Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 37 - Mandatory Twin Conditions - State of Punjab challenged High Court order granting bail to respondent arrayed in FIR involving 1.465 kg heroin - Respondent allegedly directed co-accused to collect and supply drugs while being lodged in Central Jail Goindwal Sahib - High Court granted bail primarily on grounds of...
Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 21, 25, 27-A and 29 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483 - Arms Act - Section 25 - Petitioner arrested following a tip-off regarding a drone-based smuggling network - Recovery of 1 kg heroin from a car occupied by co-accused Jaskaran and Amritpal while petitioner was later intercepted with 6 pis...
Criminal Law - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 50 - Search and Seizure - Personal Search - Mandatory Compliance - The prosecution characterized the seizure as a chance recovery during routine patrol however internal documents including the Forwarding Letter and Command Certificate revealed the officers were acting on prior information and a pre-planned raid - Held - S...
NDPS – Section 43 – Seizure in Public Place or in Transit – Applicability over Section 42 – Appellants were intercepted on NH 353 near forest naka Temari when their Eicher truck was found carrying 700 kg of Ganja concealed under scrap material – Appellants contended non-compliance of Section 42 of the NDPS Act – Held: Where search and seizure is effected from a ...
NDPS Act – Bail – Commercial Quantity – Section 37 – Prolonged Pre-Trial Custody – Article 21 – Applicant alleged to have been found in possession of 22.564 kg of ganja; co-accused found with 5.098 kg; total recovery 27.632 kg constituting commercial quantity – Chargesheet filed under Sections 20/29 of the NDPS Act – Applicant in custody for over 3 y...
NDPS – Bail – Commercial Quantity – Section 37 – Petitioner alleged to have transported 501.5 kg of contraband ganja in a vehicle — Petitioner in custody for over two years — Contention of discrepancies in weighment, non-compliance of mandatory provisions, and prosecution witnesses not supporting the case — State opposed bail on ground that quantity was we...
NDPS – Bail – Cultivation of Ganja – Definition of "Ganja" under Section 2(iii)(b) – Petitioner accused of illegally cultivating ganja plants on his agricultural land amidst jowar plantation, with 20 plants weighing 10 kg 500 grams seized during a raid – Petitioner in custody since 11.12.2025 – Contention that seized substance does not satisfy the defi...
Preventive Detention – PITNDPS Act – Section 3(1) – Non-Application of Mind – Relevant Ground for Bail Ignored – Detention Order dated 13.05.2025 was passed against the petitioner based on her involvement in four FIRs under the NDPS Act and four other FIRs relating to illicit liquor trade – The Detaining Authority referred to the bail order dated 19.09.2024 pass...
Narcotic Drugs and Psychotropic Substances Act 1985 - Section 37 - Bail - Commercial Quantity - Mandatory twin conditions - Satisfaction of Court regarding reasonable grounds for believing accused is not guilty and unlikely to commit offence while on bail is prerequisite - Existence of six criminal antecedents under NDPS Act for similar offences indicates petitioner failed to satisfy the aforesaid...
Bharatiya Nagarik Suraksha Sanhita, Section 483 - Bail - NDPS Act - Custodial necessity - Petitioner arrayed as an accomplice based on information from co-accused Jawan Singh - No recovery of contraband effected from the petitioner - Co-accused and other similarly placed persons already granted bail by a Coordinate Bench - Investigation complete and charge sheet filed - Held, looking at the period...