Criminal Bail Application – Grant of Bail – Petitioner denied bail by trial Court – Nature of charges under various sections including IPC, NDPS Act, and Arms Act – Prosecution alleging involvement in illegal activities – Co-accused already granted bail – Prolonged preventive custody – Likelihood of tampering with evidence and influencing witnesses –...
Criminal Bail Application – Violation of NDPS Act – Petitioner seeks bail under Section 439 CrPC – Allegations of possession of contraband – Petitioner’s antecedents, irreparable injustice, and commercial quantity involved are key points – Court examines compliance with NDPS Act provisions and legislative mandate under Section 37. [Para 1]
Burden of...
Criminal Appeal – Conviction under Section 29 of the ND&PS Act – Lack of evidence to establish abetment or criminal conspiracy – Discrepancies in link evidence – Non-compliance with Section 42 – Production of seized contraband before Magistrate – Presumption of possession under Section 54 – Mere non-production of specimen seal – Appeal allowed &n...
NDPS Act Conviction – Appellants charged under Sections 21(c) and 27A of NDPS Act for possession and financing illegal narcotics trade – Recovery of phensedyl cough syrup from Narayan Yadav upheld - Conviction and sentencing of Narayan Yadav under Section 21(c) maintained but under Section 27A set aside due to lack of evidence of financing illegal trade [Paras 21-26, 55-57].
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Bail Application – Accused Sah Jamal charged under Section 21© of the NDPS Act – In custody since 24-05-2023 – Application filed under Section 439 of CrPC. [Para 1]
Allegation of Procedural Violations – Petitioner contends wrongful implication, highlights non-compliance with Section 52A of NDPS Act regarding handling and sending of samples to CFSL – Raises iss...
NDPS Case - Petitioner seeks quashing of order dismissing application to preserve call details record of his mobile - Dispute over date and circumstances of petitioner's arrest - Prosecution alleges arrest on 10.10.2021 from highway, petitioner claims abduction by police on 09.10.2021 near his house - Petitioner's request for tower location and call details preservation - Similar cases con...
NDPS - Compliance with Section 42 NDPS Act – Challenge to Conviction – Conviction for Offense under Section 21(b) read with Section 31 NDPS Act Upheld – Evidence and Procedure Examined – Compliance with Section 42 and 50 NDPS Act Established – Appellant Previously Convicted under NDPS Act – Held, no merit in appeal; conviction and sentence confirmed. [Paras 1-18...
NDPS – Appeal against Trial Court's Conviction – N.D.P.S. Act – Conviction under Section 22 for possession of 400 MICROLIT Tablets – High Court finds serious flaws in the investigation and trial process, leading to doubts about the prosecution's version – Judgment of conviction and order of sentence set aside, appellant acquitted. [Paras 7-14]
Fai...
Bail Application – Regular Bail – Petitioner seeks regular bail in FIR No.197 dated 04.06.2021, under Section 17 of the NDPS Act – Petitioner in custody for over 1½ years – Allegation of false implication – Investigating officer failed to appear despite summons, bailable warrants, and warrants of arrest – Family of the petitioner in extreme hardship &ndas...
Regular Bail – Grant of Bail in NDPS Case – Petitioner Akashdeep Singh seeks regular bail in FIR No.43 for offences under Sections 22 and later Section 29 of the NDPS Act – Petitioner implicated based on co-accused's disclosure, with no recovery from petitioner – Reliance on precedents highlighting grant of bail where accused named only in co-accused’s disclosure ...