Criminal Law – Default Bail – Section 187(2) BNSS – NDPS Offence – Accused arrested on 07.05.2025 – Statutory period of 180 days for filing challan – Prosecution sought extension before expiry – Extension granted without presence of accused – Held, extension order passed in absence of accused vitiated – Accused entitled to default bail [Paras 5...
NDPS Act – Supurdnama of Seized Vehicle – Owner-cum-Driver Accused – Joint Possession of Contraband – Refusal of Interim Custody Justified – Applicant sought interim release of Pick-up vehicle seized in Crime No.397/2025 registered under Sections 8/20 NDPS Act – Vehicle registered in applicant’s name and contraband (18 kg 600 gms ganja) recovered from join...
NDPS Act – Bail – Commercial Quantity – Prolonged Incarceration – Parity – Appellant charged for offences under Sections 8(c) read with Sections 20(b)(ii)(C), 22(c), 23, 28 and 29 of the NDPS Act and Section 135 of the Customs Act – Contraband allegedly seized was above commercial quantity – High Court denied regular bail – Appellant in custody for m...
NDPS Act – Regular Bail – Commercial Quantity – Section 37 – Rigours of Statute – Petitioner sought regular bail in FIR involving recovery of 195 intoxicant tablets (Etizolam) amounting to commercial quantity – Court held that once commercial quantity is involved, bail can be granted only on satisfaction of twin conditions under Section 37 NDPS Act – Mere ...
Bail – NDPS Act – Regular Bail – Commercial Quantity – Rigours of Section 37 – Petition under Section 483 BNSS for regular bail by accused not found in possession of contraband but alleged to be part of drug trafficking network – Recovery of ₹4,40,000/- as alleged drug money from petitioner and commercial quantity of 140 grams Racemorphan from co-accused &ndas...
NDPS Act – Regular Bail – Recovery of Heroin – Section 37 Rigours – Petition under Section 483 BNSS seeking regular bail in FIR for offences under Sections 21, 22, 27-A and 29 NDPS Act – Recovery of 258 grams of heroin attributed to petitioner, which is more than non-commercial quantity – Held: Rigours of Section 37 NDPS Act squarely attracted and bail can be gr...
NDPS Act – Bail – Commercial Quantity – Rigours of Section 37 – Recovery of 960 capsules of Parivon Spas Plus containing Tramadol (480 grams) and 22.92 grams of heroin from vehicle driven by petitioner – Held that Tramadol recovered constitutes commercial quantity – Twin conditions under Section 37 NDPS Act mandatory – Court not satisfied that accused is n...
Criminal Law – Quashing - Drugs and Cosmetics Act – Rule 45 – Mandatory Time Limit – Quashing of Prosecution – Criminal prosecution launched against manufacturer and its directors alleging manufacture of drug not of standard quality – Samples drawn on 12.07.2022 and sent to Government Analyst on 14.07.2022 – Analyst sought extension only on 01.11.2022, i.e...
Criminal Law - Drugs and Cosmetics Act – Non-standard Quality Drug – Quashment of Complaint – Jurisdiction of Magistrate – Complaint filed against manufacturer alleging offence under Section 18(a)(i) punishable under Section 27(d) of the Act for manufacture of drug not of standard quality – Petitioner contended that offence falling under Chapter IV could be tried only...
NDPS Act – Regular Bail – Second Bail Petition – Commercial Quantity – Delay in Trial – Article 21 of Constitution – Second petition filed under Section 483 BNSS seeking regular bail in FIR under Sections 22(C) and 29 NDPS Act involving alleged recovery of 576 capsules (354.96 grams) – Petitioner in custody since 12.07.2024 – Earlier bail petition di...