Repatriation of Prisoners – Sentence Adaptation – The Supreme Court held that the sentence imposed by the Supreme Court of Mauritius (26 years for possession of 152.8 grams of heroin) is binding on India under the Repatriation of Prisoners Act, 2003 and the Agreement between India and Mauritius – The Central Government's rejection of the request to reduce the sentence to 10 y...
Criminal Law – NDPS Act – Cancellation of Bail – The Supreme Court held that confessional statements recorded under Section 67 of the NDPS Act are inadmissible in the trial of an offence under the Act – Bail granted to the accused (A-2) was cancelled due to the conscious possession of commercial quantities of psychotropic substances – High Court orders granting bail t...
Criminal Law – Anticipatory Bail – NDPS Act – Multiple FIRs – Petitioner sought anticipatory bail under Section 438 Cr.P.C. – High Court discussed the permissibility of registering a fresh FIR against the petitioner, citing Nirmal Singh Kahlon v. State of Punjab, validating the second FIR due to the larger canvass of the inquiry. The statements recorded under Section ...
NDPS Act – Bail – Recovery of psychotropic substances – Seizure of 137,665 tablets collectively weighing approximately 90 kg from four locations – Confessional statements recorded under Section 67 of NDPS Act held inadmissible in trial as per Tofan Singh v. State of Madras [2021] 4 SCC 1 – Absence of clarity on quantitative analysis of samples – Prosecution&rsqu...
Narcotic Drugs and Psychotropic Substances Act – Recovery of Contraband – Accused found guilty of possessing 900 grams of smack – No incriminating substance recovered during personal search – Defence of false implication rejected – Appeal dismissed; conviction and sentence upheld [Paras 1-18].
Procedure under NDPS Act – Compliance with Section 50 – Argu...
Criminal Law – Concurrent Sentencing – Section 427 CrPC – Discretionary power to run subsequent sentences concurrently – Discretion to be exercised judiciously – Nature of offence and societal impact to be considered – Offences under NDPS Act severe and against societal interest – No discretion in favor of accused indulging in drug trafficking – Appe...
Confiscation of Hypothecated Vehicle – Section 63 NDPS Act – Proviso Interpretation – Held, under the proviso to Section 63(2) of the NDPS Act, no order of confiscation shall be made without giving the financier an opportunity of hearing – The Special Court's order confiscating the vehicle without hearing the petitioner is set aside – The case is remanded for fres...
NDPS Act – Bail Conditions – High Court granted bail based on absence of contraband possession and error in statement translation – Supreme Court held High Court failed to adhere to Section 37(1)(b) NDPS Act requirements – Emphasized need for "reasonable grounds" to believe accused not guilty and not likely to commit offences on bail – Set aside High Court o...
NDPS Act – Section 42 vs Section 43 – Recovery of poppy straw from a private vehicle on a public road – High Court erred in applying Section 43 instead of Section 42 – Vehicle was not a public conveyance – Total non-compliance with Section 42 impermissible – Compliance with Section 42 mandatory for search and seizure [Paras 1-15].
Legal Interpretation –...
Appeal against sentence higher than the minimum prescribed under the NDPS Act for possession of 1 kg heroin, addressing the adequacy o
NDPS Act – Sentence – Higher Than Minimum – Factors Considered – Accused found with 1 kg heroin, four times the commercial quantity – Minimum sentence 10 years RI – Special Court imposed 15 years RI considering the quantity in...