Narcotic Drugs and Psychotropic Substances Act, 1985 – Conviction and Sentencing – Section 21(c) NDPS Act – Possession of Commercial Quantity – Appellants convicted under Section 21(c) NDPS Act for possession of narcotic cough syrups containing Codeine Phosphate – Trial Court sentenced appellants to 12 years rigorous imprisonment and fine of Rs.1,10,000/- each, with a...
Bail in NDPS Cases – Prolonged Incarceration – Section 21 and 29 of NDPS Act – Bail Granted – The petitioner, accused of possessing intermediate quantity of contraband, has been in custody for over one year and three months, with trial expected to take considerable time – Out of 23 prosecution witnesses, only four have been examined, with delay not attributable to the...
NDPS Act – Quashing - Admissibility of Statements under Section 67 – Reliance on Co-Accused’s Statement Quashed – The petitioner was implicated in the case solely based on the confessional statements of co-accused under Section 67 of the NDPS Act. Held: Such statements, being inadmissible under Section 25 of the Evidence Act as per Tofan Singh v. State of Tamil Nadu, cannot...
Bail Application – NDPS Act – Long Incarceration – Section 439 Cr.P.C – Sections 18, 21, 25, and 29 of NDPS Act – Petition filed seeking regular bail citing prolonged incarceration (over 2.5 years) and non-compliance with procedural requirements in the investigation – Held: Restrictions under Section 37 of the NDPS Act are outweighed by the right to a speedy tri...
Bail in NDPS Cases – Possession of Commercial Quantity – Section 37 NDPS Act – Rigorous Conditions for Bail – Applicant was accused of possessing 220 grams of Mephedrone (MD), a quantity far exceeding the commercial threshold – Section 37 of the NDPS Act imposes stringent conditions for bail, requiring the court’s satisfaction that the accused is not guilty and ...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Taxi Driver – Possession of Contraband – Appellant, a taxi driver, prosecuted under the NDPS Act for recovery of 20 kilograms of ganja from his vehicle – Passengers fled the scene upon interception by police – Trial court convicted appellant based on inability to provide details of passengers – High Court up...
Criminal Law – NDPS Act – Compliance with Section 50 – Acquittal Upheld – The prosecution’s appeal questioned the acquittal on grounds that the Special Court gave undue importance to minor discrepancies and failed to appreciate substantial compliance with the NDPS Act – The High Court observed that the Investigating Officer improperly offered himself as an optio...
Criminal Law – NDPS Act – Conviction under Section 15-C – Appeal – Procedural Violations – Acquittal Granted – Procedural Lapses – Conviction Under Section 15-C of NDPS Act Set Aside – Appellant Avtar Singh’s appeal against conviction allowed due to non-compliance with mandatory procedures under the NDPS Act – Trial Court had sentenced th...
NDPS Act – Interim Release of Seized Vehicle – Principles and Applicability – Appeal against Gauhati High Court judgment dismissing writ petition challenging the denial of interim release of a seized vehicle used in alleged drug transportation – Appellant sought interim custody under Sections 451 and 457 Cr.P.C. – Respondent contended NDPS Act precludes such interim r...
Bail - NDPS Act – Procedural Safeguards – Non-compliance Raises Doubts - The prosecution failed to adhere to the procedural requirements under Sections 42, 50, 52, and 52-A of the NDPS Act. Notably, there was a delay in recording the daily diary entry and preparing the inventory panchanama, as well as discrepancies in witness accounts, undermining the credibility of the prosecution'...