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We would have definitely considered the plea for bailonly on the ground that the petitioner is in judicial custody asan under trial prisoner past more than eight years, however,what has deterred us in exercising our discretion are theantecedents of the petitioner of the very same nature with whichhe has been charged with in the presence case. {Para 2}S U P R E M E C O U R T O F ...

We are in full agreement with the view taken in Biswajit Dey   MANU/SC/0035/2025 : 2025:INSC:32 : (2025) 3 SCC 241 since Sub-section (1) of Section 63 provides that whether the Accused is convicted or acquitted or discharged, the Court shall decide whether any Article or thing seized under this Act is liable to confiscation Under Section 60 or Section 61 or Section 62 and that i...

Therein the learned judges also contemplated four scenarios in which contraband is seized from a vehicle. The first of which was the owner itself being in possession of the vehicle and the drugs; then, the owner's driver or cleaner, thus his agents being in possession; third, if the vehicle had been stolen and; last, when a third party in the vehicle is found in possession. It w...

The view taken by the High Court of Madras in Nahoorkani1 runs counter to the view of this Court in Biswajit Dey v. State of Assam   MANU/SC/0035/2025 : 2025:INSC:32 : (2025) 3 SCC 241. On reading the NDPS Act, this Court was of the view that the vehicle in which the contraband is alleged to have been found carried, can be confiscated by the Trial Court only on conclusion of the...

The calculation of functional disability depends on assessing the victim’s earning capacity in the open, competitive market, rather than on retention in a specific, highly accommodated role. Evidence before the High Court, specifically the Career Growth Letter dated 06.02.2018 from her employer, confirmed that the Claimant lost out on her normal career growth and promotional pro...