NDPS Act – Regular Bail – Sections 20(b)(ii)(C), 20(C), 61 and 85 of the NDPS - Commercial Quantity – Petitioner implicated solely on disclosure statement of co-accused – 25.265 kg ganja recovered from co-accused – No recovery effected from petitioner – Petitioner not present at spot – Co-accused already granted regular bail – Investigation completed...
Criminal Law – Recall of Witness – Section 348 BNSS (Section 311 Cr.P.C.) – Investigating Officer recalled to prove disclosure statements and connected documents – Trial Court found that certain material documents relating to ownership of vehicle, lease deed of hospital and inspection report were not put to PW-4 during examination-in-chief – Held: Power under Section ...
NDPS Act – Re-testing of Sample – Quashment of Charge-Sheet – First CRCL report ruled out presence of Heroin – Prosecution sought re-testing merely because report was adverse – Trial Court allowed re-testing without recording cogent reasons – Held: Re-testing under NDPS Act permissible only in extremely exceptional circumstances as per Thana Singh – Mere d...
NDPS – Regular Bail – Commercial Quantity – Applicability of Section 37 – Alleged recovery of 1,37,11,610 tablets weighing 5772.584 kg (with strips) – Petitioners alleged to be part of organised chain involving manufacture, marketing and diversion of NRx medicines through licensed and fictitious firms – Held: Rigours of Section 37 NDPS Act attracted – Twin...
NDPS Act – Section 25 – Vicarious Liability of Owner of Conveyance – Appellant convicted on finding that he had purchased truck and knowingly permitted its use for transporting 2560 kg poppy straw – Evidence showed appellant not present at spot and not registered owner – No direct evidence of knowledge or consent – Held: Mere execution of agreement (Ex.P-3) insu...
Criminal Law – Default Bail – Section 187(2) BNSS – NDPS Offence – Accused arrested on 07.05.2025 – Statutory period of 180 days for filing challan – Prosecution sought extension before expiry – Extension granted without presence of accused – Held, extension order passed in absence of accused vitiated – Accused entitled to default bail [Paras 5...
NDPS Act – Supurdnama of Seized Vehicle – Owner-cum-Driver Accused – Joint Possession of Contraband – Refusal of Interim Custody Justified – Applicant sought interim release of Pick-up vehicle seized in Crime No.397/2025 registered under Sections 8/20 NDPS Act – Vehicle registered in applicant’s name and contraband (18 kg 600 gms ganja) recovered from join...
NDPS Act – Bail – Commercial Quantity – Prolonged Incarceration – Parity – Appellant charged for offences under Sections 8(c) read with Sections 20(b)(ii)(C), 22(c), 23, 28 and 29 of the NDPS Act and Section 135 of the Customs Act – Contraband allegedly seized was above commercial quantity – High Court denied regular bail – Appellant in custody for m...
NDPS Act – Regular Bail – Commercial Quantity – Section 37 – Rigours of Statute – Petitioner sought regular bail in FIR involving recovery of 195 intoxicant tablets (Etizolam) amounting to commercial quantity – Court held that once commercial quantity is involved, bail can be granted only on satisfaction of twin conditions under Section 37 NDPS Act – Mere ...
Bail – NDPS Act – Regular Bail – Commercial Quantity – Rigours of Section 37 – Petition under Section 483 BNSS for regular bail by accused not found in possession of contraband but alleged to be part of drug trafficking network – Recovery of ₹4,40,000/- as alleged drug money from petitioner and commercial quantity of 140 grams Racemorphan from co-accused &ndas...