NDPS Act – Regular bail – Section 37 – Commercial quantity – Recovery of 710 kg poppy husk from vehicle – Petitioners Gurjeet Singh @ Bhura Fauji and Satguru Singh apprehended at spot – Co-accused Lali and Jagtar @ Kari @ Jagtar Singh implicated through disclosure statements – Challan filed and trial underway – Only 2 out of 34 witnesses examined and...
NDPS Act – Bail – Disclosure Statement of Co-Accused – Weak Evidentiary Value – Petitioner implicated only based on co-accused’s disclosure; no recovery from petitioner; Court holds disclosure statement without corroboration cannot be sole basis for implication; evidentiary value to be tested at trial – Raises serious doubts regarding fairness of investigation [...
Criminal Law - NDPS Act – Commercial Quantity – Conviction Confirmed – Appellants found in possession of 550 kg of ganja concealed in oil tanker – Trial court convicted all accused under Sections 20(b)(ii)(C) and 29 of the NDPS Act – High Court upheld conviction, finding that prosecution proved compliance with procedural requirements and guilt beyond reasonable doubt ...
Drugs and Cosmetics Act – Sale of Spurious Drug – Dealer Acquitted – Conviction set aside – Appellant, a licensed medical store owner, convicted for stocking and selling substandard chloroquine tablets – High Court held that appellant had discharged his burden under Section 19(3) by disclosing full chain of purchase from licensed dealer (M/s Bhuvan Pharma) and license...
NDPS Act – Possession of Heroin – Sentence Reduced – Appellant found in conscious possession of 35 grams heroin and convicted under Section 21 NDPS Act – Trial Court sentenced him to 08 months' RI and ₹20,000 fine – Appeal filed only on sentence – Held: Though appellant is involved in other NDPS cases, he has already undergone 01 month 19 days in custody, ...
NDPS Act – Bail – Commercial Quantity – Section 37 NDPS Act – High Court granted bail without recording mandatory satisfaction under Section 37 – Allegation involved concealment of 731.075 kg of ganja ingeniously hidden in a lorry owned and driven by accused – Supreme Court held that such bail violates settled law requiring strict compliance with Section 37 &nda...
NDPS Act – Bail – Sections 8, 21, 29 NDPS Act - Commercial Quantity – Procedural Lapses – Bail Granted – Petitioner arrested on 21.04.2023 for alleged possession of 50 bottles of Myberry (Codeine Phosphate) – Co-accused arrested based on petitioner's disclosure – Final report filed on 17.07.2023 – Trial delayed with less than half of 21 witnesses...
NDPS Act – Vehicle Confiscation – Owner Not Accused – Confiscation Order Set Aside – Trial Court convicted two accused under Section 20(b)(i) NDPS Act and ordered confiscation of truck bearing Reg. No. ABK-799 used to transport ganja – Appellant, who was the registered owner but not an accused in the criminal case, challenged the confiscation – Held: Appellant w...
Criminal Law – Summoning Of Call Detail Records (CDR) Of Investigating Officers - Electronic Evidence – Fair Trial – Appellant accused of possession of heroin and alprazolam, arrested by NCB officers near Yashica Palace hotel, Indore – Appellant disputed arrest location and sought mobile tower location and call data records of the arresting officers to demonstrate they were...
NDPS Act – Bail – Section 27A – Illicit Traffic – Misuse of Provision – Bail Allowed – Petitioners, one seeking anticipatory bail and the other regular bail, were arraigned under Section 27A NDPS Act based solely on recovery of heroin (5g and 21g) and INR 1000 in cash – Court found that the investigating agencies invoked Section 27A without prima facie evi...