Prisoners - Temporary release on parole - Rejection of application - Grounds for rejection - Apprehension of engaging in illegal activities and breach of peace - Insufficient grounds - Mere conjectures and surmises - Violation of statutory provisions - Unsustainable order. [Para 17]
Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 - Section 6(2) - Conditions for rejecting parole - Li...
Criminal Procedure – Section 482 CrPC – Quashing of Order and Release of Seized Property: Petition under Section 482 CrPC for quashing the order dated 28.06.2016 by the Additional Sessions Judge, Gopalganj, and for release of a motorcycle and mobile phone seized under the NDPS Act. The petitioner, accused in an NDPS case, seeks interim custody of his belongings, claiming wrongful impli...
Application for Leave to Appeal Against Acquittal – Filed under Section 378(3) of Cr.P.C. against acquittal in a case under the N.D.P.S. Act – Accused acquitted by the Special Judge, N.D.P.S. Act, Neemuch, in Special S.T. No.32A/2018. [Para 1]
Facts of the Case – Secret information led to the interception of co-accused Indarmal with 2 Kg 600 grams of opium – Re...
Criminal Appeal – Conviction and Sentence Modification – Appeal against the High Court order affirming the conviction under the Drugs and Cosmetics Act, 1940 – Appellant, a doctor, found in possession of allopathic medicines without proper paperwork – Conviction under Section 18(A) read with Section 28 of the Act upheld, but sentence modified to fine only. [Para 2, 7-13]
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NDPS - Violation of Sampling Procedure – Bail Granted – Accused arrested for possession of 24kg+ Ganja/Marijuana – Sampling procedure in violation of Standing Orders No.1/88 and 1/89 – Non-compliance raised reasonable doubt about guilt – Previous judgments cited for similar decisions in cases of procedural violation. [Paras 6-7, 19, 21, 28-29]
Section 37 ...
Criminal Law – Bail – Organized Smuggling and Terrorism – Petitioner denied bail in case involving smuggling of 236.622 kg of Heroin – Prosecution's case based on interception of Pakistani boat and involvement of petitioner as recipient – Appeal against High Court order denying bail dismissed – Supreme Court emphasized seriousness of offenses and prima facie...
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...
Supreme Court Acquits Accused in NDPS Act Case – Detailed Analysis of Procedural Non-Compliance – Supreme Court overturns conviction of Smt. Najmunisha and Abdul Hamid Chandmiya in narcotics case under NDPS Act. Elaborates on failures in lawful search and seizure, highlighting non-compliance with mandatory procedural requirements of Sections 41 and 42 of the NDPS Act. Identifies flaws ...
Grant of Anticipatory Bail Challenged – State's appeal against the High Court's decision granting anticipatory bail to the respondent-accused in connection with the seizure of 232.5 kg of ganja, exceeding the commercial quantity as defined in the NDPS Act. [Para 2]
Involvement in Drug Offences – Respondent-accused indicted as a conspirator for procurement/supply of...