Criminal Law – NDPS Act – Quashment of Proceedings – Denied – NDPS Act – Recovery of Contraband – Absence of Mentioned Quantity – Petitioner (A2) sought quashing of proceedings in CC No. 74 of 2023 under Section 482 CrPC – Contraband (10 small packets of Ganja leaves and ₹9,750) was allegedly recovered from the petitioner at the crime scene –...
NDPS - Bail – Prolonged Custody – Concession Allowed – The petitioner, a first-time offender, was in custody since 05.09.2021 with only 09 out of 20 prosecution witnesses examined – Held: Delay in trial and prolonged custody warranted relaxation of Section 37 NDPS Act conditions in light of Article 21 of the Constitution – Bail granted [Paras 9-10].
Judicial Preceden...
Statutory Bail – Delay in Filing Final Report – Section 167(2) CrPC – Bail Granted – Petitioners were in custody for over 177 days, and the prosecution failed to file the final report within the stipulated 60 days as required under Section 167(2) CrPC. Despite the existence of criminal antecedents, the Court held that the petitioners are entitled to statutory bail. The cont...
NDPS Act – Bail Application – Recovery from Co-Accused – Petitioner Not Directly Implicated – Bail Granted – The petitioner sought regular bail under Section 439 CrPC, asserting false implication and lack of recovery from him – Court noted that the contraband was recovered from a co-accused, and the petitioner’s involvement was based solely on a disclosure...
NDPS Act – Section 67 Statements – Admissibility – The applicant’s role was primarily established through statements recorded under Section 67 of the NDPS Act – Following Toofan Singh v. State of Tamil Nadu, such statements are inadmissible as confessions under the Evidence Act – Held: Section 67 statements cannot sustain a prima facie case for continued detenti...
NDPS - Transfer of Investigation – Allegations of Bias and Procedural Irregularities – Investigation Ordered – Petitioner alleged false implication in an NDPS case and failure of the local police to preserve CCTV footage despite court orders – Court directed transfer of investigation to a senior police officer from another district, emphasizing the importance of impartialit...
NDPS Act – Recovery of Contraband – Procedural Lapses and Compliance Issues – Acquittal Ordered – Appellant convicted for transporting poppy husk without adherence to NDPS Act's procedural safeguards – Evidence showed recovery of 50 bags of poppy husk weighing 40 kg each, concealed under other goods – Court found non-compliance with Section 52A of the NDPS A...
Bail in NDPS Cases – Stringent Conditions of Section 37 NDPS Act – Bail Denied - Petitioner sought bail for possession of commercial quantity (28 injections of Buprenorphine) – Court held that the twin conditions of Section 37 NDPS Act were not satisfied as the petitioner failed to demonstrate reasonable grounds for innocence or assurance against re-offending – Mere argumen...
NDPS Act – Non-compliance with Section 52A – Conviction Set Aside – The appellants were convicted under Sections 8/22 and 8/29 of the NDPS Act for possessing and trafficking Tramadol Hydrochloride Tablets. The Court observed that the prosecution failed to comply with the mandatory provisions of Section 52A of the NDPS Act, which requires the presence of a Magistrate during the in...
Criminal Law – NDPS Act – Regular Bail – Prolonged Detention and Presumption of Innocence – The petitioner, charged under Section 22 of the NDPS Act for allegedly possessing intoxicating tablets, sought bail, citing extended incarceration and the lack of further evidence recovery – Co-accused had already been granted bail, and only a third of the prosecution witnesses...