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High Court Quashes FIR Against Licensee in Essential Commodities Act Case for Lack of Mandatory Sanction. Prosecution for Illegal Diesel Transportation Fails as No Sanction Under Section 6A of Essential Commodities Act, 1955 Was Obtained.

The petitioner, Sadiq Pasha, a licensed transporter of diesel and operator of SWS & Sons Petrol Bunk, challenged the FIR in Crime No.137/2022 register...

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Bombay High Court Quashes Seizure and Fine in Minor Mineral Transport Case — Tractor Carrying Murum for Filling Potholes Not Illegal Mining. Use of Tractor for Personal Purpose Without Royalty Receipt Does Not Attract Penalty Under Maharashtra Land Revenue Code, 1966.

The petitioners, Prakash Tumdu Chaudhari and Sujit Prakash Gujrati, filed a writ petition under Article 226 of the Constitution of India before the Bo...

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High Court of Karnataka Quashes Detention of Goods Under GST for Lack of Jurisdiction — Second Detention Without Proper Authorization Invalid. The court held that detention of goods under Section 129 of CGST Act, 2017 requires proper authorization and cannot be done without jurisdiction.

The petitioner, a transporter registered under the Central Goods and Services Tax Act, 2017 (CGST Act) and Integrated Goods and Services Tax Act, 2017...

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Bombay High Court Acquits Appellants in Murder Case Due to Unreliable Testimony and Lack of Corroboration — Conviction under Sections 302, 143, 144, 147, 148, 149, 120B IPC and Bombay Police Act Set Aside

The case pertains to the murder of Hanif @ Allabakshish Allauddin Shaikh on 07/10/2008. Nine persons were accused of offences under Sections 302, 143,...

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Bombay High Court Quashes FIR in Essential Commodities Act Case Due to Invalid Investigation by Assistant Commissioner of Police. Investigation by officer not of rank of Deputy Superintendent of Police violates Section 6A of Essential Commodities Act, 1955, leading to quashing of FIR and proceedings.

The petitioners, Sarvesh Kumar Shahi and Samiresh Kumar, filed a writ petition before the Bombay High Court challenging the initiation of proceedings ...

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High Court of Karnataka Acquits Accused in NDPS Case Due to Non-Compliance with Section 50. Failure to Inform Accused of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable Under Section 20(B)(ii)(b) of NDPS Act, 1985.

The appellants, Sardar S/o Hatiram Jadhav, Gyaneshwar S/o Baburao, Devidas S/o Balaji Chavan, and Vijaykumar S/o Bapurao Chavan, were convicted by the...

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Bombay High Court Allows Petition Challenging Rejection of Sonography Centre Registration Renewal for Violation of Natural Justice under PCPNDT Act. Civil Surgeon's Order Set Aside for Non-Compliance with Section 19B(4) and Failure to Provide Hearing.

The petitioner, Dr. Sadanand M. Ingle, a medical practitioner running a sonography centre at Khamgaon, challenged the order dated 21/12/2012 passed by...

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Bombay High Court Acquits Accused in NDPS Case Due to Non-Compliance with Sections 42 and 50 of NDPS Act, 1985. Failure to Record Reasons for Search and Non-Communication of Right to be Searched Before Gazetted Officer or Magistrate Renders Conviction Unsustainable.

The appellant, Dinesh Palyekar, was convicted by the Special Judge, Goa, under Section 20(b)(ii)(B) of the Narcotic Drugs and Psychotropic Substances ...

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Bombay High Court Dismisses Appeal by Complainant in NDPS Case Due to Non-Compliance with Section 42. Search Conducted Without Recording Information and Without Gazetted Officer or Magistrate Held Illegal, Acquittal Upheld.

The appeal was filed by the original complainant, an Assistant Collector of Central Excise and Customs, Pune, challenging the judgment and order dated...