NDPS Bail – Prima Facie Evidence – Bail Rejected – The petitioner challenged her custody on the ground that her statement under Section 67 NDPS Act is inadmissible and the seizure was procedurally defective – The Court held that independent of the Section 67 statement, there were sufficient prima facie materials including parcel bearing petitioner’s name and number, d...
Regular Bail - NDPS Act - Compliance with Section 50 – Procedural Violation Alleged – Petitioner alleged that search of vehicle and subsequent dissent memo were recorded in violation of Section 50, NDPS Act and Apex Court guidelines – Search was conducted before informing accused of his rights – Held: Prima facie violation noted but court refrains from making conclusi...
Bail - NDPS Act – Commercial Quantity Heroin – Bail Rejected – 290g Heroin Recovery – Petitioner was apprehended with two co-accused after being allegedly caught red-handed with 290 grams of heroin in a Bolero vehicle – Held: Quantity recovered falls within commercial threshold – Rigours of Section 37 NDPS Act attracted – Bail denied [Paras 1–4, 6&nd...
NDPS Act – Compliance with Section 50 – Search Procedure Properly Followed – Bail Denied - The petitioner alleged non-compliance of Section 50 NDPS Act, claiming he was not informed about his right to be searched before the nearest Gazetted Officer or Magistrate – Court held that the petitioner was informed in English of his right under Section 50 and refused to avail it in...
NDPS Act – Bail Application – Prolonged Incarceration – Commercial Quantity – Application under Section 439 Cr.P.C. – Accused in custody since 31.10.2023 for offences under Sections 20(b)(ii)A, 22(c), and 25 of NDPS Act – Trial pending before Additional Sessions Judge-V, Thiruvananthapuram – Petitioner seeks bail citing prolonged incarceration and delay in...
Criminal Law – NDPS Act – Bail in Commercial Quantity Cases – Stringent Conditions Imposed – Petitioner was arrested for transporting 731.075 kg of Ganja—Trial court denied bail, citing the presumption under Section 37 of the NDPS Act – Petitioner argued prolonged judicial custody and procedural delays – High Court held: While Section 37 restricts bail in ...
Bail - NDPS – Charge Sheet Without FSL Report – Bail Granted - The petitioner was arrested for possession of 300 grams of MDMA and remained in custody for nearly a year – The prosecution filed a charge sheet without an accompanying Forensic Science Laboratory (FSL) report – The Court held that in cases under the NDPS Act, a chemical analysis report is an integral part of th...
NDPS Act – Bail under Section 37 – Procedural Lapses Considered – Applicants accused of dealing in commercial quantities of Codeine Phosphate and Nitrazepam—Prosecution relied on recovery of contraband and WhatsApp chats—Defense argued procedural violations, including absence of proper certification under Section 52A—Held: Strict compliance with statutory proced...
Parole – Right of Convicts – Arbitrary Rejection Not Permissible – The petitioner, convicted under Section 22(c) of the NDPS Act, sought parole for eight weeks, which was denied on the grounds that he might engage in drug smuggling and disrupt elections – Held: Mere apprehensions without supporting material cannot justify denial of parole – No credible evidence was pr...
Criminal Law – Possession of Contraband – Section 21 NDPS Act – Conviction Based on Official Witnesses – The appellant was convicted for possessing 10 grams of smack based on testimony of police officials – Held: Conviction under Section 21 NDPS Act is sustainable even in the absence of independent witnesses, provided the official witnesses are consistent and reliable...
