LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Unlawful Possession Cannot Be Defended On The Ground That The Eviction Clause Is Prospective In Nature: Orissa HC

  • In Sashibhusan Das vs Lord Lingaraj Mahaprabhu and anr. the Hon’ble Orissa HC has observed that an unlawful possession of property, which does not bestow any right, cannot be defended only on the ground that the legislation, which authorises eviction is prospective in operation. 
  • The instant writ petition was filed against the order of the Commissioner of Endowments, Orissa, Bhubaneshwar ( hereinafter called the Opposite Party No. 2 (OP 2)) on 18th March, 2009 under section 25 of the Orissa Hindu Religious Endowments Act, 1851 ( OHRE Act), on the ground that the impugned decision was bad in law for it treated his possession as unauthorised by applying a law which is prospective in nature. 
  • Section 25 of the OHRE Act states that if there has been an unauthorised possession of any immovable property belonging to or given or endowed for the purpose of any religious institution, the Commissioner may, after summary inquiry, require the Collector to deliver the possession of the same to the trustee of the institution or any person discharging the functions of the trustee.
  • The Counsel for the petitioner contended that the eviction under section 25 of the OHRE Act could not have been initiated because the possession is much prior to the date of commencement of the amended Act, which is 2nd March, 1981. 
  • Relying upon the decision of the Orissa HC in Duryodhan Samal vs Uma Dei and ors (1985) the Counsel for the petitioner argued that the amended Act is prospective in nature and thus cannot be applied retrospectively considering that the possession of the petitioner precedes the date on which the amended Act came into force. 
  • It was also argued that the original tenant had the continued possession till the property reached the hands of the petitioner by way of a sale and purchase. Since the occupation had been continuous and with the permission of the Commissioner, the eviction could not be directed. 
  • The Court, while dismissing the writ petition, observed that the proceedings under section 25 of the OHRE Act before the Commissioner were maintainable and that the same could not be nullified merely on the ground that the amended Act could be applied only prospectively. 

Clean Chit To Aryan Khan In Drugs Case! NCB Says No Drugs Found In His Possession

  • The Narcotic Control Bureau SIT has submitted its chargesheet in the 2021 Cordelia Cruise Ship Drug Case and has given a clean chit to Aryan Khan, and 5 others.
  • In it’s press note, the NCB has said that based on the investigation carried out by the SIT, a complaint against 14 persons under the NDPS Act is being filed. Complaints against the rest of the 6 persons are not being filed due to lack of evidence. 
  • The press note also said that all the accused persons were found in possession of the narcotics except Aryan and Mohak.
  • On 3rd October, 2021 the NCB had arrested Aryan Khan along with several others following an alleged drug bust where the Cordelia Cruise Ship was docked. Though nothing was found on Aryan Khan, his friend Arbaaz Merchant was allegedly found in possession of 6 grams of charas. 5 grams of hashish was also recovered from one Munmun Dhamecha. 
  • They were booked under sections 8, 20, 27, 28, 29 and 35 of the NDPS Act. 
  • While granting bail to Aryan Khan and the other two vide its order dated 28 October, 2021, the Bombay HC observed that there was no prima facie evidence on record to show that Aryan Khan and his friend Arbaaz Merchant conspired to commit offences under the NDPS Act. 
  • A panch witness in the case by the name of Prabhakar Sail had made startling allegations about extortions and payoffs involving KP Gosavi, the IO and the then NCB Mumbai Zonal Director Sameer Wankhede and others, in a notarised affidavit. It was due to these allegations that the case was transferred to a SIT of the NCB in Delhi. 
     
"Loved reading this piece by Shweta?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"




Tags :

  Views  22  Report



Comments
img
Post a Suggestion for LCI Team
Post a Legal Query