Narcotic Drugs and Psychotropic Substances Act – Regular Bail – Individual vs. Collective Recovery – Petition for bail where 1 kg opium was recovered from petitioner and 9 kg from co-accused. Held, the total quantity should not be considered collectively when individual recovery is effected. Individual recovery from petitioner is non-commercial quantity, making Section 37 of NDPS...
Narcotic Drugs and Psychotropic Substances Act – Regular Bail – Non-Commercial Quantity – Petition for regular bail where the petitioner was implicated based on the disclosure statement of a co-accused and a small quantity of 35 grams of heroin was recovered from him. Held, the petitioner was not named in the initial secret information, and the recovery from him is significantly ...
Criminal Law – Regular Bail – NDPS Act – Petitioner's involvement in conspiracy alleged under Sections 20 and 29 NDPS Act – No recovery directly from petitioner – Petitioner not apprehended at scene, nor owner of implicated vehicle – Held: Grant of regular bail justified considering prolonged custody and arguable points on merits – Petitioner entitled ...
Criminal Law – Anticipatory Bail – NDPS Act – Multiple FIRs – Petitioner sought anticipatory bail under Section 438 Cr.P.C. – High Court discussed the permissibility of registering a fresh FIR against the petitioner, citing Nirmal Singh Kahlon v. State of Punjab, validating the second FIR due to the larger canvass of the inquiry. The statements recorded under Section ...
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...
Bail – NDPS Act – Regular Bail – Petitioner (Accused No.2) involved in illegal possession and transportation of 48 kgs of Ganja – Arrested on 02.03.2024 and in judicial custody since then – Entire investigation completed except filing of charge sheet – Bail granted with conditions – Petitioner to execute a personal bond for Rs.10,000/- with two sureties &n...
Bail – NDPS Act – Commercial Quantity Recovery – Procedural Irregularities – Petitioner seeking regular bail under Section 439 Cr.P.C. in a case under Section 22 of the NDPS Act, involving recovery of commercial quantity of Tramadol Hydrochloride – Contention that recovery was a chance discovery made by a police party in a private vehicle, not recorded in the police z...
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...
Narcotic Drugs and Psychotropic Substances Act – Procedural Compliance – Appeal against conviction for possession of contraband (charas) – Appellant was convicted by the trial court and sentenced to rigorous imprisonment for ten years and fined rupees one lakh – High Court found non-compliance with Section 52A of the NDPS Act – Samples not drawn in the presence of a M...
Criminal Law – Discharge of Accused – Trial Court discharged respondent for lack of material evidence beyond co-accused statements under Section 67 of the NDPS Act – Revision petition filed by Union of India challenging this discharge – High Court emphasized the need for sufficient material to form a prima facie case [Paras 1-14].
Evidence – Call Detail R...