NDPS Act – Bail – Commercial Quantity – Grounds of Arrest – Compliance with Article 22(1) – Search at Night – Inventory/Sampling – Section 37 Rigour – Held: Grounds of arrest duly communicated prior to remand; seizure indicates commercial quantity (31.78 g MDMA); quantitative test delay immaterial; Section 37 bar applies – Bail rejected [Paras ...
NDPS Act – Bail – Section 27A – Illicit Traffic – Misuse of Provision – Bail Allowed – Petitioners, one seeking anticipatory bail and the other regular bail, were arraigned under Section 27A NDPS Act based solely on recovery of heroin (5g and 21g) and INR 1000 in cash – Court found that the investigating agencies invoked Section 27A without prima facie evi...
Criminal Law – Bail – SC/ST (PoA) Act – Delay in Filing Complaint – Appellant accused of repeated sexual assault and offences under BNSS, IT Act, and SC/ST Act – FIR lodged after nearly two years of alleged incident – Charge sheet not filed even after 60 days of arrest – Appellant in custody – Held: Delay in filing FIR unexplained – No further ...
PMLA – Bail – Section 19 Compliance – Twin Conditions under Section 45 – Arrest Valid – Suppression of Material Facts – Bail Rejected – Petitioner alleged mastermind of ₹6210.72 crore laundering scheme through shell companies and benami assets – Arrest preceded by written “reasons to believe” and grounds communicated – Sec. 19(2) ...
Anticipatory Bail – Political Motivation – Petition under Section 482 read with Section 528 BNSS seeking blanket protection from arrest due to political hostility arising from petitioner’s mother contesting assembly bye-election – No FIR registered at time of filing – Apprehension of arrest held speculative – Held: Pre-emptive blanket bail not maintainable in ab...
NDPS Act – Bail – Commercial Quantity – Section 37 – High Court granted bail without addressing incriminating circumstances, prior linked seizure, or recording mandatory satisfaction under Section 37(1)(b) – Held: Orders unsustainable – Remanded for fresh consideration; interim bail to continue till reconsideration [Paras 15–22].
Bail – NDPS Act &...
NDPS Act – Bail – Commercial Quantity – Stringent conditions – Petitioner, a foreign national, caught with 416 grams of MDMA (commercial quantity) – Bail sought on ground that grounds of arrest not communicated in writing as required under Article 22(1), Section 47 BNSS and Section 52(1) NDPS Act – Held: Arrest memo signed and explained in English; communication...
Criminal Law – Bail – Triple Murder – Criminal Conspiracy – Denial of Bail – Appellant, brother-in-law of late Atiq Ahmad, sought bail in connection with the daylight murder of witness Umesh Pal and two police guards – Allegation that appellant financed, sheltered, and conspired with co-accused including Guddu Muslim – Co-accused statements under Section 1...
Criminal Law – Bail – Cancellation of Bail – Standards of Proof – Allegation of Witness Tampering Not Corroborated – Bail of Accused No.19 (a former investigating police officer) cancelled by trial court based on a complaint by CW-42 alleging inducement – High Court held that cancellation of bail requires proof on preponderance of probabilities, not beyond reaso...
Criminal Law – Bail Cancellation – Pre-arrest Bail – Relationship and Misuse of Liberty – Respondent No. 2 granted pre-arrest bail in FIR under Sections 376, 506, 323, 34 IPC based on allegations of sexual assault over a prolonged period – Trial Court found prolonged relationship, absence of early complaint, and lack of evidence of coercion as relevant factors –...