Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Incomplete Challan – Statutory Bail – Three petitions involving common question of law under NDPS Act – Seizure of Tramadol and Codeine, constituting commercial quantity – Incomplete challan due to absence of FSL report – Right to seek statutory bail after 180 days of arrest without complete chall...
Bail Application – Second application for regular bail – Petitioner accused of committing an offence under Section 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Allegation of transporting contraband – Arrested with a significant quantity of Ganja – Search conducted between sunset and sunrise – Compliance of 2nd proviso to Section 42 of...
Bail Application – Petitioner seeks regular bail – FIR registered under Sections 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 – Custody Certificate produced – Petitioner's counsel argues that an unauthorized officer conducted the search before an authorized officer arrived – Petitioner's prolonged incarceration and lack of criminal antecedents co...
Narcotics Drugs and Psychotropic Substances Act (NDPS Act) - Bail Application - Accused seeking bail in a case under NDPS Act and other sections - Criminal history of the accused - Co-accused granted bail under similar circumstances - Bail granted with stringent conditions. [Para 1-12]
Conditions for Bail - Stringent conditions imposed to ensure accused's compliance with the law - Surrender...
Criminal Appeal – Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Conviction and Sentencing – Appellant challenging conviction and 10-year sentence for possession of commercial quantity of heroin – The appeal arises from the High Court's affirmation of the trial court's conviction and sentencing. [Para 1-6]
Search and Seizure – Proce...
Bail Application - Petitioner seeking release as an undertrial in a case under the NDPS Act - Original FIR filed against unknown individuals - Petitioner's counsel contends no substantial link between petitioner and the alleged offense, emphasizing innocence and fabricated FIR - Lack of evidence against the petitioner - Trial anticipated to be lengthy - No useful purpose served in detaining pe...
Criminal Appeal – Conviction under Section 20 of the NDPS Act – Appeal against judgment and order of conviction by High Court – Acquittal by Trial Court – Dispute regarding the applicability of Section 50 of the NDPS Act – Interpretation of the expression "to search any person". [Para 1-18]
Analysis of Applicability of Section 50 of NDPS Act - Search of p...
Criminal Misc. Bail Application – Second Attempt – Applicant Prem Paudel seeks bail in a case under the N.D.P.S. Act, having previously been denied by the Court – Application filed for reconsideration based on material change in circumstances. [Para 1-3]
Prosecution Case – Claimed violation of Sections 8/18/23/29 of the NDPS Act by the applicant – Counsel for the a...
Delay in Trial Proceedings – Petitioner accused of offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Indian Penal Code, 1860 – Persistent delays in the commencement and continuation of trial for approximately 25-26 years, attributed to the petitioner's filing of multiple frivolous petitions.
Judicial Directions – Multiple directions ...
Regular Bail - Application for regular bail under Section 439 Cr.PC - Case under NDPS Act - Recovery of contraband - Compliance with Sections 42 and 50 of the NDPS Act - First-time offender - Delay in trial - Precedents cited - Grant of bail based on Supreme Court precedents. [Para 2-8]
Constitutional Right to Speedy Trial - Consideration of Article 21 of the Constitution of India - Dilution of...