NDPS Act – Bail – Section 27A – Illicit Traffic – Misuse of Provision – Bail Allowed – Petitioners, one seeking anticipatory bail and the other regular bail, were arraigned under Section 27A NDPS Act based solely on recovery of heroin (5g and 21g) and INR 1000 in cash – Court found that the investigating agencies invoked Section 27A without prima facie evi...
NDPS Act – Bail – Commercial Quantity – Section 37 – High Court granted bail without addressing incriminating circumstances, prior linked seizure, or recording mandatory satisfaction under Section 37(1)(b) – Held: Orders unsustainable – Remanded for fresh consideration; interim bail to continue till reconsideration [Paras 15–22].
Bail – NDPS Act &...
NDPS Act – Bail – Commercial Quantity – Stringent conditions – Petitioner, a foreign national, caught with 416 grams of MDMA (commercial quantity) – Bail sought on ground that grounds of arrest not communicated in writing as required under Article 22(1), Section 47 BNSS and Section 52(1) NDPS Act – Held: Arrest memo signed and explained in English; communication...
NDPS Act – Section 21 – Conviction – Appeal – Appellant convicted for possession of commercial quantity of heroin (nearly 6 kg) recovered from bag on motorcycle – Search conducted after informing appellant of right under Section 50 NDPS Act – Recovery in presence of DSP and consent recorded – Samples drawn on spot and sealed – Produced before Magistr...
Narcotic Drugs and Psychotropic Substances – Acquittal – Appellant convicted under Section 22(c) of the NDPS Act for alleged possession of 174 ampules of Lupigesic and 24 unlabelled ampules – Trial court sentenced appellant to 13 years of rigorous imprisonment with fine – Appellant challenged conviction citing procedural lapses including delay in production of contraband an...
NDPS – Bail – Commercial Quantity – MDMA 70 gms – FSL positive – Twin conditions – Bail refused – Accused No.3 sought bail under Sec. 483 BNSS/439 CrPC for offences under Secs. 8(c), 21(c) & 22(c) NDPS – Court held seizure of 70 gms MDMA from petitioner established prima facie by mahazar and FSL report – Quantity is commercial – No gr...
NDPS Act – Appeal Against Acquittal – Acquittal Upheld – Prosecution case based on recovery of 1 kg 50 grams charas from each accused – Trial court acquitted accused due to contradictions in evidence – High Court found inconsistencies in timing of arrest, packing and sealing procedure, and absence of independent witnesses – Held: Prosecution failed to establish ...
NDPS Act – Confiscation of Vehicle – Interim Release – Jurisdiction of Special Court – Rules of 2022 do not divest the Special Court of power to order interim custody of a seized conveyance – Subordinate legislation cannot override parent statute – Power under Sections 451 & 457 CrPC [497 & 503 BNSS] remains intact – High Court’s contrary vie...
NDPS Act – Bail – Commercial Quantity – Section 37 Bar – Petitioner arrested with 150 bottles of Codeine-based syrup and found in possession of multiple contrabands at co-accused’s premises – Statement under Section 67 NDPS Act reveals trafficking and delivery role – Trial court framed charges under Sections 8, 8-A, 21(c), 22, 27-A, 29 NDPS Act – Pet...
NDPS Act – Bail – Commercial Quantity – Section 37 – Rejection of Bail – 500 grams of Mephedrone recovered from applicant’s conscious possession – Seizure made in presence of panch witnesses after informing accused of rights under Section 50 – Contraband verified and certified by Magistrate under Section 52A – Chemical Analyzer’s report c...