Rajasthan High Court Weekly Round Up: May 16 To May 22 ,2022

Nominal Index State Of Rajasthan, Through P.P v. Komal Lodha 2022 LiveLaw (Raj) 164 Simorna v. State of Rajasthan through PP 2022 LiveLaw (Raj) 165 M/s Vivek Pharmachem (India) Ltd. v. State Of Rajasthan & Anr. 2022 LiveLaw (Raj) 166 Om Prakash Kumawat v. Hero Housing Finance Ltd 2022 LiveLaw (Raj) 167 Asstt. Commercial Taxes Officer Versus M/s. Punusumi India Limited 2022 LiveLaw (Raj) 168 Judgments/ Orders of the Week Rajasthan High Court Finds Man On Death Row Wrongly Convicted For Rape & Murder Of 7-Yr Old, Modifies Sentence To Life Citing Conviction By SC Case Title: State Of Rajasthan, Through P.P v. Komal Lodha Citation: 2022 LiveLaw (Raj) 164 The Rajasthan High Court recently commuted death sentence awarded to a man convicted for the offence of sodomy, rape and murder of a 7-year old girl child, while observing that it appeared to be a case of wrong conviction whereby the actual offenders had, with the help of the Police, shifted the crime on the present convict. The case had travelled up to the Supreme Court which did not upset the conviction and had remitted the matter back to the High Court only to decide the question of sentence upon consideration of aggravating and mitigating circumstances. While dealing with this criminal death reference, a division bench of Justices Pankaj Bhandari and Anoop Kumar Dhand observed, " It appears that two persons committed the horrendous act of rape and sodomy with a seven ones year old girl and murdered the girl and thereafter, with the help of the police shifted the crime to the present appellant...We are alive of the fact that the conviction of the accused has been upheld by the Apex Court...Since we have been directed to confine our judgment only on the question of sentence for offence under Section 302 IPC, we with heavy heart and with hope that justice would be done to the accused, who has been sentenced to imprisonment till death for crime committed by two other persons, commute sentence from death penalty to life imprisonment." Rajasthan High Court Grants Bail To Murder Accused In Custody Since 2015 Along With Her Minor Daughter Case Title: Simorna v. State of Rajasthan through PP Citation: 2022 LiveLaw (Raj) 165 The Rajasthan High Court has granted bail to a woman, accused in a murder case, who has been incarcerated since June 2015, along with her minor daughter. While observing that the trial is still pending and on being informed that the same is held up on account of delay caused by witnesses, Justice Manoj Kumar Garg allowed her second bail application. Essentially, the lady has been in judicial custody since June 2, 2015 in connection with an FIR registered at Police Station Kuri Bhagtasni, Jodhpur for the offences punishable under Sections 302 (Murder), 120-B (Criminal conspiracy) and 201 (Causing disappearance of evidence of offence) of the IPC and Section 4/25 of the Arms Act. Notably, her first bail application was dismissed on 15.12.2016 by the court. "Having regard to the totality of the facts and circumstances of the case and considering the facts that the accused-petitioner is a lady and she is inside jail since 02.06.2015 along with her minor daughter aged about three years and the trial of the case is yet pending, therefore, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C," the Court said. Manufacturer Entitled To Receive One Sample Of Seized Goods U/S 23(4) Of Drugs & Cosmetics Act: Rajasthan High Court Case Title: M/s Vivek Pharmachem (India) Ltd. v. State Of Rajasthan & Anr. Citation: 2022 LiveLaw (Raj) 166 The Rajasthan High Court has observed that Section 18A of Drugs and Cosmetics Act, 1940 requires disclosure of name of manufacturer also and not only of the stockists and thus, he is entitled to receive one portion sample of seized drugs in terms of Section 23(4) of the Act. Section 18A of the Act deals with the disclosure of the name of the manufacturer, etc. It states, "Every person, not being the manufacturer of a drug or cosmetic or his agent for the distribution thereof, shall, if so required, disclose to the Inspector the name, address and other particulars of the person from whom he acquired the drug or cosmetic.". Section 23(4) r/e 23(3) provides that where an Inspector takes a sample of a drug for the purpose of test or analysis, he shall divide the sample into four portions and restore one portion of it to the person from whom he takes it, and shall retain the remainder. Proceedings Under The A&C Act And SARFAESI Act Can Be Resorted To Simultaneously: Rajasthan High Court Reiterates The Legal Position Case Title: Om Prakash Kumawat v. Hero Housing Finance Ltd Citation: 2022 LiveLaw (Raj) 167 The High Court of...

Rajasthan High Court Weekly Round Up: May 16 To May 22 ,2022

ANIRUDH VIJAY

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