Mere Passage Of Time During Pendency Of Appeal Cannot Be A Ground To Suspend Sentence And Grant Bail In NDPS Cases: SC [Read Order]

first_imgTop StoriesMere Passage Of Time During Pendency Of Appeal Cannot Be A Ground To Suspend Sentence And Grant Bail In NDPS Cases: SC [Read Order] LIVELAW NEWS NETWORK12 Sep 2020 12:32 AMShare This – x”There is no doubt that the rigors of Section 37 would have to be met before the sentence of a convict is suspended and bail granted and mere passage of time cannot be a reason for the same.”The Supreme Court has observed that mere passage of time during the pendency of the appeal cannot be a ground to suspend the sentence and grant bail in NDPS Cases.The rigors of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985, would have to be met before the sentence of a convict is suspended and bail granted, the bench comprising Justices Sanjay Kishan Kaul, Aniruddha…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Supreme Court has observed that mere passage of time during the pendency of the appeal cannot be a ground to suspend the sentence and grant bail in NDPS Cases.The rigors of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985, would have to be met before the sentence of a convict is suspended and bail granted, the bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari said even though it granted bail to the appellant in the instant case.Sheru, who was convicted under NDPS Act, has been in custody for almost eight years. He contended that despite the directions of  the Apex Court to treat the case at priority, the case has not yet reached for hearing. Opposing this plea, the Additional Solicitor General contended that the normal principle of a large period having already been served during the pendency of the appeal cannot be a ground to suspend the sentence and grant bail, in view of the stringent provisions of Section 37 of the NDPS Act. The ASG relied on a decision in Union of India v. Rattan Mallik @ Habul – (2009) 2 SCC 624. in which the Supreme court considered an appeal against the High Court order which granted bail on grounds including (ii) convict is in jail for the last three years and (iii) that there is no chance of his appeal being heard within a period of seven years. “In our opinion, the stated circumstances may be relevant for grant of bail in matters arising out of conviction under the Indian Penal Code, 1860 etc. but are not sufficient to satisfy the mandatory requirements as stipulated in sub-clause (b) of sub-section (1) of Section 37 of the NDPS Act.”, the Court had observed while setting aside the High Court order. Addressing these rival contentions, the bench observed:”We have given a thought to the matter and there is no doubt that the rigors of Section 37 would have to be met before the sentence of a convict is suspended and bail granted and mere passage of time cannot be a reason  for the same.”However, taking note of the Covid Pandemic Situation, the bench observed:”We are faced with unusual times where the Covid situation permeates. We are also conscious that this Court has passed orders for release of persons on bail to de-congest the jail but that but that is applicable to cases of upto seven years sentence. In the given aforesaid facts and circumstances of the case, we consider it appropriate to enlarge the appellant on bail on terms and conditions to the satisfaction of the Trial Court.”The court clarified that  the order has been passed in the given facts of the case and not to be treated as a precedent.Counsel: SHERU vs. NARCOTICS CONTROL BUREACase no.: CRIMINAL APPEAL Nos.585-586 OF 2020 Coram: Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna MurariCounsel: Sr.Adv. N.K.Mody , ASG S.V.Raju Click here to Read/Download Order[Read Order]Next Storylast_img read more

Continue Reading

Healthy approach will help fill gaps

first_img The ageing workforce poses significant challenges to the NHS. We cannot afford any form of age discrimination if we are to retain and get the best out of older staff. It is encouraging that most respondents to Personnel Today’s survey clearly believe that older workers have much to offer in terms of experience, efficiency and reliability. However, we must also pay attention to retaining younger workers and giving them opportunities to develop.The NHS is taking part in research to help us ensure that we are targeting our HR policies to the different needs of every segment of the workforce. And the Department of Health and the NHS have been participating in a major international programme called ‘Demography is Destiny’, led by Ken Dychtwald, author of The Age Wave.The programme was set up to address the workforce issues that will occur in almost all the developed countries over the next decade – as the post-war baby boomer generation approaches retirement age. This is a significant issue for the NHS as retirement from the nursing workforce is projected to grow steadily, and in 10 years’ time, the numbers retiring each year could be 10,000 higher than today.The solutions, which involve retaining older workers, maximising the effective use of scarce skills and tapping into new sources of recruitment both at home and abroad, will lead to growing diversity in the workforce. This will include older workers, many above the current retirement age, working alongside workers in their 20s or 30s.It became clear that the ‘one-size-fits-all’ employment packages, which we have today, would not produce the best results. So a second programme, ‘The Employer, Employee Equation’, has been de-veloping a diagnostic tool, which will identify the main segments of the workforce and the HR policies that are most likely to retain and motivate each of them.Already, the research has produced some significant insights. For example, the group showing the highest level of ‘burn-out’ is not the over-50s, but those in their 30s, juggling the demands of work, families and financial burdens. In fact, the over-50s – relieved of many of these burdens – are often those most open to new challenges.The NHS already has many of the tools in place through other programmes, such as ‘Improving Working Lives’ and the ‘Skills Escalator’. The review of the NHS pension scheme is also looking at ways to increase flexibility and encourage the retention of workers eligible for retirement.The benefits of this research and its diagnostic tool will be to enable managers to further target these measures to gain the maximum engagement of the workforce. Healthy approach will help fill gapsOn 26 Oct 2004 in Personnel Today Previous Article Next Article Related posts:No related photos. Comments are closed. last_img read more

Continue Reading

Home learning hindered by technology gap, Nadiem acknowledges

first_imgEducation and Culture Minister Nadiem Makarim has acknowledged that technological discrepancies between schools have reduced the effectiveness of home-based learning, a program launched to accommodate COVID-19 distancing measures.The minister said schools in certain regions were progressing slowly and were at risk of being unable to catch up to others academically. Other schools had taken to distance learning through the use of low- and high-tech tools.“We still need time to analyze the overall effectiveness of home-based learning. However, what we do know is we have a lot of anecdotal evidence about challenges surrounding the online learning process,” the minister said on Thursday. He said the effectiveness of home-based learning was related to the educational system’s comfort in adopting new technology.Nadiem said education technology was being adopted at an unprecedented rate as parents, teachers and students adjusted to the demands of distance learning under COVID-19.“It can heavily accelerate technology adoption in education in the future. This is a very encouraging trend.”Read also: Tips from parents on helping children study at home during COVID-19 outbreak Technology adoption remains a challenge for the Indonesian education system.A 2019 report issued by global mobile communications industry body GSMA demonstrated a wide digital gap between people living in urban and rural areas. About 45 percent of Indonesians live in rural areas.Indonesia has 170 million internet users. However, the government has said that digital literacy in Indonesia is still relatively low, causing hurdles for teachers, students and parents wanting to engage in a tech-based education.Nadiem said he believed there were many possible solutions depending on each school’s access to and adoption of technology. He said the government was investigating what would work.“When we return to school after this crisis, we’ll be able to scale up measures that we know are working for certain segments of our educational system,” the minister said.Topics :last_img read more

Continue Reading

Revelers set for Boracay Ati-Atihan fest next week

first_imgParish priest Reverend Father JoseRelente urged merrymakers to continue their devotion to Señor Sto. Niño despitehaving fun. Groups In the modern category includeBoradise, Simpleon, Martin Village, Bolabog Group, Maura’s Clan, Kanyugan,Golden Sun, Boraiders, Laking Angol, Heirs of Francisco and Ma. ChristinaSacapano Zone 7 Manggayad, Boracay Island Water Company, and the Bamboo BeachResort, among others.    The participating groups includeDin-iwid Tribe, Dumaan Tribe, Tribu Yapak, Pinaungon Tribe (Mga Inapo niJuanito), Tribu Hagdan, and the Boracay Ati Tribal Organization in the“Balik-Ati” category with the Boracay Tumandok Tribe in the tribal category. Devotees mark religious activitieslike novena masses which this year is being held at Our Lady of the Most HolyRosary Parish Church in Barangay Balabag from Jan. 3 to Jan. 11 with “hornada”and the ringing of the church bell.    BORACAY – Revelers and tourists inthis world-famous island will celebrate the Ati-Atihan Festival next week.    On Jan. 12, the festivity will kickoff with a motorcade and fluvial parade from Cagban in Barangay Manoc-Manoc tothe Balabag Parish Church (Boat Station 1). This will be followed by a mass at6 a.m. and a “High Mass” at the Barangay Balabag plaza. center_img Meanwhile, the “sadsad” of varioustribes will highlight the festivity in the island. The festival will gather crowds in theisland’s White Beach in honor of Señor Sto. Niño on Jan. 11 to 12. Dumaan Tribe joins the Ati-Atihan Festival in Boracay Island, Malay, Aklan in this undated photo. Various tribes and revelers in this world-famous island are set to celebrate the festivity on Jan. 11 to 12. CARPENTERO IZAI LAB A solemn procession of the images ofSeñor Sto. Niño and a mass on Jan. 12 will culminate the annual celebration.(With a report from Akean Forum/PN)last_img read more

Continue Reading

Manipur’s Thounaojam Kritina Devi all set to be part of the FIFA U-17 World Cup

first_imgImphal: It looks like it runs in the family — playing football. Manipur’s Thounaojam Kritina Devi will be the third footballer from the same family to feature in a FIFA U-17 World Cup.Her cousins Kiyam Amarjit Singh was the India captain in the men’s FIFA U-17 World Cup the country hosted in 2017 while Thounaojam Jeakson Singh was the lone scorer in that tournament and hence the only Indian to have scored a goal in a World Cup.The trio belongs to the remote village of Haokha Mamang in Manipur’s Thoubal district.Now Kritina is all set to carry forward the family legacy and be part of the women’s team for FIFA U-17 World Cup.Of course, Kritina had her share of obstacles including her farmer father who was not really happy when she started playing football and had initially opposed the whole idea.The women’s FIFA U-17 World Cup is slated for February-March next year.”My father is a farmer and mother a housewife. We have a small piece of agricultural land and we are mostly surviving on that. But football is in my blood and I began playing when I was a 10-year-old,” Kritina said in an interview.As Kritina continued to rise to represent the country, her parents began warming up to her choice.It is to be mentioned here that Kritina was a key member of the Indian team in the 2019 Three-Nation Tournament where she scored the match-winner against Thailand to set up the summit clash against Sweden. India lost the final 0-4.ALSO WATCH: Watch: What Arunachal Pradesh CM Does to Beat the Stress, Stay Fitlast_img read more

Continue Reading