NDPS Act – Bail in Commercial Quantity Cases – Prolonged Incarceration as a Ground – The petitioner was charged under Sections 8(c) r/w 22(c) and 29 of the NDPS Act for allegedly facilitating drug trafficking by arranging accommodation and making financial transactions – Two previous bail applications were rejected due to prima facie involvement and statutory embargo under ...
Bail under NDPS Act – Commercial Quantity – Conscious Possession – Applicant sought bail in a case involving seizure of 1880 grams of MDMA, well above the commercial quantity threshold of 10 grams – Prosecution established that the applicant inquired about the parcels containing contraband, attempted to collect them while concealing his identity, and fled upon sensing law e...
Bail – Offences Under BNS & JJ Act – Principles for Granting Bail – Petitioner accused of kidnapping a 15-year-old girl, taking her to different locations, and intoxicating her—Prosecution contended that petitioner was involved in an NDPS Act offence—Held: The only non-bailable offence alleged is Section 77 of the JJ Act, which carries a maximum punishment of 7 ye...
NDPS Act – Bail – Stringent Conditions under Section 37 – The accused was found in a passenger bus with a carton containing heroin concealed inside an inverter—Held: Under Section 37 of the NDPS Act, bail cannot be granted unless the Court is satisfied that the accused is not guilty and is unlikely to commit any offence while on bail—No prima facie material establishi...
Criminal Law – Bail – Offences under Sections 504, 506 IPC and Section 3 read with Section 5 of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021 – Petitioner accused of forcibly converting a mentally challenged minor to Islam – High Court denied bail citing seriousness of allegations – Supreme Court granted bail citing prolonged custody and l...
False Information to Authorities – Section 58(2) of the NDPS Act – Disproportionality in Sentencing – Petitioner accused of providing false information to authorities, leading to the arrest of an innocent woman (Sheela Sunny) under Section 22(c) of the NDPS Act – Held: False implication in NDPS cases can have devastating consequences; penalties for such false accusations mu...
Money Laundering – Bail Application – Role in Proceeds of Crime – Applicant sought regular bail after being charged for his involvement in the money laundering activities of the "Mahadev Online Book" betting syndicate – Prosecution alleged that the applicant actively facilitated operations, including managing funds, handling visas for associates, and holding asset...
Criminal Law – Anticipatory Bail – Section 14A of SC/ST Act, 1989 – Maintainability – Petitioners sought anticipatory bail for offenses under IPC and SC/ST Act – Respondent argued bar under Sections 18 and 18A of SC/ST Act on anticipatory bail – High Court held that where allegations prima facie disclose offenses under the SC/ST Act, anticipatory bail petitions ...
Bail in NDPS Cases – Prolonged Incarceration – Section 21 and 29 of NDPS Act – Bail Granted – The petitioner, accused of possessing intermediate quantity of contraband, has been in custody for over one year and three months, with trial expected to take considerable time – Out of 23 prosecution witnesses, only four have been examined, with delay not attributable to the...
Bail Application – Offenses under Bharatiya Nyaya Sanhita and Motor Vehicles Act – Applicant arrested for rash driving under the influence of alcohol (42.5% BAC), evading checkpoints, and damaging public property – Charged under Section 110 of the Bharatiya Nyaya Sanhita (non-bailable), along with bailable offenses under the Bharatiya Nagarik Suraksha Sanhita and Motor Vehicles A...