Legal Reference Library

The Bombay High Court in Saquib Abdul Hamid Nachan vs  The Superintendent, Central Jail has dismissed a writ petition filed by Mulund blast convict Saquib Nachan. A bench of Justice Ranjit More and Justice Anuja Prabhudessai was hearing Nachan’s petition wherein he sought the period of detention undergone by him in the MCOC case to be set off against the sentence of imprisonment in POTA case. In the case of Atul Manubhai Parekh vs Central Bureau of Investigation, the apex court had held that under Section 428 of CrPC, the question of merger of sentence does not arise and the period of set-off is in respect of each separate case and the detention undergone by accused during investigation or trial of such case. The court then referred to the case of Sanjay Shriram Gondchar vs State of Maharashtra, wherein another division bench of the high court held that petitioner is not entitled to get period of undertrial imprisonment suffered in one case for set off against the sentence to...

The Delhi High Court in Jatinder Kumar Sachdeva vs. The Union Of India And Ors, has clarified that when goods are seized/confiscated, the Customs Department must give a show cause notice under Section 124(a) of the Customs Act, 1962 (the ‘Act’) within six months or within the extended period of further six months, otherwise the goods have to be released to the person from whom they have been seized. Jatinder Kumar arrived from Dubai at IGI Airport Terminal T-3 and was intercepted by Customs officials at the exit gate where he was questioned for detainable goods being in his possession. His gold kara (bracelet) was seized on 11th Februar,y 2015, on the ground that it was imported from Dubai. Kumar sought release of the gold kara along with supporting documents to show that the said kara was his ancestral jewellery and was owned by him even before leaving for Dubai. His representation was not accepted and the kara had not been released till date. Kumar contended that since the Customa au...

The Supreme Court has said that a habeas corpus plea, relating to legality of arrest, detention or imprisonment of a person, has to be given “immediate attention” and steps should be taken to decide it forthwith. The apex court said this while asking the Lucknow bench of Allahabad high court to decide within four weeks the plea by a man, who is the working president of Akhil Bharat Hindu Mahasabha and has been “detained” for allegedly issuing a press release containing inflammatory language against the Prophet. “We are sure that the high court shall be alive to the same and dispose of the habeas corpus writ petition within four weeks hence,” a bench of justice Dipak Misra and justice C Nagappan said. “When we say that it shall be disposed of within four weeks, it means that the matter shall be heard and the judgement shall be delivered within the said period,” the bench said. Petitioner Kamlesh Tiwari had approached the apex court seeking a direction to the authorities concern...