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Posted On: 09-02-2025
103. (SC) (Decided on: 28.01.2025)

A. Indian Evidence Act, 1872 (1 of 1872), Section 27 – Recovery of weapon --  Investigating Officer neither proved nor exhibited the disclosure statement of the appellant accused during his deposition -- Investigating Officer did not distinctly identify the accused persons at whose instance, the particular weapon, i.e., axe (kulhari) or dagger (katari), was recovered -- No indication in the testimony that he took the signatures of the accused persons on the recovery memos -- Not even this, the said witness did not even state that he signed and attested the memorandums under which the recoveries were effected -- Therefore, the substratum of the prosecution case regarding the disclosure statements rendered by the appellant-accused and the recoveries allegedly made in furtherance thereof remains unproved for want of proper evidence.

(Para 32)

B. Indian Penal Code, 1860 (45 of 1860), Section 302 – Indian Evidence Act, 1872 (1 of 1872), Section 8, 27, 106 – Murder – Circumstantial evidence – Motive – Murder of six innocent persons -- Investigating Officer did not examine even a single of the villagers living adjacent to the crime scene for establishing the presence of the appellant-accused at or around the crime scene, corresponding to the time of the incident -- Investigating Officer failed to collect any evidence regarding the safe keeping of the recovered articles/ material objects, till the same reached the Forensic Science Laboratory -- Prosecution failed to prove even one of the three so-called incriminating circumstances i.e., ‘motive’, ‘last seen’ and ‘recoveries’ in its quest to bring home the guilt of the appellant-accused -- Even if, for the sake of arguments the evidence of recovery of weapons were to be accepted, the fact remains that the FSL report does not give any indication regarding the grouping of the blood found on the weapons and hence, the recoveries are of no avail to the prosecution -- The fabric of the prosecution case is full of holes and holes which are impossible to mend -- Conviction of the appellant-accused and death sentence handed down to him can also not be sustained -- Appellant acquitted of the charges.

(Para 33-39)

Posted On: 09-02-2025
104. (SC) (Decided on: 07.02.2025)

A. Indian Penal Code, 1860 (45 of 1860), Section 498A, 506 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 – Domestic violence -- There may be situations where some of the family members or relatives may turn a blind eye to the violence or harassment perpetrated to the victim, and may not extend any helping hand to the victim, which does not necessarily mean that they are also perpetrators of domestic violence, unless the circumstances clearly indicate their involvement and instigation -- Hence, implicating all such relatives without making specific allegations and attributing offending acts to them and proceeding against them without prima facie evidence that they were complicit and had actively collaborated with the perpetrators of domestic violence, would amount to abuse of the process of law.

(Para 35)

B. Indian Penal Code, 1860 (45 of 1860), Section 498A, 506 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Domestic violence – Quashing of criminal proceedings -- Nothing on record to show that the parents witnessed any of the incidents of physical harassment of the complainant at the instance of the appellants -- Complainant in her complaints did not assign any specific role to the appellants concerning the demands of dowry and physical and mental harassment of the complainant, except for making a sweeping allegation without specific details -- Appellants do not live with the principal accused -- While the marriage took place in Pondicherry and the complainant lived with her husband and mother-in-law in Chennai, the appellants are residents of Hyderabad -- Criminal proceedings quashed.

(Para 37-41)

Posted On: 03-02-2025
112. (SC) (Decided on: 31.01.2025)

A. Hindu Marriage Act, 1955 (25 of 1955), Section 13 -- Divorce -- Dispute between the parties remains only concerning the maintenance amount and both the parties have agreed to the grant of divorce – Husband has already remarried, the present parties stayed together for only about two months after the marriage, have no intention to continue their marital relationship, the marriage between the appellant-wife and the respondent-husband has evidently broken down irretrievably – No interfere with the decree of divorce granted by the Family Court and confirmed by the High Court.

(Para 15)

B. Hindu Marriage Act, 1955 (25 of 1955), Section 13, 25 -- Divorce -- Permanent alimony -- Husband has not been forthright in disclosure of his income and assets and is clearly attempting to escape his liability to support the appellant post-divorce -- In pursuance of the affidavit filed by the appellant, it can be plainly inferred that the respondent has multiple sources of income including the rental income from tenanted premises -- There is no issue out of the wedlock -- Considering the total facts and circumstances of the case, the financial status of the parties, their standards of living, the fact that the respondent has already remarried and also bears the financial responsibility of his new family, Rs. 10,00,000/- awarded as a one-time settlement in favour of the appellant-wife shall serve the purpose of equity and meet the ends of justice.

(Para 19)

Posted On: 02-02-2025
116. (SC) (Decided on: 29.01.2025)

Indian Penal Code, 1860 (45 of 1860), Section 302 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 162 – Indian Evidence Act, 1872 (1 of 1872), Section 27 -- Murder – Acquittal -- Contradiction in statements – Disclosure statement -- Recovery of knife – Value of -- Difficult to believe the testimony of PW-4 and PW-5 for the following reasons:

a. The statement made by both the eyewitnesses that the appellant inflicted two to three stab wounds on the back of the deceased with a knife are omissions;

b. The version of PW-4 that he was standing at a distance of fifteen feet from the scene of occurrence is also an omission;

c. The statement of PW-5 that PW-4 was present at the time of the incident is an omission. His statement that the deceased fell on his chest is an omission.

d. Both the witnesses did not report the incident to the Police. According to PW-4, he informed the incident to one Sumesh, who has not been examined;

e. Both the witnesses did not take the deceased to a hospital; and

f. Though other persons were present at the time of the incident, the said witnesses have not been examined.

Once evidence of two witnesses is disbelieved, the only remaining evidence against the appellant is of the recovery of the knife at his instance – It is not so strong a piece of evidence sufficient on its own and without anything more to bring home the charges beyond reasonable doubt – Conviction set aside. Manoj Kumar Soni’s case 2023 SCC OnLine SC 984 relied.

(Para 7-10)

Posted On: 01-02-2025
117. (SC) (Decided on: 29.01.2025)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 24 -- Duty of Public Prosecutor -- A Public Prosecutor is not expected to show a thirst to reach the case in the conviction of the accused somehow or the other irrespective of the true facts of the case -- The expected attitude of the Public Prosecutor while conducting prosecution must be couched in fairness not only to the Court to the investigation agencies but to the accused as well -- If an accused is entitled to any legitimate benefit during trial, the Public Prosecutor should not scuttle/conceal it -- On the contrary, it is the duty of the Public Prosecutor to winch it to the fore and make it available to the accused -- Even if the court or defence counsel overlooked it, the Public Prosecutor has the added responsibility to bring it to the notice of the Court, if it comes to his knowledge.

(Para 96)

B. Indian Penal Code, 1860 (45 of 1860), Section 302 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 401 – Murder – Acquittal by trial court -- Conviction in revision – Power of -- Sub-section (3) of Section 401 CrPC prohibits/ bars the High Court to convert a finding of acquittal into one of conviction -- Defence counsel as well as the Public Prosecutor owes a duty to correct the Court if the Court is falling in some error and for all this, the State Government is responsible -- It is the State Government who appointed the concerned Public Prosecutor -- High Court committed an egregious error in reversing the acquittal and passing an order of conviction in exercise of its revisional jurisdiction and that too without affording any opportunity of hearing to the appellants -- Appeals allowed -- Impugned judgment and order passed by the High Court set aside -- State Government directed to pay Rs. 5,00,000/- each to the three appellants towards compensation within a period of four weeks.

(Para 1-3, 40-46, 97-99)

Posted On: 01-02-2025
118. (SC) (Decided on: 24.01.2025)

A. Constitution of India, Article 12, 226 – Writ jurisdiction -- Instrumentality of State -- For issuing writ against a legal entity, it would have to be an instrumentality or agency of a State or should have been entrusted with such functions as are Governmental or closely associated therewith by being of public importance or being fundamental to the life of the people and hence Governmental.

-- A writ petition under Article 226 of the Constitution of India may be maintainable against (i) the State Government; (ii) Authority; (iii) a statutory body; (iv) an instrumentality or agency of the State; (v) a company which is financed and owned by the State; (vi) a private body run substantially on State funding; (vii) a private body discharging public duty or positive obligation of public nature; and (viii) a person or a body under liability to discharge any function under any Statute, to compel it to perform such a statutory function.

(Para 10 (1)(2))

B. Constitution of India, Article 12, 226 – Writ against Non-Banking Companies – Maintainability of -- Although a non-banking finance company like the Muthoot Finance Ltd. is duty bound to follow and abide by the guidelines provided by the Reserve Bank of India for smooth conduct of its affairs in carrying on its business, yet those are of regulatory measures to keep a check and provide guideline and not a participatory dominance or control over the affairs of the company -- Writ petition rejected on the ground of maintainability .

(Para 10-12)

Posted On: 30-01-2025
121. (SC) (Decided on: 22.01.2025)

A. Criminal jurisprudence – Conviction of accused -- It is a fundamental principle that a court can convict an accused only if their guilt is established beyond reasonable doubt and not merely on the possibility of guilt -- The gap between “may be guilty” and “must be guilty” is significant, separating uncertain speculations from definitive conclusions -- Thus, it is the duty of the prosecution to elevate its case from the realm of ‘may be true’ to ‘must be true’.

(Para 15)

B. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Murder –Circumstantial evidence -- Conviction on a charge of murder may be based purely on circumstantial evidence, provided that such evidence is deemed credible and trustworthy --  In cases involving circumstantial evidence, it is crucial to ensure that the facts leading to the conclusion of guilt are fully established and that all the established facts point irrefutably towards the accused person’s guilt -- The chain of incriminating circumstances must be conclusive and should exclude any hypothesis other than the guilt of the accused.

(Para 14)

C. Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Murder – Acquittal -- Circumstantial evidence -- Prosecution failed to conduct the Test Identification Parade (TIP) of the recovered articles, thereby, bringing the identification of the material objects in Court for the first time, is under a cloud of doubt -- Material omission on part of the Investigating Officer in not conducting a Test Identification Parade (TIP) of the recovered articles, more particularly when the case of prosecution is based solely upon recoveries of these articles, has created holes in the fabric of the prosecution story, which are impossible to mend -- Chain of circumstantial evidences in the case cannot be held to be so complete, so as to lead to the only hypothesis of the guilt of the accused which is totally inconsistent with their innocence – Conviction set aside.

(Para 22-27)

Posted On: 30-01-2025
123. (SC) (Decided on: 20.01.2025)

A. Indian Penal Code, 1860 (45 of 1860), Sections 90, 376 -- Rape – Promise to marry – Only because physical relations were established based on a promise to marry, it will not amount to rape -- For the offence of rape to be attracted, the following conditions need to be satisfied: first, the accused promised to marry the prosecutrix solely to secure consent for sexual relations without having any intention of fulfilling said promise from the very beginning; second, that the prosecutrix gave her consent for sexual relations by being directly influenced by such false promise of marriage.

(Para 6)

B. Indian Penal Code, 1860 (45 of 1860), Sections 417, 376 & 506 Part I -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Rape – Quashing of criminal proceedings -- Promise to marry – Consensual relationship between the appellant and prosecutrix – It does not appear from the record that the initial promise to marry allegedly made by the appellant was false to begin with -- Perusal of FIR itself suggests that the alleged promise to marry could not be fulfilled by the appellant due to intervening circumstances -- Consequently, the relationship ended because of which the present FIR came to be registered -- Under these circumstances, letting the appellant face trial would be nothing short of an abuse of the process of the Court -- This cannot be permitted -- Criminal proceedings arising out of FIR quashed.

(Para 7-9)

Posted On: 26-01-2025
132. (SC) (Decided on: 24.01.2025)

A. Indian Penal Code, 1860 (45 of 1860), Section 319, 321, 323 – Hurt – Complainant was forcibly ejected from the Company’s office by security personnel, who allegedly attempted to assault, physically harass, and threaten her with dire consequences – Therefore, the complaint does not directly attribute any voluntary act of causing hurt to the complainant by any of the two accused – Ingredients of offence u/s 323 of the IPC have not been made out, prima facie.

(Para 17-19)

B. Indian Penal Code, 1860 (45 of 1860), Section 504, 509 – Insult the modesty of woman – Appellants were accused of scolding the complainant in a “filthy language” and forcibly terminating her employment -- Following the complaint, a Non-Cognizable Report (NCR) was initially registered and later converted into an FIR after two months later -- The term "filthy language," when examined in isolation, and without any contextual framework or accompanying words, indicating an intent to insult the complainant's modesty, does not fall within the purview of Section 509 of the IPC -- Prima facie ingredients of an offence under Section 509 of the IPC not disclosed.

(Para 4, 5, 28)

C. Indian Penal Code, 1860 (45 of 1860), Section 319, 321, 323, 504, 506, 509 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Quashing of criminal proceedings – Criminal intimidation -- Insult the modesty of woman – After the complainant filed the complaint, a NCR was registered, indicated that no cognizable offence -- Subsequently, an FIR was lodged (fifty-eight) days after the initial complaint was filed, u/s 323, 504, 506, 509, and 511 of the IPC -- Only Section 509 constitutes a cognizable offence, whereas Sections 323, 504, and 506 are noncognizable offences -- FIR does not contain any allegations that would substantiate a charge u/s 509 of the IPC -- Chargesheet is the sole document that alleges the use of "filthy language" by the appellants in scolding the complainant -- Discrepancies and variations, suggest a deliberate attempt to reclassify the nature of the proceedings from non-cognizable to cognizable or to transform a civil dispute into a criminal matter, potentially aimed at pressurizing the appellants into settling the dispute with the complainant – Criminal proceedings quashed.

(Para 40-45)

Posted On: 25-01-2025
133. (SC) (Decided on: 16.01.2025)

A. Indian Penal Code, 1860 (45 of 1860), Section 300, Exception 1 – Culpable homicide not amounting to murder -- Sudden provocation -- The provocation must be both grave and sudden -- In order to invoke the benefit of the exception, it must be established that the act committed by the accused was a simultaneous reaction of grave as well as sudden provocation which deprived him of the power of self-control -- If the provocation is grave but not sudden, the accused cannot get the benefit of this exception -- Likewise, he cannot invoke the exception where the provocation though sudden is not grave.

(Para 20)

B. Indian Penal Code, 1860 (45 of 1860), Section 300, Exception 1 – Culpable homicide not amounting to murder -- Sudden provocation -- In order to bring the case within Exception 1, the following conditions must be complied with:

(i) The deceased must have given provocation to the accused;

(ii) The provocation must be grave;

(iii) The provocation must be sudden;

(iv) The offender, by reason of the side provocation, shall have been deprived of his power of self-control;

(v) He should have killed the deceased during the continuance of the deprivation of the power of self-control; and

(vi) The offender must have caused the death of the person who gave the provocation or that of any other person by mistake or accident.

(Para 22)

C. Indian Penal Code, 1860 (45 of 1860), Section 300, Exception 1 – Culpable homicide not amounting to murder -- Sudden provocation -- Accused must establish the following circumstances:

(i) there was a provocation which was both grave and sudden;

(ii) such provocation had deprived the accused of his power of self-control; and

(iii) whilst the accused was so deprived of his power of self-control, he had caused the death of the victim.

(Para 23)

D. Indian Penal Code, 1860 (45 of 1860), Section 300, Exception 1 – Indian Evidence Act, 1872 (1 of 1872), Section 105 -- Culpable homicide not amounting to murder -- Sudden provocation – Burden of proof -- It is for the accused who seeks to reduce the nature of his crime by bringing his case under Exception 1, to prove that the provocation received by him was such as might reasonably be deemed sufficient to deprive him of self-control, and that the act of killing took place whilst that absence of control was in existence and may fairly be attributed to it.

(Para 27, 28)

E. Indian Penal Code, 1860 (45 of 1860), Section 300, Exception 1, 304 Part 1 – Culpable homicide not amounting to murder -- Sudden provocation – Deceased is said to have uttered some bad words and it appears that he also raised his hand & slapped the appellant -- However, that by itself may not be sufficient to bring the case within the ambit of grave and sudden provocation -- The incident occurred at a spur of a moment -- The act was not pre-planned or pre-meditated -- What is important to note is that the appellant had no weapon in his hands -- He picked up a cement stone which was lying beneath the bridge and hit the same on the head of the deceased -- Therefore, it could be said that the appellant did not take any undue advantage or acted in a cruel or unusual manner – Conviction u/s 304 Part 1 of the IPC, upheld – Sentence reduced to already  undergone.

(Para 30-33)

Posted On: 25-01-2025
134. (SC) (Decided on: 09.01.2025)

A. Indian Evidence Act, 1872 (1 of 1872), Section 25 -- Extra-judicial confession before Village Police Patil – Admissibility of – Village Police Patil cannot be said to be a Police Officer – Same is not hit by Section 25 of the Evidence Act -- However, such extra-judicial confession should be found to be true & trustworthy before it is relied upon by the Court to hold the accused guilty.

(Para 36, 42)

B. Indian Evidence Act, 1872 (1 of 1872), Section 137, 154 -- Discovery panchnama – Proof of -- Witness turned hostile -- If the panch witnesses are declared hostile then the prosecution is obliged to prove the contents of the said discovery panchnama through the evidence of the Investigating Officer -- Just because the panch witnesses have turned hostile does not mean that such discovery should be disbelieved -- From the plain reading of the oral evidence of the Investigating Officer if the discovery is believable and inspires confidence, the same can definitely be looked into as one of the incriminating pieces of evidence against the accused.

(Para 47-49)

C. Indian Evidence Act, 1872 (1 of 1872), Section 8 – Indian Penal Code, 1860 (45 of 1860), Section 302 – Motive -- Murder -- Motive is a double-edged weapon -- Motive cannot be the sole basis for convicting the accused and that too for a serious offence like murder -- Motive may be considered along with other pieces of reliable evidence in the form of incriminating circumstances.

(Para 51)

D. Indian Evidence Act, 1872 (1 of 1872), Section 106 – Indian Penal Code, 1860 (45 of 1860), Section 302 – Murder -- Circumstantial evidence – Burden to establish innocence -- Prosecution has to prove its case beyond reasonable doubt & that too on its own legs -- The initial burden of proof is always on the prosecution -- However, in cases where husband is alleged to have killed his wife in the night hours & that too within the residential house, then undoubtedly the husband has to offer some explanation as to what had actually happened and if he fails to offer any plausible explanation, this can go against him -- However, Section 106 of the Evidence Act is subject to one well-settled principle of law -- The prosecution has to first lay the foundational facts before it seeks to invoke Section 106 of the Evidence Act -- If the prosecution has not been able to lay the foundational facts for the purpose of invoking Section 106 of the Evidence Act, it cannot starightaway invoke the said Section and throw the entire burden on the accused to establish his innocence.

(Para 55)

Posted On: 25-01-2025
136. (SC) (Decided on: 16.01.2025)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 54 -- NDPS -- Conscious possession of contraband – Burden of proof -- It is the burden of the prosecution to establish that the contraband was seized from the conscious possession of the accused -- Only when that aspect has been successfully proved by the prosecution, the onus will shift to the accused to account for the possession legally and satisfactorily.

(Para 16)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 35 -- NDPS – Culpable mental state – Presumption of – In any prosecution under the NDPS Act, the court shall presume that the accused had the requisite mental state, including intention, knowledge, and motive, unless the accused can prove otherwise -- This shifts the burden of proof onto the accused to demonstrate that they lacked knowledge or intent regarding the possession of the drugs.

(Para 20)

C. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 54 -- NDPS -- Conscious possession of contraband – Requirement of -- Conscious possession refers to a scenario where an individual not only physically possesses a narcotic drug or psychotropic substance but is also aware of its presence and nature -- It requires both physical control and mental awareness -- Conscious possession implies that the person knew that he had the illicit drug or psychotropic substance in his control and had the intent or knowledge of its illegal nature.

(Para 21)

Posted On: 22-01-2025
137. (SC) (Decided on: 17.01.2025)

A. Constitution of India, Article 14, 226 -- Transfer of prisoner from one jail to another – Challenge to -- It is lucid that transfer of convict prisoner from one prison to another is purely an administrative decision and hence, the same cannot be interfered with by the court unless it is arbitrary and contrary to law.

(Para 15)

B. Constitution of India, Article 21 – Right of prisoner – Dignify life -- It is imperative on the part of the prison authorities to rehabilitate the prisoners into law abiding citizen, besides maintaining security and rule of law in the prison -- Prison administration needs to be reformed for creating a better environment and prison culture to ensure the prisoners enjoy their right to dignified life under Article 21 -- It is essential to continuously monitor the physical conditions prevailing in the prison, compliance with basic and fundamental rights of the prisoners, etc. -- State recognizes that a prisoner loses his right to liberty but still maintains his right to be treated as a human being and as person -- His human dignity shall be maintained and all basic amenities should be made available to him -- Discipline and order shall be maintained with firmness, but with no more restriction than is necessary for safe custody and well-ordered community life, with due regard to the maintenance of the rights of prisoners -- Thus, the objective of reforms and rehabilitation of the prisoners has to be pursued diligently.

(Para 3, 17.2)

Posted On: 22-01-2025
138. (SC) (Decided on: 22.01.2025)

A. Micro, Small and Medium Enterprises Development Act, 2006 (27 of 2006), Section 18 – Arbitration and Conciliation Act, 1996 (26 of 1996), Section 34, 80 – Order/ Award of Micro and Smal enterprises Facilitation (MSEFC) – Challenge to – Alternative remedy of arbitration – Writ jurisdiction :

Following questions referred to a larger Bench of five Judges, namely:

(i) Whether the ratio in M/s India Glycols Limited (2023 SCC OnLine SC 1852) that a writ petition could never be entertained against any order/award of the MSEFC, completely bars or prohibits maintainability of the writ petition before the High Court?

(ii) If the bar/prohibition is not absolute, when and under what circumstances will the principle/restriction of adequate alternative remedy not apply?

(iii) Whether the members of MSEFC who undertake conciliation proceedings, upon failure, can themselves act as arbitrators of the arbitral tribunal in terms of Section 18 of the MSMED Act read with Section 80 of the A&C Act?

The first and second question will subsume the question of when and in what situation a writ petition can be entertained against an order/award passed by MSEFC acting as an arbitral tribunal or conciliator.

(Para 2, 19)

B. Constitution of India, Article 226 – Writ jurisdiction – Alternative remedy -- Existence of the statutory remedy does not affect the jurisdiction of the High Court to issue a writ -- The writ jurisdiction being discretionary by policy, the writ courts generally insist that the parties adhere to alternative statutory remedies, as this reinforces the rule of law -- However, in exceptional cases, writ jurisdiction can still be exercised as a power to access the court for justice and relief.

(Para 15)

Posted On: 22-01-2025
140. (SC) (Decided on: 06.01.2025)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 52A -- NDPS – Samples from contraband – Compliance/ Non-compliance/ Delayed compliance of Section 52A of NDPS Act – Effect of – Law summarised:

(I) Although Section 52A is primarily for the disposal and destruction of seized contraband in a safe manner yet it extends beyond the immediate context of drug disposal, as it serves a broader purpose of also introducing procedural safeguards in the treatment of narcotics substance after seizure inasmuch as it provides for the preparation of inventories, taking of photographs of the seized substances and drawing samples therefrom in the presence and with the certification of a magistrate. Mere drawing of samples in presence of a gazetted officer would not constitute sufficient compliance of the mandate under Section 52A sub-section (2) of the NDPS Act.

(II) Although, there is no mandate that the drawing of samples from the seized substance must take place at the time of seizure as held in Mohanlal (2016) 3 SCC 379), yet we are of the opinion that the process of inventorying, photographing and drawing samples of the seized substance shall as far as possible, take place in the presence of the accused, though the same may not be done at the very spot of seizure.

(III) Any inventory, photographs or samples of seized substance prepared in substantial compliance of the procedure prescribed under Section 52A of the NDPS Act and the Rules / Standing Order(s) thereunder would have to be mandatorily treated as primary evidence as per Section 52A subsection (4) of the NDPS Act, irrespective of whether the substance in original is actually produced before the court or not.

(IV) The procedure prescribed by the Standing Order(s) / Rules in terms of Section 52A of the NDPS Act is only intended to guide the officers and to see that a fair procedure is adopted by the officer in-charge of the investigation, and as such what is required is substantial compliance of the procedure laid therein.

(V) Mere non-compliance of the procedure under Section 52A or the Standing Order(s) / Rules thereunder will not be fatal to the trial unless there are discrepancies in the physical evidence rendering the prosecution’s case doubtful, which may not have been there had such compliance been done. Courts should take a holistic and cumulative view of the discrepancies that may exist in the evidence adduced by the prosecution and appreciate the same more carefully keeping in mind the procedural lapses.

(VI) If the other material on record adduced by the prosecution, oral or documentary inspires confidence and satisfies the court as regards the recovery as-well as conscious possession of the contraband from the accused persons, then even in such cases, the courts can without hesitation proceed to hold the accused guilty notwithstanding any procedural defect in terms of Section 52A of the NDPS Act.

(VII) Non-compliance or delayed compliance of the said provision or rules thereunder may lead the court to drawing an adverse inference against the prosecution, however no hard and fast rule can be laid down as to when such inference may be drawn, and it would all depend on the peculiar facts and circumstances of each case.

(VIII) Where there has been lapse on the part of the police in either following the procedure laid down in Section 52A of the NDPS Act or the prosecution in proving the same, it will not be appropriate for the court to resort to the statutory presumption of commission of an offence from the possession of illicit material under Section 54 of the NDPS Act, unless the court is otherwise satisfied as regards the seizure or recovery of such material from the accused persons from the other material on record.

(IX) The initial burden will lie on the accused to first lay the foundational facts to show that there was non-compliance of Section 52A, either by leading evidence of its own or by relying upon the evidence of the prosecution, and the standard required would only be preponderance of probabilities.

(X) Once the foundational facts laid indicate non-compliance of Section 52A of the NDPS Act, the onus would thereafter be on the prosecution to prove by cogent evidence that either (i) there was substantial compliance with the mandate of Section 52A of the NDPS Act OR (ii) satisfy the court that such non-compliance does not affect its case against the accused, and the standard of proof required would be beyond a reasonable doubt.

(Para 50)

Posted On: 21-01-2025
141. (SC) (Decided on: 17.01.2025)

A. Code of Civil Procedure, 1908 (V of 1908), Section 28, 35(c) – Decree of Specific performance – Extension of time – Annulment of decree – Power of -- A suit for specific performance does not come to an end on passing of a decree and the court which has passed the decree for specific performance retains the control over the decree even after the decree has been passed -- Decree for specific performance has been described as a preliminary decree -- Power u/s 28 of the Act is discretionary and the court cannot ordinarily annul the decree once passed by it -- Court does not cease to have the power to extend the time even though the trial court had earlier directed in the decree that payment of balance price to be made by certain date and on failure the suit to stand dismissed.

(Para 25, 26)

B. Code of Civil Procedure, 1908 (V of 1908), Section 100 – Decree of appellate Court – Execution of -- Once the High Court as an appellate court in second appeal renders its judgment it is a decree of the second appellate court which becomes executable.

(Para 34)

C. Code of Civil Procedure, 1908 (V of 1908), Section 28, 35(c) – Decree of Specific performance – Extension of time – Modification of decree -- When time for payment of money is extended, it does not mean a modification of the decree -- Trial court has power to extend the time, and the expression “such further period as the court may allow” would mean the court which had passed the decree, or, where the application u/s 28 of the Act of 1963, is filed.

(Para 44, 45)

Posted On: 21-01-2025
145. (P&H HC) (Reserved on: 18.10.2024 Pronounced on: 25.10.2024)

Protection of Women from Domestic Violence Act, 2005 (43 of 2005), Section 18, 19, 20, 21, 22, 23, 31 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Constitution of India, Article 227 – Proceedings under DV Act – Inherent Powers of High Court :

Questions referred to Larger Bench for adjudication:

(i) Once Section 28(1) prescribes that all proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 and offences under Section 31 shall be governed by the provisions of Code of Criminal Procedure, 1973, can it be held that application of Section 482 Cr.P.C. is ousted?

(ii) In case Section 482 Cr.P.C. is not applicable, can an aggrieved person invoke power of superintendence of this Court under Article 227 of the Constitution of India?

(iii) In case the aggrieved person is entitled to invoke power of superintendence of this Court under Article 227 of the Constitution of India, can it be said that the same is limited only qua the issue of jurisdiction as held by Madras High Court?

Questions referred by the Ld. Single Bech answered as under:

i) Section 482 Cr.P.C./528 B.N.S.S. is applicable qua proceedings arising out of complaint under Section 12 of the Act of 2005. The only exception is the cases where provisions of the Act of 2005 have been invoked in proceedings pending before Civil Court or Family Court.

ii) In view of answer to question No.(i), there is no need to answer question No.(ii).

iii) The power of High Court under Article 227 of the Constitution of India are subject to self-restraint. The same can neither be curtailed by statute nor by judicial order. In terms of dictum of law laid down by Supreme Court in the case of L. Chandra Kumar's case (1997) 3 SCC 261 and Surya Dev Rai's case  (2003) 6 SCC 675, Article 227 is part of basic structure of the Constitution of India and is even beyond Constitutional amendment.

(Para 3, 32)