Criminal Appeal – Grant of Bail – Appellant’s appeal challenging the bail condition imposed by the High Court – Appellant, a foreign citizen, had been under incarceration for around nine years and three months – High Court’s condition required a certificate of assurance from the High Commission of Nigeria – Appellant’s counsel argued that this condit...
Appeal against sentence higher than the minimum prescribed under the NDPS Act for possession of 1 kg heroin, addressing the adequacy o
NDPS Act – Sentence – Higher Than Minimum – Factors Considered – Accused found with 1 kg heroin, four times the commercial quantity – Minimum sentence 10 years RI – Special Court imposed 15 years RI considering the quantity in...
Criminal Appeal – Narcotics Drugs and Psychotropic Substances Act, 1985 – Conviction under Section 15 – Drawing of Samples at the time of seizure – Compliance with Section 52A(2) – Procedure for drawing samples in the presence of a Magistrate – Effect on prosecution’s case – Doubt about the nature of seized substance. (Para 3)
Criminal Procedure &...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21 - Conviction under - Appellant convicted for possession of heroin under Section 21 of the NDPS Act - Recovery of contraband made from the appellant's hand - Non-compliance with mandatory provisions of Section 50 of the NDPS Act - Appellant's contention of false implication and lack of independent witnesses - Appellant acquit...
Special Leave Petition – Bail Request – Petitioners charged under FIR No. 342 of 2021 for carrying 100 bottles of Phensedyl Cough Syrup containing Codeine Phosphate – In custody for over 2 years – Trial yet to commence – Petitioners seek bail. [Para 1-3]
Prosecution's Stand – State counsel indicates that 12 prosecution witnesses are scheduled for examinat...
Grant of parole - Sections 21, 23, 28, 29, 60, 61, 63 of the NDPS - Challenge to declining order of parole - Whether declining order was ill-informed and not founded on credible material - Reasons given for denying parole based on mere apprehensions - No adverse report by Superintendent of Jail concerning petitioner's conduct - Order suffers from non-application of mind - Petition allowed and ...
Criminal Law – Bail – NDPS Act – Section 37 – High Court granted bail without proper application of mind – Seriousness of allegations and involvement in an international drug syndicate not considered – High Court's reasons, including respondent's education, irrelevant to bail decision – Appeal allowed, bail canceled [Paras 7-13].
Bail – Ju...
Suspension of Sentence – NDPS Act – Stringent Bail Conditions – High Court erred in suspending sentence without complying with Section 37 NDPS Act requirements – Respondent convicted for offences involving commercial quantities of narcotics – Trial Court’s findings indicate respondent’s guilt – Appeal allowed, suspension of sentence set aside, respon...
Criminal Appeal – Conviction under Section 20 of the NDPS Act – Appeal against judgment and order of conviction by High Court – Acquittal by Trial Court – Dispute regarding the applicability of Section 50 of the NDPS Act – Interpretation of the expression "to search any person". [Para 1-18]
Analysis of Applicability of Section 50 of NDPS Act - Search of p...
Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) - Sections 15, 42 - Non-compliance of Section 42 - Secret information not reduced into writing - Breach of mandatory provision - Acquittal of appellant - Ruqa sent for recording FIR not sufficient compliance with Section 42 - Non-compliance of statutory provisions - Prejudice irrelevant - Absolute duty with strict compliance ruling ...