NDPS Act – Section 50 – Personal Search and Recovery – The Supreme Court held that Section 50 of the NDPS Act mandates informing the accused of their right to be searched before a Gazetted Officer or Magistrate. Offering an option to be searched by the officer conducting the raid, not stipulated in the statute, contravenes this provision. However, this protection applies specific...
Criminal Appeal - Conviction under NDPS Act – Appeal against conviction for possession of 6 kgs of ganja under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act – Trial court convicted the appellant and sentenced to rigorous imprisonment for three years and a fine – Appeal dismissal upheld by High Court. [Para 1, 44-46]
Search and Seizure Compliance - Compliance with Section...
Criminal Appeal – Acquittal under NDPS Act – Violation of safeguard under Section 50 – Appellants convicted under Section 20(b)(ii)(C) of the NDPS Act – Challenge to conviction on the basis of violation of the safeguard provided in Section 50 – Consent letter failed to inform appellants of their right to request a search before a gazetted officer or Magistrate –...
Criminal Appeal – Conviction under NDPS Act – Appeal against the judgment of the High Court – Appellants convicted for possession of contraband – Various grounds of appeal raised, including the admissibility of confession statements – Examination of evidence and procedural safeguards required under the NDPS Act – Credibility of independent witnesses questioned &...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - Recovery from co-accused - Disclosure statement - No recovery from the petitioner - Petitioner's name emerging from disclosure statement - Petitioner in custody for a significant period - No comment on merits of the case - Petitioner granted bail. [Para 5]
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - No...
Factual Background and Lower Court's Decision – Nababuddin, along with two co-accused, convicted for possessing 205 kg of poppy straw under Section 15 of NDPS Act – Conviction based on possession of railway receipt and confirmed by High Court. [Para 1]
Prosecution's Case – Accused deemed in conscious possession due to holding railway receipt for parcels conta...
Prolonged Incarceration without Trial Progress – Appellant in custody since 9th April 2021, with minimal trial progress despite High Court's order for completion within six months – Only 5 out of 25 witnesses examined – Issue of prolonged incarceration without trial conclusion highlighted.
High Court's Inconsistent Bail Grant – High Court's recognition of th...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Bail Application – Appellant detained for possession of 45 grams of heroin, below the commercial quantity defined by the Act – No substantial evidence linking appellant to larger quantity seized from co-accused – Continued detention deemed unnecessary. [Para 1-4]
Bail Conditions – Section 37 of the 1985 Act &nd...
Criminal Appeal – Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Conviction and Sentencing – Appellant challenging conviction and 10-year sentence for possession of commercial quantity of heroin – The appeal arises from the High Court's affirmation of the trial court's conviction and sentencing. [Para 1-6]
Search and Seizure – Proce...
NDPS Act – Bail Conditions – High Court granted bail based on absence of contraband possession and error in statement translation – Supreme Court held High Court failed to adhere to Section 37(1)(b) NDPS Act requirements – Emphasized need for "reasonable grounds" to believe accused not guilty and not likely to commit offences on bail – Set aside High Court o...