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...
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...