Regular Bail - Grant of - Petitioner under Sections 21/27-A of the NDPS Act - Allegations of possession of 6 grams of smack - Previous instances of petitioner absconding from trial proceedings - Bail granted and subsequently breached - Petitioner's application for bail rejected by Trial Court - Petitioner in custody for a significant period - No other pending case under NDPS Act against petiti...
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 –...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Extension of time for investigation - Grant of default bail - Conditions for extension of time - Independent application of mind by Public Prosecutor - Non-receipt of FSL report as a compelling reason - Compliance with Section 36A(4) - Applicability of Section 167(2) of Cr.P.C. - The Public Prosecutor is required to independently apply his min...
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 – Detention Order – Representation – Delay in disposal – Unexplained delay – Validity of detention order – Writ of Habeas Corpus – High Court of Manipur held that the detention order issued under the NDPS Act for a period of 12 months was challenged on the ground of viola...
Bail application under Section 439 CrPC – Petitioner charged under Section 21 of NDPS Act – Petitioner seeks bail on the ground that the quantity of contraband is less than commercial and rigours of S. 37 of NDPS Act do not apply – Criminal antecedents of petitioner – Court to consider role of accused, possibility of fleeing, and other circumstances – Previous crimina...
Criminal Procedure - Bail - Application for regular bail under Section 439 of CrPC - Allegations of compromising national security and sharing secret information with co-accused - Petitioner falsely implicated - Weak evidentiary value of disclosure statement - No recovery of narcotics from petitioner - Trial in progress - Serious and specific allegations against petitioner - Bail denied. (Para 5)
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Narcotic Drugs and Psychotropic Substances Act – Non-compliance with Section 57 – Appeal against Conviction – Code of Criminal Procedure, 1973, Section 374 – NDPS Act, 1985, Sections 15, 57 – Appellant convicted for possession of 800 kg of poppy straw – Non-compliance with Section 57 claimed – Held, non-compliance with Section 57 does not vitiate the prose...
Prisoners - Temporary release on parole - Rejection of application - Grounds for rejection - Apprehension of engaging in illegal activities and breach of peace - Insufficient grounds - Mere conjectures and surmises - Violation of statutory provisions - Unsustainable order. [Para 17]
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 - Section 6(2) - Conditions for rejecting parole - Li...
Rejection of application for temporary release on parole - Insufficiency of grounds - Violation of statutory provisions - Granting parole based on likelihood to endanger security of the State or maintenance of public order - Apprehensions without supporting material - Unsustainable order
Prisoners - Temporary release on parole - Rejection of application - Grounds for rejection - Apprehension of...
Narcotic Drugs and Psychotropic Substances (NDPS) Act - Conviction under Section 22(c) - Appeal against - Appellant charged with possession of contraband - Seized items included heroin, injections, and syringes - Trial court convicted the appellant and imposed sentences of imprisonment and fine - Appellant challenged the verdict and sentences on grounds of misappreciation of evidence - A...