Sunday 8 February 2015

SUPREME COURT

Ram Singh vs Central Bureau Of Ivestigation

CRIMINAL APPEAL NOS.451-452 OF 2005


Criminal case - Possession of contraband - Whether in the state of evidence appellant can be held guilty for possessing the opium only on the ground that he brought the opium from the house of the owner to the hotel? - It is trite that to hold a person guilty, possession has to be conscious - Control over the goods is one of the tests to ascertain conscious possession so also the title - Once an article is found in possession of an accused it could be presumed that he was in conscious possession - Possession is a polymorphous term which carries different meaning in different context and circumstances and, therefore, it is difficult to lay down a completely logical and precise definition uniformly applicable to all situations with reference to all the statutes - A servant of a hotel, in our opinion, cannot be said to be in possession of contraband belonging to his master unless it is proved that it was left in his custody over which he had absolute control - Applying the aforesaid principle when we consider the facts of the present case it is difficult to hold that opium was in possession of the appellant - Title to the opium vested in the owners of the hotel.

HIGH COURT OF ANDHRA PRADESH: - SECTION 13 OF THE SECURITIZATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002


In the case of India Finlease Securities Limited, Chennai, Vs. Indian Overseas Bank
AIR 2013 AP 10 it was held that "It is clear that where the borrower fails to discharge the liability of the secured creditor within sixty days of notice as provided in sub-section (2) of Section 13 of the Act, under sub-section (4) the secured creditor may take possession of the secured assets of the borrower including the right to transfer by way of lease, assignment or sale for realizing the secured asset and has also power to take over the management of the business of the borrower including the right to transfer by way of lease, assignment or sale for realizing the secured asset. Therefore, the 'sale' contemplated under subsection (8) of Section 13 is by way of transfer of the secured asset."


Environment Laws in India

Men are both creator and builder of this environment, which gives him physical sustenance, protection and affords every human an opportunity for physical, moral, social and spiritual growth. In the long and tortuous evolution of the human race on this planet a stage has been reached when, through the rapid industrialization, modernization and globalization, there has been an acceleration of science and technology. Man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man's environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights the right to life itself.[1]
Man must plant his actions in such a way that they do not cause degradation of environment. Proper and prudent care should be taken to protect the environment and abate the environmental pollution. All these centuries the actions of man caused massive and irreversible damage to the environment.[2] Man cannot afford to cause harm to the earth or to its biodiversity as he has to live here on earth. He cannot afford to dig his own grave. With an understanding between the developed and developing countries, with advanced technical knowledge man can achieve for himself and to the posterity better environment. What is needed is an enthusiastic but calm state of mind and intense but orderly work. For the purpose of attaining freedom in the world of nature, man must use knowledge to build, in collaboration with nature, a better environment.[3] To defend and improve the human environment for present and future generations has become an imperative goal for mankind-a goal to be pursued together with, and in harmony with, the established and fundamental goals of peace and of worldwide economic and social development.[4]
A country should adopt relevant environmental safeguards, designed to protect their limited resources. India too adopted several provisions, they are:

 The Wild Life (Protection Act), 1972 came into existence in the month of September, after the UN General Assembly Conference on Human Environment in June 1972, it is not in compliance with the principles laid down at the conference. This Act was amended in 1991 and in 1996. The Rules came into being in 1995. Under this Act every State has to constitute a Wild Life Advisory Board. Certain areas are to be declared as sanctuaries and National Parks. This is Act is basically for the protection of animals, plants and birds which live in forests. Hunting of the wild animals is permitted only when such animals become dangerous to the human beings or it becomes diseased beyond recovery.[5]

  Water (Prevention and Control of Pollution) Act, 1974. The objective of the Act was to provide for the prevention and control of water pollution and the maintaining or restoring of wholesomeness of water and establishing Boards for the Prevention and Control of Water Pollution for carrying out these purposes and conferring on and assigning to such Boards powers and functions relating thereto and for matters connected therewith.

This Act was followed by the Water (Prevention and Control of Pollution) Cess Act, 1977. The objective of this Act was to levy and collect cess on water, which was consumed by persons carrying on certain industries and by local authorities with a view to augment the resources of the Central Board and the State Boards for the prevention and control of water pollution. The objective of the Act was to provide prevention, control and abatement of air pollution .This Act basically aimed at the industrial pollution and automobile pollution.

Environment (Protection) Act came in to existence in 1986, after 14 years of Stockholm Conference on Human Environment. The environment protection act has been created with following objectives:
 1. Protection of the environment
 2. Improvement of environment
3. Prevention of hazards to human beings, other living creatures, plants and property.

This is an umbrella legislation, which covers rules and regulations dealing with the environmental protection are the subsidiaries of this Act. It relates to the protection and improvement of environment and the prevention of hazards to Human beings, other living creatures, plants and property.[6]

Besides the enactment of these acts, several constitutional safeguards have also been enunciated under the constitution of for the protection of environment.
Article 14 of the Indian Constitution envisages that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This corroborates with the Principle 1 of UN conference on Environment.  Article 14 provides for fundamental right to freedom, equality and adequate conditions of life, in an environment of aquality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations.[7]
48A. Protection and improvement of environment and safeguarding of forests and wild life. The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country.
Article 51 A (g) guaranteed to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures.





[1]  Leelakrishnan, Environmental Law in India, Lexis Nexis Butterworths Wadhwa, Nagpur, Third Edn., 2008.
[2] http://www.unesco.org/mab/mabProg.shtml
[3] Law relating to Environmental Pollution and Protection: Dr. N. Maheswara Swamy p. 107
[4] http://greenbusinesscentre.com/environlegis.asp
 [5] http://greenbusinesscentre.com/environlegis.asp
[6] Shyam Divan & Armin Rosencranz, Environmental Law and Policy in India, Oxford University Press, Fifteenth Impression, 2013.
[7] UN Conference on Human Environment held at Stockholm between5th -16th June, 1972.