Bail – Commercial Quantity of Ganja – Rebuttal of Statutory Presumption under Section 37 of the NDPS Act – Bail Granted - The petitioner was found in possession of 200 kg of ganja, classified as a commercial quantity under the NDPS Act, raising a statutory presumption against bail under Section 37 – The petitioner argued procedural violations, particularly improper sampling...
NDPS – Bail - Right to Speedy Trial – Bail Denial Despite Delayed Trial – Petitioners argued for bail due to delayed trials affecting their constitutional rights under Article 21 – Held: Despite the delay, the trial court demonstrated due despatch in recording witness depositions. The court rejected the bail application, upholding the balance between individual rights and n...
Bail under NDPS Act – Commercial Quantity – Stringent Conditions of Section 37 – Bail Denied – The applicant, arrested at IGI Airport with 107 capsules containing heroin weighing 1,061 grams, sought bail contending improper sampling and delay in filing Section 52A application – Held: The seized contraband was well over the threshold of "commercial quantity" ...
NDPS - Statutory Bail – Incomplete Charge Sheet – FSL Report Requirement – Entitlement to Bail – The petitioner, charged under Sections 21C/25/27A/29 of the NDPS Act, applied for statutory bail on the 183rd day, arguing that the charge sheet filed on the 177th day was incomplete due to the absence of the FSL report – Held: A charge sheet filed within 180 days without ...
Narcotic Drugs – Acquittal Reversed – Appeal against acquittal in a case under Section 20 of the NDPS Act – Accused charged with possession of 840 grams of charas – Trial Court acquitted the accused, citing non-compliance with Section 50 of the NDPS Act – On appeal, the High Court held that Section 50 applies only to personal searches, not to bags carried by the accus...
NDPS Act – Bail Petition – Pretrial Detention Unnecessary – The petitioner was apprehended in possession of heroin during a Nakka set up by the police. Investigation completed and charges filed. Held: Pretrial incarceration should be avoided unless necessary. Since no recovery is pending and there is no flight risk or evidence of past criminal history related to serious offences,...
NDPS Act – Commercial Quantity – Recovery of 602 gms Heroin – Bail Denied – The petitioner was found in possession of 602 gms of heroin, significantly above the commercial threshold – The Court held that compliance with Section 50 of the NDPS Act was properly executed, and the delay in submitting the contraband to the FSL was not unreasonable [Paras 2-15].
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Bail – Prolonged Incarceration – Section 436A CrPC – NDPS and Foreigners Act – Bail Granted – The petitioner, a Bangladeshi national, was arrested in April 2019 for possessing Yaba tablets and for entering India without valid documents – The petitioner has been in custody for over five years and five months, exceeding the maximum imprisonment period under the Fo...
Criminal Law – NDPS Act – Compliance with Section 50 – Search and Recovery Validated – The appellant was convicted for possession of 0.4 grams of LSD, found in 30 square-shaped pieces. The appellant argued that the mandatory provisions under Section 50 of the NDPS Act were violated, particularly that he was not informed about his right to be searched before a Gazetted Offic...
Bail Application – NDPS Act – The petitioner, accused under Sections 22 and 29 of the NDPS Act, sought bail after being in custody for nearly four months – The Court considered that the petitioner was named in the FIR solely based on a co-accused's disclosure statement, and no contraband was recovered from him – Trial had not yet begun, and the Court highlighted the pro...