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...
Criminal Procedure - Anticipatory Bail - Second Application - Change in Circumstance- Change in Fact-Situation – Petition under Section 438 Cr.P.C. for anticipatory bail – Held: A second anticipatory bail application can be filed only if there is a change in fact-situation or law which requires the earlier view being interfered with, or where the earlier finding has become obsolete. Me...
Criminal Law – Quashing - NDPS Act - Vicarious Liability of Property Owner - The petitioner was implicated under the NDPS Act for allegedly allowing his property to be used for a drug-related event without his knowledge. The court analyzed the applicability of Section 25 of the NDPS Act, which requires conscious knowledge for the owner to be held liable. Citing precedents, the court emphasiz...
Criminal Law – Conviction under NDPS Act – Appellant convicted for possession of small quantities of heroin – Trial court’s conviction based on police testimony, despite minor inconsistencies in witness accounts – Appeal dismissed, with the court affirming the conviction and sentence, noting that procedural lapses and the absence of independent witnesses did not signi...
NDPS Act - Compliance with Section 42 - Conviction Challenged - Search and Seizure from Private Vehicle - Secret information not reduced to writing - No evidence of information conveyed to senior officer - Held, a private vehicle does not qualify as a 'public place' under Section 43 - Provisions of Section 42 are mandatory - Conviction set aside due to non-compliance with Section 42. [Para...
Confiscation of Hypothecated Vehicle – Section 63 NDPS Act – Proviso Interpretation – Held, under the proviso to Section 63(2) of the NDPS Act, no order of confiscation shall be made without giving the financier an opportunity of hearing – The Special Court's order confiscating the vehicle without hearing the petitioner is set aside – The case is remanded for fres...
Criminal Law - Anticipatory Bail – Section 438 CrPC – NDPS Act – Non-commercial quantity – Grant of bail to petitioner – Petitioner not named in FIR, no recovery effected from him, only based on wife's disclosure statement – Petitioner’s wife found with 6.25 grams of heroin, far less than commercial quantity – Petition allowed. [Paras 1-18]
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Criminal Law - Regular Bail - Non-compliance with NDPS Act Procedures - Criminal Miscellaneous Petition seeking regular bail under Section 439 of Cr.P.C. - Allegation of possession and sale of 20,000 intoxicating tablets of Tramadol Hydrochloride - Petitioner argues non-compliance with Section 42 of the NDPS Act - Held, total non-compliance with Section 42 is impermissible; delayed compliance acce...