NDPS Act – Bail in Commercial Quantity Cases – Prolonged Incarceration as a Ground – The petitioner was charged under Sections 8(c) r/w 22(c) and 29 of the NDPS Act for allegedly facilitating drug trafficking by arranging accommodation and making financial transactions – Two previous bail applications were rejected due to prima facie involvement and statutory embargo under ...
NDPS - Interim Custody of Seized Vehicle – Confiscation Not Automatic – Section 457 Cr.P.C. – Order Denying Custody Set Aside – The trial court erred in rejecting interim custody of the seized vehicle merely on the ground that it may be confiscated if the offence is proved – Confiscation is subject to trial and can only be ordered upon proof of guilt beyond reasonable...
Bail under NDPS Act – Commercial Quantity – Conscious Possession – Applicant sought bail in a case involving seizure of 1880 grams of MDMA, well above the commercial quantity threshold of 10 grams – Prosecution established that the applicant inquired about the parcels containing contraband, attempted to collect them while concealing his identity, and fled upon sensing law e...
Quashing of Criminal Proceedings – Section 482 CrPC – Summoning Order Lacks Reasons – The appellants were charged with manufacturing and distributing a drug declared as ‘Not of Standard Quality’ – The trial court issued summons without assigning reasons – The Supreme Court reiterated that a summoning order must reflect application of judicial mind and must...
False Information to Authorities – Section 58(2) of the NDPS Act – Disproportionality in Sentencing – Petitioner accused of providing false information to authorities, leading to the arrest of an innocent woman (Sheela Sunny) under Section 22(c) of the NDPS Act – Held: False implication in NDPS cases can have devastating consequences; penalties for such false accusations mu...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Conviction and Sentencing – Section 21(c) NDPS Act – Possession of Commercial Quantity – Appellants convicted under Section 21(c) NDPS Act for possession of narcotic cough syrups containing Codeine Phosphate – Trial Court sentenced appellants to 12 years rigorous imprisonment and fine of Rs.1,10,000/- each, with a...
NDPS Act, 1985 and Cr.P.C. – Section 457 – Interim Release of Vehicles – Applicability in NDPS Cases – Reference answered concerning the applicability of Cr.P.C. provisions for interim release of vehicles seized under the NDPS Act – Supreme Court's recent decision in Bishwajit Dey v. State of Assam, 2025 SCC OnLine SC 40, considered – Held: NDPS Act does not...
Criminal Law – NDPS Act – Seizure of Contraband – Acquittal – Appeal by Prosecution – Respondents allegedly found in possession of 10,000 capsules of spasmo proxyvon containing Tramadol, a psychotropic substance – Trial court acquitted the respondents due to procedural lapses – High Court upheld the acquittal, holding that the prosecution failed to comply ...
NDPS Act – Recovery of Charas – Appeal by the State challenging the acquittal – Conviction - Compliance with Section 42 of NDPS Act – Case of Chance Recovery – Not Attracted – It was argued that non-compliance with Section 42 of the NDPS Act rendered the prosecution's case invalid as the investigating officer suspected contraband before conducting the ...
Bail in NDPS Cases – Prolonged Incarceration – Section 21 and 29 of NDPS Act – Bail Granted – The petitioner, accused of possessing intermediate quantity of contraband, has been in custody for over one year and three months, with trial expected to take considerable time – Out of 23 prosecution witnesses, only four have been examined, with delay not attributable to the...