Bail Application – NDPS Act – Second bail application filed after chargesheet submission – First bail application dismissed with liberty to reapply post chargesheet – Alleged false implication and fabrication of evidence by police – CCTV footage and purchase bills not considered by Investigating Officer – Fair investigation not conducted – Bail granted wit...
Criminal Procedure – Bail Application – Petitioners filed third bail applications under Section 439 Cr.P.C. – Previously rejected twice – Argument that no prima facie case against petitioners based solely on co-accused’s confessional statement during police custody – Confession not falling within the ambit of Section 27 of Indian Evidence Act as no discovery of ...
Seized Vehicles – Return Pending Trial – Petitioner, the registered owner of the vehicle No. WB 32J-4623, challenged the rejection of his request for the vehicle’s return, seized for allegedly transporting commercial quantities of ganja – High Court examined precedents and legal provisions regarding interim custody of seized vehicles – Held that seized vehicles may be...
Bail in NDPS Cases – Prolonged Pre-Trial Detention – The court addressed the issue of prolonged pre-trial detention for the petitioners, emphasizing that they had been in custody for more than three years (or approximately two and a half years for some) without significant progress in their trials. The court highlighted that such extended detention, without the completion of trial, vio...
Bail Application – Regular Bail – Appellants accused of drug smuggling and financing terrorism – Held in custody for nearly four years – High Court granted bail emphasizing the constitutional right to speedy trial and personal liberty – Bail granted with strict conditions despite stringent provisions under UAPA and NDPS Act [Paras 1-29]. Constitutional La...
Bail – Cancellation – NDPS Act – Application under Section 439(2) Cr.P.C. for cancellation of bail – Bail granted by the Special Judge, Sepahijala District, Sonamura – Grounds for cancellation included discrepancies in GD entries and lack of reasonable grounds to believe accused’s non-guilt – Printing errors in GD entries noted but considered non-material ...
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 Law - Dishonour of Cheque - Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. - Conviction upheld by Special Judge (NDPS), Central District, Tis Hazari Courts, Delhi - Petitioner convicted under Section 138 N.I. Act for dishonour of cheque amounting to Rs.5,26,785/- - Sentenced to simple imprisonment for four months and fine of Rs.8,50,000/- with default clause - ...
Criminal Law – Anticipatory Bail – Application under Section 438 of the Cr.P.C – Petitioner sought anticipatory bail in connection with FIR No. 80/2024 registered at Police Station Crime Branch, Delhi for offences under Sections 21, 25, 29 of the NDPS Act – Information received regarding drug peddlers leading to the arrest of co-accused and recovery of 1010 grams of heroin ...
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...
