Criminal Law - Judicial Remand Extension - Constitution of India - Article 21 - Special Judge extended remand of petitioner-accused up to 251 days from first remand date without securing presence of accused physically or virtually and without informing him of the extension application - Petitioner challenged the extension order as violative of Article 21 - High Court observed that failure to procu...
Criminal Law - Anticipatory bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 15, 29 and 37 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 482 - Code of Criminal Procedure 1973 - Section 438 - Petitioner sought anticipatory bail in two separate NCB crimes involving recovery of commercial quantities of opium, methamphetamine, and heroin - Petitioner contended false implicat...
Criminal Law - Narcotic Drugs - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 20 - Appellant convicted for carrying 1.5 kilograms of Charas in a blue bag at Panipat bus stand - Trial Court convicted appellant to rigorous imprisonment for ten years with a fine of Rs 1 Lac - High Court evaluated evidence and noted that minor discrepancies in official testimonies do not vitiate the pr...
Criminal Law - Regular Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 21-B, 21-C, 27-A, 29, 37, 61 and 85 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483 - Petitioner sought regular bail in FIR involving recovery of 351 grams of heroin and drug money - Petitioner was nominated as an accused solely on the disclosure statement of co-accused Jora Singh - No recovery of ...
Criminal Law - Bail - NDPS Act 1985 - Sections 27-A and 52(1) - Constitution of India - Article 22(1) - Petitioner nominated as accused based on disclosure statements of co-accused regarding financial transactions to finance illicit trafficking - No direct recovery of contraband from petitioner - Petitioner contended that grounds of arrest were not communicated in writing either to her or her rela...
Criminal Law - Narcotics - NDPS Act 1985 - Sections 15 50 and 52A - Appellant convicted for possession of 80 kilograms of poppy husk found in four bags - Trial Court convicted and sentenced appellant to 10 years rigorous imprisonment - Appellant challenged conviction citing non compliance of Section 50 regarding personal search and Section 52A regarding drawing of samples before Magistrate along w...
Writ Law - Preventive Detention - PIT NDPS Act 1988 - Section 3(1) - Challenge to detention order passed by the Principal Secretary to Government against the husband of the petitioner based on six grounds of illicit traffic in Narcotic Drugs - Petitioner contended that for Ground Number 6 the detenu was in judicial custody and the detaining authority failed to record satisfaction regarding the imm...
Criminal Law - NDPS Act 1985 - Sections 8 and 21 - Non-compliance of procedural safeguards - Appellant convicted for possession of 100 grams of smack recovered from his water bottle - Trial Court sentenced appellant to 14 years rigorous imprisonment which was affirmed by High Court - Appellant challenged conviction arguing non-compliance with Sections 50 and 52A of NDPS Act and hostile independent...
Criminal Law - Drugs and Cosmetics - Drugs and Cosmetics Act 1940 - Sections 18(a)(i) and 27 - Code of Criminal Procedure 1973 - Section 468 - Quashing of complaint - Petitioner-manufacturer sought quashing of complaint and summoning order for manufacturing drug Zextil 200 which failed the dissolution test - Sample drawn on 02.08.2014 and test report dated 25.11.2014 declared drug as Not of Standa...
Criminal Law - Narcotics - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 22(c) 29 37 42 and 43 - Search and seizure - Mandatory procedure - Private vehicle - Night search - Accused No 1 was intercepted in a Baleno car at 9:40 PM and found in possession of commercial quantities of narcotic drugs while Accused No 2 was arrested for conspiracy - Prosecution alleged the seizure took p...