NDPS - Possession and Conscious Possession – Section 20(b)(ii)(C) NDPS Act – The appellant was convicted for possessing 208 kg of ganja, which was seized from a private vehicle he was driving – Held: The court observed that possession includes both physical custody and mental awareness – The standard for conscious possession varies depending on whether the vehicle is public...
Narcotic Drugs and Psychotropic Substances Act – Acquittal – The appellant was convicted under Section 20 of the NDPS Act for possession of 1.1 kg of charas – The conviction was based on the testimony of police officers without corroborating independent witnesses – Significant contradictions were found in the statements of prosecution witnesses regarding the search and seiz...
Criminal Law – NDPS Act – Section 22(c) – Bail under Section 439 CrPC – Prolonged incarceration considered for granting bail – Petitioner apprehended with 295 grams of heroin under Section 22(c) of the NDPS Act – Prosecution failed to present significant progress in the trial despite the charges being framed on 30.11.2023 and only one witness being examined out ...
Criminal Law – NDPS Act – Acquittal - Section 52A compliance – Whether the procedure for sampling under Section 52A was followed. Held, the samples were drawn on the spot without the presence of a Magistrate, which contravenes the NDPS Act. As per the Supreme Court's decisions in Mohanlal and Yusuf, samples must be drawn in the presence of a Magistrate, and the inventory must...
Narcotic Drugs and Psychotropic Substances Act – Acquittal - Search and Seizure – Non-Compliance with Section 42 - The investigating officer failed to obtain a search warrant or authorization from the jurisdictional Magistrate, a requirement under Section 42 of the NDPS Act - The search was conducted without the proper authorization, vitiating the procedure - Held: Non-compliance with ...
Criminal Law – Statutory Bail – Sections 167(2) CrPC and 36A(4) of the NDPS Act – Whether the accused is entitled to statutory bail under Section 167(2) of the CrPC in light of the failure to complete the investigation within the prescribed time frame – Held, the petitioner is entitled to statutory bail, as the final report has not been filed within 90 days, and the contrab...
Bail – NDPS Act – Procedural Non-compliance – Petitioner charged under NDPS Act for possession of commercial quantity of contraband opium – Petitioner argued non-compliance with Sections 50 and 52A, raising questions about the legality of the search and the admissibility of evidence – Court found merit in the arguments, stating that procedural lapses, including failur...
Narcotic Drugs and Psychotropic Substances Act (NDPS), 1985 – Application for Extension of Investigation Time and Denial of Default Bail – High Court dismisses petitions challenging the extension of time for investigation under Section 36A of the NDPS Act and the denial of default bail under Section 167(2) of the Cr.P.C. – Accused involved in the conspiracy to transport Methamphe...
NDPS Act – Conviction and Sentence – Recovery of poppy husk – Appellants not apprehended at the scene – Identification issues – Procedural lapses – Independent witness not examined – Case property not produced – Appeals allowed, conviction and sentence set aside [Paras 1-16].
Adverse Inference – Case property destruction due to flo...
Narcotics Law – Conviction based on recovery of 'Charas' – Non-support by independent witnesses – Evidence from official witnesses – Weight of Evidence – The appellants were convicted under Sections 20 and 29 of the NDPS Act based on the recovery of 1.5 kg of 'Charas'. Independent witnesses turned hostile, but the court held that non-support by indepen...