Criminal Law – Bail – NDPS Act – Section 37 – High Court granted bail without proper application of mind – Seriousness of allegations and involvement in an international drug syndicate not considered – High Court's reasons, including respondent's education, irrelevant to bail decision – Appeal allowed, bail canceled [Paras 7-13].
Bail – Ju...
Suspension of Sentence – NDPS Act – Stringent Bail Conditions – High Court erred in suspending sentence without complying with Section 37 NDPS Act requirements – Respondent convicted for offences involving commercial quantities of narcotics – Trial Court’s findings indicate respondent’s guilt – Appeal allowed, suspension of sentence set aside, respon...
NDPS Act – Charges and Sections Invoked – Appellant was charged under Sections 21, 21(c), 27A, 27(b), and 29 of the NDPS Act. The primary issue was the invocation of Section 37, which imposes stringent conditions for bail in certain offenses. However, the proper application of these sections was in question, with the appellant primarily accused of drug consumption [Paras 2, 7-8].
Co...
NDPS Act – Default Bail – Incomplete Challan – Petitioner sought default bail under Section 167(2) CrPC as the challan was presented without the report of the chemical examiner – Division Bench in Ajit Singh alias Jeeta held that such a challan is incomplete, entitling the accused to default bail – However, two Single Benches declared this judgment per incuriam &ndash...
NDPS Act – Compliance of Mandatory Provisions – Investigation lapses leading to bail and acquittals – Issuance of guidelines for investigating officers – Court found that non-compliance with provisions of Sections 42 and 50 of the NDPS Act often results in faulty investigations, allowing accused to secure bail and eventual acquittal – Guidelines issued for adherence t...
Criminal Law - Procedural Compliance under NDPS Act – Compliance with Section 42 NDPS Act –Search and Seizure Requirements – Appellants charged and tried under Sections 21(c) and 8(c) of the NDPS Act – Conviction and sentence of 14 years imprisonment and a fine of Rs. 2 lakhs each challenged – Defence contended non-compliance with Section 42 of the NDPS Act – He...
Criminal Law - NDPS Act - Appeal Against Conviction - Joint Consent Memo - Joint Possession
Criminal Procedure - Notice under Section 50 of NDPS Act - Joint Offer and Consent – Appeal against conviction under Section 15 of NDPS Act – Accused and co-accused were apprehended together and given a joint offer under Section 50 – Joint consent memo prepared – Co-accused acquit...
Criminal Law - Bail Application - Compliance with Statutory Provisions - NDPS Act: Application for regular bail under Section 439 CrPC - Allegation of non-compliance with Sections 42 and 50 of the NDPS Act in the search and seizure process - Held, the Sub-Inspector duly sent the information to his superior officer as required by Section 42(2) NDPS Act - The contention that the officer who conveyed...
Narcotic Drugs and Psychotropic Substances Act – Evidence – Acquittal on Grounds of Insufficient Evidence – Appeal challenging conviction under Section 15(c) of NDPS Act – Appellant not apprehended at the spot, identified solely by a police witness – No independent corroboration or ownership link to the vehicle – Prosecution’s case had discrepancies in wit...
Narcotic Drugs and Psychotropic Substances Act – Disclosure Statements – Appeal against conviction under Section 20/29 NDPS Act – Appellant No. 1 apprehended with 5.5 Kg charas at railway station – Disclosure by appellant No. 1 implicating appellant No. 2 as supplier – No recovery from appellant No. 2 – Trial Court convicted both appellants – Appeal of app...