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...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Bail – Commercial Quantity – Prolonged Incarceration – Successive Bail Petition – Petitioner apprehended on 22.04.2024 with 540 grams of heroin recovered from personal search – Co-accused found with 480 grams – Challan filed – No prosecution witness examined out of 17 total &nd...
NDPS – Bail – Section 37(1)(b), NDPS Act, 1985 – Constructive Possession – Petitioner was driving a private car (belonging to his father) from which contraband was recovered from a co-passenger – Only article seized from petitioner was a mobile phone – No contraband recovered from his person – None of the accused named the petitioner as involved – Pe...
NDPS Act – Bail – Disclosure Statement of Co-Accused – Inadmissibility – Petitioner not present at the spot of recovery and not named in the FIR – 520 grams of heroin recovered from co-accused Lovepreet Singh alias Love – Petitioner implicated solely on the basis of disclosure statements of co-accused made during police custody – No independent recovery of...
Criminal Law — Default Bail — NDPS Act — Extension of Remand — Accused Not Present — Gross Illegality — Article 21 — Petitioner/Accused No. 2 was in custody in Crime No. 65 of 2024 under the NDPS Act — Extension of time for remand was granted by I Additional District and Sessions Judge-cum-Special Judge for NDPS offences, Rajamahendravaram, vide orde...
NDPS Act – Recovery of Poppy Straw – Acquittal – Prosecution story based on secret information received by Investigating Officer PW-17 at Bhugrani Chowk, followed by search of the house of appellant Angrejo Devi, yielding 16 bags of alleged contraband in the presence of both appellants – Trial Court convicted both appellants under Section 15 of the NDPS Act and sentenced th...