Summary of Six Judgments dated 17.4.2023 of the Supreme Court of India

1. I.       Discretionary quota of the Government – allotment of government plot to the Social Worker – Illegal –  Civil Appeal No.5564 of 2009 – Improvement Trust, Ropar Vs. Shashi Bala and another
2. Section 391 of Code of Criminal Procedure – Additional evidence at the appellate stage  to summon and record evidence of Ajay Pal Lamba, posted as Deputy Commissioner of Police (West), Jodhpur, pending appeal against conviction and sentence – Application did not fulfil the tests – Criminal Appeal No.1156 of 2023 – State of Rajasthan Vs. Asharam @ Ashumal  was allowed.

III.     Demand of Bribe – No circumstantial evidence – Offences under Sections 7 and 13(2) read with section 13(1)(d) not established – Demand and acceptance are essential to prove offence of obtaining pecuniary advantage by corruption means – Appellant – accused acquitted – Appeal allowed Criminal Appeal No.1592 of 2022 – Soundarajan Vs. State rep. by the Inspector of Police Vigilance Anticorrruption Dindigul.

1. Charge under Section 464 of Cr PC – Omission to frame proper is never fatal unless there is failure of justice – Omission to frame proper charge in respect of demand and acceptance of bribe has not resulted in prejudice to the right of the accused to defend –  Criminal Appeal No.1592 of 2022 – Soundarajan Vs. State rep. by the Inspector of Police Vigilance Anticorrruption Dindigul.
2. Conviction of vendor under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954, for purchase of pan “Pan Parag” having written warranty from manufacturer through invoices in sealed packaged condition and sold to the customers – Vendor is entitled to protection under Section 19(2)(a) of the Act since packed item sold by him had a written warranty from the manufacturer – Appeal allowed and conviction set-aside.            Criminal Appeal No.982 of 2023 – M/s. Sri Mahavir Agency and another Vs. The State of West Bengal and another
3.  Disqualification of elected Member of Zilla Parishad – Soon after election son was registered as contractor – No record to show separate residence except a ration card Tender awarded to the son – Misuse of elected post for gaining undue personal financial benefit – All eventualities were included in section 16(1)(i) of the Maharashtra Zila Parishads and Panchayat Samitis Act, 1961, where the elected member can be said to have any financial connection with the work of Zilla Parishad – Disqualification upheld and the appeal dismissed. Civil Appeal No.1715 of 2023 Virendrasing Vs. The Additional Commissioner and others