Criminal Appeal – Bail Application – Offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 – Application for bail under Section 439 CrPC – Alleged involvement of the Applicant in drug trafficking – Recovery of commercial quantity of contraband – Conspiracy with co-accused persons – Interpretation of Section 37 NDPS Act – Admissibili...
Criminal Appeal – Anticipatory Bail – Denial of anticipatory bail and direction to surrender before the Court for regular bail – Appellant aggrieved by the High Court’s order – Peculiar nature of the impugned order warranted further consideration – Special leave granted. [Para 1]
Personal Liberty – Importance of personal liberty in the context of applyi...
Criminal Appeal – Bail – Unlawful Activities (Prevention) Act, 1967 – Indian Penal Code, 1860 – Appellants sought bail in cases relating to charges under UAPA and IPC – Examination of materials and evidence presented by prosecution – Assessment of whether reasonable grounds exist to believe accusations against appellants are prima facie true – ...
Brief Facts: Petitioners were charged under the NDPS Act for involvement in drug trafficking and were seeking bail (Para 1-3). Allegedly caught with significant quantities of drugs based on secret information, they have been in custody since 04.05.2020, and their trial has made slow progress (Para 3).
Issues: Whether the petitioners can be granted bail based on the circumstances of th...
Anticipatory Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15, 18, 20, 21, and 22 - False FIR - Malicious intent - Lack of supporting evidence - Petitioner's history of fabricated cases - Secret information provided to the police - Petitioner's house found locked, no incriminating substances recovered - Grant of Anticipatory Bail under Section 438 of Cr.P.C - Petit...
Bail application under Section 439 of CrPC read with Section 37 of the NDPS Act – Applicant seeks regular bail in a Sessions Case pending before the Special Judge (NDPS), Patiala House, New Delhi – Allegations involve trafficking of contraband – Applicant’s identity allegedly misused by co-accused – Statements, mobile phone messages, and seizure of contraband form the...
Bail Application under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) - Petitioner seeks bail in a case registered under Section 376 of the Indian Penal Code, 1860 (IPC) and Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) - Allegations of sexual assault on a six-year-old victim - Medical evidence prima facie supports prosecution's case - Defense claim...
Criminal case – Bail – Petitioner filed for regular bail in FIR No. 148, dated 27th June 2021, under Sections 15, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Petitioner seeks parity with co-accused who was granted regular bail in a previous case (Para 1 and 2).
False Implication Allegation – Petitioner’s counsel alleges that ASI Jagtar ...
Criminal Procedure Code – Section 438 – Bail application – Allegations of derogatory comments posted on Facebook against religious figures – Sections 295-A, 153A, and 505(2) IPC – Freedom of expression – Religious sentiments – Communal harmony – Law and order concerns – Dismissal of bail application. (Para 2 to 6, 30 to 31, 34 to 38, and 40).
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Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 - Bail application - Grant of Bail - Prolonged incarceration - Slow pace of trial - Balance between accused's right to liberty and societal interest - Constitutional parameters - Right to speedy trial - Stringent bail conditions - Prima facie determination of guilt - Special enactments - Right under Article 21 of the Constitutio...