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...
Criminal Law – Bail – NDPS Act – Petition for regular bail under Section 439 Cr.P.C. – Recovery of 295 grams of heroin not effected from the petitioner – Petitioner arrested based on the disclosure statement of co-accused – Recovery from petitioner is 35 grams, less than the commercial quantity of 250 grams – Co-accused already granted regular bail –...
Narcotic Drugs and Psychotropic Substances Act – Non-compliance with Section 57 – Appeal against Conviction – Code of Criminal Procedure, 1973, Section 374 – NDPS Act, 1985, Sections 15, 57 – Appellant convicted for possession of 800 kg of poppy straw – Non-compliance with Section 57 claimed – Held, non-compliance with Section 57 does not vitiate the prose...
Criminal Law – NDPS Act – Bail – Conscious Possession – Recovery of narcotics from a polythene bag thrown on the ground by the petitioner when the police approached – Bail granted – Court found it debatable whether the petitioner was in conscious possession of the contraband – The petitioner was not involved in any other case, and all prosecution witnesses...
Criminal Law – NDPS Act – Quashing of Proceedings – Petitioner sought quashing of criminal proceedings under Section 482 CrPC for offences under Sections 21, 22, and 29 of the NDPS Act – Contention that petitioner was not directly involved in the contravention, merely being the owner of a drug license and a medicine shop – Alleged procedural lapses in seizure and inve...
NDPS Act - Non-Compliance of Section 50 - Appeal against Conviction - Recovery from Cloth Bag - Section 50 not applicable to non-personal search - Conviction under Section 18 upheld. [Para 10]
Witness Credibility - Absence of Independent Witnesses - Statements of Official Witnesses - Genuineness of Prosecution Case - No false implication motive attributed - Testimonies of official wit...
NDPS Act - Post-Trial Disposal of Confiscated Articles - Sections 60-63 of the NDPS Act - Confiscation of Car - Police took possession of the car without a formal order of confiscation - Notice under Section 60 issued to the registered owner - Mandatory provisions of Sections 60 to 63 not complied with - Special Court erroneously declined to proceed as the trial had concluded - Impugned order set ...
Narcotic Drugs and Psychotropic Substances – Procedural Irregularities – Conviction Appeal – Non-compliance with Sections 100 and 165 CrPC amounts to mere irregularity – Evidence of official witnesses deemed credible – Conviction upheld – Sentence reduced considering the appellant’s age and trial duration. [Paras 1-12]
Evidence Law – Cre...
Criminal Law – NDPS Act – Procedural Violations – Appeals against conviction under Section 15 of NDPS Act – Prosecution failed to comply with Sections 52 and 52A – Samples not produced before magistrate for certification – Appellants not informed of arrest grounds – Mandatory procedural breaches caused serious prejudice – Appeals allowed, convictions...
Narcotics Law – Quashing of FIR – Petition to quash FIR and arrest memo in narcotics case – Seizure of LSD and ganja gummies through controlled delivery – Petitioner claimed possession for self-consumption, disputing invocation of Sections 22(c) and 28 of NDPS Act – Court found prima facie case and upheld investigation citing proper procedure and pending qualitative a...