Service -- Termination of service - Service of Constable in Police Department terminated who concealed certain relevant facts which he was called upon to disclose after his selection was finalized and after order of appointment was issued by placing him on probation - Conflicting decisions of coordinate Benches - Matter referred to larger Bench for an authoritative..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 4, 7, 7A(2), 7(c), 7(d), 7(e), 7(f), 7B, 37, Constitution of India, 1950, Article 47 -- Drug addict but not a drug peddler or smuggler - Drug addict is a psycho-socio-medical problem - Efforts should be made to rehabilitate the addicts - In cases of drug addicts State directed to provide treatment as alternative..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4 -- Dishonour of cheque - Conviction - Release on probation - While convicting accused for offence u/s.138 of N.I. Act, Magistrate ordered for his release by extending the benefit u/s.4 of Probation of Offenders Act - Held, while granting benefit of S.4 of the Act, it is not incumbent..........
Probation of Offenders Act, 1958, Section 4 -- Release on probation - Selling of adulterated ghee - Conviction - Accused already suffered agony of protracted trial for more than one decade - He already undergone sentence for one month and 27 days - No other case is pending against him - He is a first time offender and he also left business of selling ghee - Huge..........
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, 53, Indian Penal Code, 1860, Section 376 -- Rape - Juvenile - Denial of bail on the basis of report of Probation Officer that release of accused is likely to bring him into association with any known criminal or expose him to moral, physical or psychological danger or that his release would defeat..........
Criminal Procedure Code, 1973, Section 357 -- Probation - Grant of - Petitioner/accused had neither pleaded benefit of probation at the time of arguments on sentence before trial Court nor before appellate Court - Held, plea as to grant of probation is to be taken at the earliest opportunity - Petitioner/accused failed to do so - Probation cannot be granted...........
Probation of Offenders Act, 1958, Section 4, Arms Act, 1959, Section 3, 25 -- Conviction - Appeal - Release on probation - Appellant convicted u/s 3/25 of Arms Act and sentenced to undergo R.I. for six months - Matter relating to 24 years back - Age of appellant more than 60 years - Held, conviction maintained - Accused released on probation - Appeal partly allowed...........
Probation of Offenders Act, 1958, Section 4, Criminal Procedure Code, 1973, Section 360, Essential Commodities Act, 1955, Section 7 -- Economic Offence - Accused, a black-marketeer, found in possession of 1370 litres of blue kerosene and indulging in unauthorized sale thereof - Accused convicted u/s 7 of Essential Commodities Act and sentenced to one year and fine of..........
Service -- Probation - Confirmation - Service after expiry of maximum period of probation - Cannot be taken to be deemed confirmation when rules provide 'if confirmed' - Held, rule envisages affirmative or positive act of employer requiring confirmation order to be passed - Employer can thus terminate services of probationer employee without enquiry...........
Probation of Offenders Act, 1958, Section 4, Indian Penal Code, 1860, Section 323,325,34 -- Probation - Offence u/ss 323, 325, 34 IPC - Conviction - Release of accused on probation - Accused a first offender and also a government employee - Not convicted or sentence in any other case prior to this offence - Grievous injury caused on non vital party of body - Occurrence..........
