Criminal Law - Procedural Compliance under NDPS Act – Compliance with Section 42 NDPS Act –Search and Seizure Requirements – Appellants charged and tried under Sections 21(c) and 8(c) of the NDPS Act – Conviction and sentence of 14 years imprisonment and a fine of Rs. 2 lakhs each challenged – Defence contended non-compliance with Section 42 of the NDPS Act – He...
Criminal Law - Bail Application - Compliance with Statutory Provisions - NDPS Act: Application for regular bail under Section 439 CrPC - Allegation of non-compliance with Sections 42 and 50 of the NDPS Act in the search and seizure process - Held, the Sub-Inspector duly sent the information to his superior officer as required by Section 42(2) NDPS Act - The contention that the officer who conveyed...
Criminal Law – Appeal against Acquittal – Narcotic Possession – Respondent acquitted of possessing 900 grams of charas by trial court – High Court dismisses State’s appeal due to lack of compelling evidence and procedural flaws in the investigation – Critical emphasis on the reliability of witness testimonies and adherence to legal procedures – Significant...
Criminal Law - NDPS Act - Appeal Against Conviction - Joint Consent Memo - Joint Possession
Criminal Procedure - Notice under Section 50 of NDPS Act - Joint Offer and Consent – Appeal against conviction under Section 15 of NDPS Act – Accused and co-accused were apprehended together and given a joint offer under Section 50 – Joint consent memo prepared – Co-accused acquit...
Search and Seizure – Compliance with Legal Provisions – The appellants contended non-compliance with Sections 42 and 100(4) Cr.P.C. – Court held that since the search was conducted at 7:30 AM, during sunrise, there was no requirement for a warrant or recording the grounds of belief – Proper procedure under Section 42 of the NDPS Act was followed – Conviction upheld [P...
Narcotic Drugs and Psychotropic Substances Act – Disclosure Statements – Appeal against conviction under Section 20/29 NDPS Act – Appellant No. 1 apprehended with 5.5 Kg charas at railway station – Disclosure by appellant No. 1 implicating appellant No. 2 as supplier – No recovery from appellant No. 2 – Trial Court convicted both appellants – Appeal of app...
Narcotic Drugs and Psychotropic Substances Act – Evidence – Acquittal on Grounds of Insufficient Evidence – Appeal challenging conviction under Section 15(c) of NDPS Act – Appellant not apprehended at the spot, identified solely by a police witness – No independent corroboration or ownership link to the vehicle – Prosecution’s case had discrepancies in wit...
Criminal Law – Conviction under NDPS Act – Acquittal on Appeal – Appellant convicted under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for allegedly supplying a psychotropic substance, Fortwin injections, for illegal interstate transportation. High Court upheld the conviction; however, the Supreme Court found no admissible evidence...
Narcotic Drugs – Conviction – Appeal: Appellant convicted for possession and trafficking of charas (9 kg and 800 grams) – Trial Court sentenced appellant to 20 years imprisonment with a fine of Rs. 1,00,000 – Appellant’s challenge based on procedural lapses in sampling and certification as per NDPS Act and Standing Orders – High Court finds procedural irregulari...
Criminal Law – NDPS Act – Conviction and Sentence – Appellant convicted for possession of 77.36 kg of Cannabis (Ganja) – Conviction challenged on grounds of procedural lapses and non-compliance with Section 52A NDPS Act – Trial Court failed to present primary evidence in form of certified inventory, photographs, and list of samples – Seized contraband not physic...