NDPS Act – Bail – Prolonged Incarceration – Bail Granted - Petitioner in judicial custody since 23.12.2020 with only two of ten witnesses examined over four and a half years – Held: Inordinate delay in trial infringes the fundamental right to speedy trial under Article 21 – Court relied on Union of India v. K.A. Najeeb and Jitendra Jain v. Union of India to hold that ...
Bail - NDPS Act – Statement of Co-Accused and Financial Transactions – Bail Granted – The prosecution relied on statements of co-accused and financial transfers to implicate the petitioners under Sections 21, 27A, and 29 of the NDPS Act – Held: Statements of co-accused are inadmissible under Sections 25 of the Indian Evidence Act and 162 CrPC – Financial transactions,...
Criminal Law - Sections 27 and 29 of the NDPS - Sections 66(B), 65(A), 81, 116(B) of the Bombay Prohibition Act, 1949 - Appeal Against Acquittal – Alleged Possession of Liquor Without Permit – Acquittal Confirmed – Accused found with bottles allegedly containing English liquor – Investigating officer failed to send seized bottles for FSL analysis – No sample drawn or ...
NDPS Bail – Section 37 NDPS Act – Alleged Financing of Contraband Purchase – Bail Granted – Petitioner, a woman and sixth accused, allegedly transferred money to her son and driver who were found in possession of MDMA – Prosecution invoked conspiracy under Sections 27A and 29 of the NDPS Act – Held: Mere monetary transfers to family members insufficient to const...
Anticipatory Bail – Sections 65(a), 65(e), 116-B, 81, 83, 98(2) of the Gujarat Prohibition Act - Sections 111(2)(b), 111(3), 111(4) of the BNS - Lack of Conscious Possession – Accused not Found at Scene – Anticipatory Bail Granted – The applicant was implicated based solely on secret police inputs and was not found in conscious possession of liquor during the raid – T...
Writ - Passport Issuance – Pending Criminal Trial – Right to Possess Passport Distinct from Right to Travel – Petition Allowed - Petitioner facing trial under Section 15 of the NDPS Act – Trial Court permitted him to apply for passport but not to travel abroad – Passport authority denied issuance citing absence of departure permission under Section 6(2)(f) of Passport...
Criminal Law - Bail Application – NDPS Act – Section 37 Bar – Stringent Compliance Required – Petitioner accused of active involvement in organized narcotic syndicate – Court emphasized strict application of twin conditions under Section 37 for grant of bail – Reasonable belief of innocence not established [Paras 23-28].
Role of Intercepted Calls an...
NDPS Case – Grant of Bail – Recovery of Phensedyl Syrup – Bail Granted – Appellants were arrested in connection with a case under Sections 21(c), 27A, and 29 of the NDPS Act – They had been in custody since 22.04.2024 with no prior NDPS-related criminal antecedents – Supreme Court noted the delay in trial, with not even one of eleven witnesses examined – H...
NDPS Act – Bail – Commercial Quantity Not Involved – Bail Granted - Applicant Palwinder Kaur was arrested based on alleged monetary transactions linked to narcotics trafficking network – Court noted that the contraband recovered did not qualify as “commercial quantity” – Held: Rigors of Section 37 of NDPS Act not attracted – Bail granted with conditi...
NDPS Act – Bail – Commercial Quantity – Twin Conditions under Section 37 Not Satisfied – Bail Rejected – Petitioners sought regular bail under Section 439 CrPC in a large-scale NDPS case involving over 3 crore intoxicant tablets, capsules, drug money, and vehicles – Court held that the bar under Section 37 NDPS Act applies and petitioners failed to meet twin con...