarat 2022 LiveLaw (Guj) 72 Mohsin Salimbhai Qureshi v. State Of Gujarat 2022 LiveLaw (Guj) 73 State Of Gujarat vs Natvarsinh Prabhatsinih Rathod 2022 LiveLaw (Guj) 74 Sunilkumar Rajeshwarprasad Sinha v. State Of Gujarat 2022 LiveLaw (Guj) 75 Sacha Adivasi Adhikar Trust v. State Of Gujarat 2022 LiveLaw (Guj) 76 Chandubhai Punjabhai Talpada v. Deputy Executive Engineer 2022 LiveLaw (Guj) 77 Judgments/Orders of the Week 1. Right Of Accused U/S 50 Of NDPS Act To Be Searched In Presence Of Magistrate Violated: Gujarat High Court Upholds Order Of Acquittal Case Title: State Of Gujarat v. Ugamsinh Dhanrajsinh Citation: 2022 LiveLaw (Guj) 70 The High Court dismissed the appeal of the Appellant-Authorities and confirmed the order of the acquittal by the lower Court on the grounds that the Respondent-Accused was not made aware of his right for being searched before the Magistrate, thereby breaching Section 50 of the NDPS Act. The Bench comprising Justice SH Vora and Justice Sandeep Bhatt said, "IO while acting on prior information and before making search of a person, it is imperative for him to inform the respondent-accused about his right to sub-section (1) of Section 50 of the NDPS Act for being taken to the nearest Gazetted Officer or the Magistrate for making search in their presence. It also appears that neither such procedure is followed..." 2. S.25B Industrial Disputes Act | Service Rendered Even Prior To Regularization Needs To Be Considered While Awarding Pensionary Benefits: Gujarat HC Case Title: RAGHUVERSINH CHANDRASINH SARVAIYA Versus STATE OF GUJARAT Citation: 2022 LiveLaw (Guj) 71 "While conferring benefits viz. pensionary benefits, calculation of the entire service rendered even prior to the benefit of the regular pay scale being conferred needs to be considered for the purpose of awarding pensionary benefits (from the date of initial appointment as a daily wager)," the High Court affirmed in reference to Section 25B of the Industrial Disputes Act. The Bench comprising Justice Biren Vaishnav was hearing a Special Civil Application under Article 226 wherein the Petitioner sought direction to Respondent Authorities to consider him as permanent workman and clear arrears of monthly wages, revision of 6th and 7th Pay Commission pay-scale benefits along with 12% simple interest per annum. 3. 'Corruption Mothers Disorder': Gujarat High Court Rejects Anticipatory Bail Plea Of Sub-Inspector Allegedly Involved In Bribery Case Title: Archana Mukesh Raval v. State Of Gujarat Citation: 2022 LiveLaw (Guj) 72 "Corruption is not to be judged by degree, for corruption mothers disorder, destroys societal will to progress, accelerates undeserved ambitions, kills the conscience, jettisons the glory of the institutions, paralyses the economic health of a country, corrodes the sense of civility and mars the marrows of governance", the High Court reiterated. In observing so, it has refused to grant anticipatory bail under Section 438 of CrPC to the Applicant accused of offences under Sections 384, 114 and 294B and 506(2) of IPC and Sections 7,12,13(1)(a) read with Section 13(2) of the Prevention of Corruption Act 1988. 4. Delay In Concluding Trial A Significant Consideration While Deciding Bail Applications: Gujarat High Court Case Title: Mohsin Salimbhai Qureshi v. State Of Gujarat Citation: 2022 LiveLaw (Guj) 73 The High Court affirmed that "in deciding the bail applications an important factor which should certainly be taken into consideration by the court is the delay in concluding the trial." Observing thus, the Bench comprising Justice Gita Gopi granted bail to an accused under the Central Goods & Services Act, 2017. "Here, taking into consideration the course of investigation adopted by the Department, the evidence, so collected, the trial will take considerable time and it may happen, if denied bail, the judicial custody be prolonged beyond the statutory period of punishment which is for five years," it remarked. 5. First Version Of The Story Reliable; Exaggeration May Occur With Passage of Time: Gujarat High Court Case Title: State Of Gujarat vs Natvarsinh Prabhatsinih Rathod Citation: 2022 LiveLaw (Guj) 74 "In normal circumstances, we believe that, the first version is showing the true story of the complaint. If the version is changed at the time of deposition, it means there may be exaggeration in the version by passage of time," the High Court opined in connection with a challenge to the acquittal order of the Sessions Court. It was the Complainant's case that Accused armed with an axe, stick, spear,...

Gujarat High Court Weekly Round-Up: March 7 To March 13, 2022

Sparsh Upadhyay

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