ranjan das 30 May 2025

Legal clarifications on summons under crpc/bnss, land acquisition hearing continuity, and highway al

Greetings, I need some guidance regarding the summon of 107/116 CrPC (126/135 BNSS) Can it be challenged in the court of sessions?
If a particular CALA conducts a hearing on the objections under Sec 3C of Land Acquisition but moves out of his office without passing any order... Does the new CALA who comes in his place have to conduct the hearing again? Also, Is the there any judgement on not planning the alignment of highways in between 2 schools as it will be against noise pollution rules (SilenceZone) / environmental Clearance.
Suppose A person was caught on 21/08 at 2.00pm Rander police station jurisdiction area basis on secret information, during the raid 'A' says to police that he had got contraband (charas) from B and C. Same Police Persons Raid at 'B' & 'C’ location (Jurisdiction of Dumas Police Station) suggested by 'A' without warrant and authorization at 8.00PM. Further no separate reason in writing was submitted to higher officer but reason was noted in FIR and Panchnama. Raiding officers have a Police Inspector which is Gazetted officer. Raiding officers belongs to SOG police station and they says that they are not required to maintained the Station diary. They submitted seized contraband (recovered from A,B,C) to Rander police station and Fir registered with Rander Police station. In above facts: Q.1Information given by accused A required to be noted in writing and sent to a higher officer? (section 41 and 42 of ndps act) Q.2What are the registered maintained by the police for seal, seized articles, secret information, lock-up register ? (which register we should see as checklist for cross-examination)? Q.3 Where should contraband be submitted, Rander Police Station or Dumas Police Station? ( Section 52, 55,57 of ndps act)

2 Replies

T. Kalaiselvan, Advocate (Advocate) 30 May 2025

1. Sections 126 and 135 of the Bharatiya Nyaya Sanhita (BNS) can be challenged in court. These sections, along with Section 130, are used for taking preventive action to maintain public order and prevent breaches of the peace. Individuals against whom notices or orders are issued under these sections can challenge them in court, potentially seeking to quash the proceedings or the notice itself.

2. The new presiding officer, if decides to conduct fresh enquiry befoe passing any order, it cannot be said to be an infirmity.You can look for the desired judgments through internet or approach your advocate for that..

3. A bunch of questions raised in this paragraph appear to be academic or hypothetical, you can discuss with your own advocate about, if you have one.