Bail application under Section 439 of CrPC read with Section 37 of the NDPS Act – Applicant seeks regular bail in a Sessions Case pending before the Special Judge (NDPS), Patiala House, New Delhi – Allegations involve trafficking of contraband – Applicant’s identity allegedly misused by co-accused – Statements, mobile phone messages, and seizure of contraband form the...
Criminal case – Bail – Petitioner filed for regular bail in FIR No. 148, dated 27th June 2021, under Sections 15, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Petitioner seeks parity with co-accused who was granted regular bail in a previous case (Para 1 and 2).
False Implication Allegation – Petitioner’s counsel alleges that ASI Jagtar ...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 - Bail application - Grant of Bail - Prolonged incarceration - Slow pace of trial - Balance between accused's right to liberty and societal interest - Constitutional parameters - Right to speedy trial - Stringent bail conditions - Prima facie determination of guilt - Special enactments - Right under Article 21 of the Constitutio...
Criminal Law – Bail – Petitioner charged under NDPS Act for possession of intoxicant tablets – Seeking bail under Section 439 CrPC – Petitioner in custody for over 2 years and 7 months – No criminal antecedents – Co-accused already granted bail – Willing to comply with stringent conditions – State opposes bail due to the commercial quantity of contra...
Criminal Procedure - Regular Bail Application - Narcotic Drugs and Psychotropic Substances Act - Section 439 Cr.P.C - Petitioner seeks regular bail in a case registered under Sections 21 and 22 of the NDPS Act (Section 29 NDPS Act added later) - Alleged recovery of contraband from co-accused (petitioner's husband) - Petitioner's custody for 7 months and 8 days - Petitioner's contention...
CRIMINAL PROCEDURE CODE, 1973 – Section 439 – Regular Bail – Grant of bail to petitioner in connection with FIR No.304 dated 30.06.2022 under Sections 15(c), 27-A, 29 of the NDPS Act – Allegations of illegal trafficking and selling of doda post – Petitioner’s involvement in the offence – Petitioner named in co-accused’s disclosure statement – C...
Regular Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Parity with Co-Accused - Length of Custody as a Factor - Petitioner sought regular bail in a case registered under Sections 15 and 29 of the NDPS Act, 1985 - Petitioner claimed parity with a co-accused previously granted regular bail - Court considered the importance of custody duration as a factor in bail decisions under the ND...
Criminal Procedure - Bail application under Section 439 of the Code of Criminal Procedure - Charges under the NDPS Act - Recovery of "Commercial Quantity" of poppy pods - Consideration of Section 37 of the NDPS Act for granting bail - Prima facie satisfaction required - Likelihood of influencing witnesses or absconding (Para 9).
Falsification of Involvement - Allegation of f...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50(1) - Compliance - Mandatory requirement - Failure to adhere vitiates conviction - Right to be searched before a gazetted officer or magistrate - Individual communication of right - Joint communication may create confusion and dilute significance of the right - Accused must be made aware of their right to exercise it effectively. [Pa...
Criminal Procedure - Regular Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail application under Section 439 of Cr.P.C. - Petitioner seeking regular bail in a case registered under Sections 22-C of the NDPS Act - Petitioner in custody for over two years - Investigation completed, but trial likely to take more time - Petitioner not involved in any other case - Violation of right un...