Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - Recovery from co-accused - Disclosure statement - No recovery from the petitioner - Petitioner's name emerging from disclosure statement - Petitioner in custody for a significant period - No comment on merits of the case - Petitioner granted bail. [Para 5]
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - No...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 52-A – Standing Order No. 1 of 1988 – Conflict between statutory provisions and instructions – Implication of Section 52-A of the Act – Requirement of drawing representative samples of seized contraband – Standing Orders cannot supersede the Act – Statutory instructions are mandatory in nature ...
Criminal Procedure - Production of additional documents - Permission to produce photocopy of a document - Validity - Para 9, 10: If some mistake is made by the investigating officer by not producing a relevant document at the time of submitting the report or charge sheet, it is open to the investigating officer to produce the same with the permission of the court - The absence of specific prohibit...
Criminal Procedure – Default Bail – Prosecution's Failure to File Challan – Revision petition against denial of default bail under Section 167(2) Cr.P.C. and Section 36A(4) NDPS Act – Petitioner arrested with 1 kg 800 grams of charas – Investigation not completed within 180 days – Extension of 90 days granted but later set aside – Petitioner entitled t...
Bail and Surety Bond Forfeiture – Unwarranted Issuance of Non-Bailable Warrants – The trial court's mechanical issuance of non-bailable warrants against the appellant, Major Singh, on account of his single absence on 20.12.2022, challenged – Petitioner contends violation of procedure prescribed under CrPC Sections 73, 82, and 446. [Paras 3, 6-7, 9, 13, 27, 29-30]
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Criminal Law - Bail - Regular bail under Section 439 Cr.P.C. - Grant of - Petitioner arrested in a case registered under Sections 22/61/85 of the NDPS Act, 1985 - Petitioner alleged to be transporting contraband substance - Petitioner's counsel contended that the bottles were being transported between licensed seller and purchaser with valid documentation - Petitioner a first-time offender and...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21 - Conviction under - Appellant convicted for possession of heroin under Section 21 of the NDPS Act - Recovery of contraband made from the appellant's hand - Non-compliance with mandatory provisions of Section 50 of the NDPS Act - Appellant's contention of false implication and lack of independent witnesses - Appellant acquit...
Criminal Appeal – Narcotics Drugs and Psychotropic Substances Act, 1985 – Conviction under Section 15 – Drawing of Samples at the time of seizure – Compliance with Section 52A(2) – Procedure for drawing samples in the presence of a Magistrate – Effect on prosecution’s case – Doubt about the nature of seized substance. (Para 3)
Criminal Procedure &...
Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Conviction under Section 15 – Appellant's conviction for possession of 54 Kgs of poppy husk confirmed by the High Court, following the Trial Court’s judgment. Issues regarding possession and procedural compliance raised. [Para 2-3, 5-7]
Criminal Procedure – Representation and Conduct of Defence –...
Grant of parole - Sections 21, 23, 28, 29, 60, 61, 63 of the NDPS - Challenge to declining order of parole - Whether declining order was ill-informed and not founded on credible material - Reasons given for denying parole based on mere apprehensions - No adverse report by Superintendent of Jail concerning petitioner's conduct - Order suffers from non-application of mind - Petition allowed and ...