Bail - NDPS Offense – Commercial Quantity – Application of Section 37 – Bail Granted – Petitioner accused of possessing 71 Buprenorphine injections, constituting commercial quantity under FSL report – Despite applicability of statutory bar under Section 37, prolonged incarceration of 1 year and 5 months invoked constitutional protection under Article 21 – Held: ...
Accident Claim - Motor Accident Compensation – Dependency and Future Prospects – Deduction Adjusted, Future Prospects Granted – Tribunal held husband not dependent and deducted 1/3rd for personal expenses – Supreme Court held husband at least partially dependent and recalculated with 1/4th deduction – Tribunal’s 50% future prospects replaced with 40% in line wit...
NDPS Act – Freezing of Properties – Section 68F(2) – Freezing Order Confirmed – Petitioner’s challenge to freezing of assets on the ground that properties were acquired prior to registration of NDPS cases was rejected – Held: Authorities acted within legal bounds and confirmed freezing order based on investigation and financial analysis – Burden to prove l...
NDPS Act – Bail and Article 21 – Prolonged Incarceration Overrides Section 37 – Held: All petitioners except two had been in custody for nearly two years with trial not yet commenced—Court held that prolonged detention violated their fundamental right to personal liberty under Article 21—Bail granted subject to conditions – However, bail denied to petitioners Ji...
Criminal Law - NDPS Act – Identity of Accused Not Established – Acquittal Ordered - Appellant contended she was wrongly identified as one Seema Choudhari who was named in all prosecution documents including FIR, arrest memo, and seizure records – Held: Prosecution failed to adduce evidence linking appellant to Seema Choudhari; no identification or oral testimony proving appellant...
Criminal Law – Bail – NDPS Act – Section 37 – High Court granted bail without proper application of mind – Seriousness of allegations and involvement in an international drug syndicate not considered – High Court's reasons, including respondent's education, irrelevant to bail decision – Appeal allowed, bail canceled [Paras 7-13].
Bail – Ju...
Bail - NDPS Act – Minor Discrepancy in Sample Weight – Bail Denied – The petitioner contended that there was a discrepancy between the sample weight recorded before the Metropolitan Magistrate and the FSL report, suggesting tampering – Held: The discrepancy was minor and could be attributed to moisture loss – FSL did not indicate any tampering of the seal – Mino...
NDPS Act – Anticipatory Bail – Section 37 Rigours – Bail Denied - The petitioner was implicated in a case involving trans-border drug smuggling through drones and was named in a co-accused's disclosure statement – Investigation revealed communication through encrypted WhatsApp calls and exchange of coordinates for drone deliveries of heroin – Held: The petitioner ...
Criminal Law – NDPS Act – Compliance with Section 42 – Mandatory Procedural Requirement – Non-Compliance Vitiates Trial – Although the prosecution claimed a chance recovery of contraband, the circumstances and memos on record indicated prior information—Held: Since there was no compliance with Section 42 i.e., no record of information or intimation to superior o...
Bail under NDPS Act – Recovery Marginally Exceeding Commercial Quantity – Bail Granted – The petitioner was found with 55 kg poppy husk and 500 grams opium – The Court observed that the recovery was marginally over the commercial quantity limit – Petitioner was in custody for 1 year and 5 days – Only 2 out of 20 prosecution witnesses examined – Trial likel...