Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3] Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...
Conviction Under NDPS Act: Petitioner convicted and sentenced under Sections 8/15(c) of NDPS Act; challenges conviction citing procedural irregularities and incorrect legal interpretation by the trial court - [Para 1]. Contention on Seizing Officer's Authority: Petitioner argues non-compliance with Section 42 of NDPS Act; seizing officer not authorized as S.H.O., thus rendering the search a...
Bail Application – Narcotic Drugs and Psychotropic Substances Act (NDPS) – Rejection – Accused as a chemist found with unaccounted intoxicant capsules and tablets – Court observes serious drug menace in Punjab and emphasizes stringent approach against drug trafficking – Held that there are no reasonable grounds to believe innocence of the accused – Bail ap...
Bail Application under Section 439 of Cr.P.C. –Sections 8(c), 21(c), 23, 25, 27A & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Prosecution alleges involvement of applicant in trafficking heroin concealed in mulethi logs – Applicant engaged in legitimate business of import of dry fruits and mulethi – Alleged recovery of heroin from mulethi...
Detention and Judicial Review – Detention Order Quashed - Detention of Shahid Khan under PITNDPS Act challenged due to lack of compelling evidence of imminent release and re-engagement in criminal activities - Despite substantial quantity of heroin recovery, absence of imminent release evidence undermines detention validity - Detention confirmed without sufficient grounds, quashed by the cou...
Criminal Law – Conviction under NDPS Act – Appeal against trial court's judgment convicting appellant for possession of 7 kg of 'charas' later identified as 'opium' – Alleged procedural lapses in compliance with mandatory provisions of Sections 50 and 52A NDPS Act – Safe custody of seized contraband not established – Discrepancies in forensic exami...
Grant of Bail – NDPS Act – Application under Section 439 CrPC for grant of regular bail in connection with FIR registered under Sections 8(c), 22(c), and 29 of NDPS Act – Held, bail granted based on the absence of clear evidence linking petitioner directly with the contraband and inconsistencies in the prosecution's case. [Paras 1, 27-28] Role of Accused in Narco...
Bail Application – Second Attempt – Rejection of First Application and RenewalThe petitioner, Ashok @ Mulla Ram, filed a second bail application under Section 439 Cr.P.C., after his first application was rejected. The renewal was made possible after the recording of statements from the Investigating Officer and other witnesses. [Para 1-2] Search and Seizure – Compliance with N...
Default Bail - Petitioner seeks to set aside/modify an order granting interim bail under Section 167(2) CrPC - Case involves recovery of MDMA - Petitioner applied for default bail after 196 days in judicial custody due to non-filing of charge-sheet - Impugned order granted interim bail till filing of FSL report and challan - Petitioner contends that Section 167(2) does not allow for interim bail -...
Detention Order and Background – Petitioner, previously involved in three cases under the NDPS Act and various IPC matters, challenges the legality of his detention order – background includes previous acquittal and ongoing trials where the petitioner is either bailed or acquitted [Paras 3-7]. Authority’s Justification – Detaining authority’s order emphasized ongoi...