Criminal Misc. Bail Application – Second Attempt – Applicant Prem Paudel seeks bail in a case under the N.D.P.S. Act, having previously been denied by the Court – Application filed for reconsideration based on material change in circumstances. [Para 1-3]
Prosecution Case – Claimed violation of Sections 8/18/23/29 of the NDPS Act by the applicant – Counsel for the a...
Bail Application - Grant of regular bail to petitioners - Petitioners are accused in a case involving charges under Sections 307, 353, 186, and 34 IPC, Section 21(c) of the Narcotic Drugs & Psychotropic Substances Act, and Section 25 of the Arms Act - Petitioner Sukhchain Singh alias Bhujia withdrew his petition. [Para 3-4]
Bail Application - Petitioners Manpreet Singh alias Patwa...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Conviction and Sentence – Appeal – Non-compliance with Section 52A – Conviction and sentence of the appellant set aside due to non-compliance with mandatory provisions of Section 52A of the NDPS Act, which requires the preparation of an inventory, and drawing of samples in the presence of a Magistrate – Held that ...
Criminal Law – NDPS Act – Conviction for Possession of Poppy Husk – Appeal against conviction under Section 15 NDPS Act – Appellant argued improper handling of evidence and lack of primary evidence due to destruction of examined sample cloth parcels – High Court found non-compliance with statutory procedures for certifying and retaining evidence – Inventory and ...
Bail – Section 439 Cr.P.C. – NDPS Act – Prolonged Custody and Delay in Trial – Bail applications by petitioners arrested with 23600 tablets of Tramadol Hydrochloride. Petitioners in custody since 27.11.2020, with trial progress minimal, citing only 3 out of 13 witnesses examined over 3.5 years. Held: Prolonged incarceration violates Article 21 of the Constitution. Supreme C...
Bail Application – Narcotic Drugs and Psychotropic Substances (NDPS) Act – Application under Section 439 of the Cr.P.C. for regular bail in case registered under various sections of the NDPS Act, involving the recovery of 230 kg of poppy husk – Petitioner neither driver nor owner of the truck; co-accused granted bail – Prolonged incarceration without charge framing or witne...
Bail under Section 439 Cr.P.C. – Petition for grant of regular bail – Offences under Sections 21/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 – Petitioner found in possession of 950 intoxicating capsules – Allegation of Tramadol Hydrochloride weighing 608 grams – Petitioner contends discrepancies in signature language on notice under Section 50 NDPS A...
Bail Application under Section 439 CrPC - Petitioner seeking bail in connection with FIR under Sections 22(C) and 27-A/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) - Petitioner not found in possession of contraband, implicated based on disclosure statement of co-accused - Interim bail previously granted by Coordinate Bench - Prosecution relying on disclosure stateme...
Acquittal – Narcotic Drugs and Psychotropic Substances Act (NDPS) – Criminal Appeal against Special Court, Bathinda's judgment convicting under Sections 21 and 22 NDPS Act – High Court sets aside conviction – Finds prosecution's case unconvincing and lacking substantial proof – Highlights flaws in prosecution’s presentation and handling of evidence &ndas...
Criminal Bail Application – Narcotics Offences – Applicant charged under Sections 8(c), 20, 22 & 29 of the NDPS Act – Retraction of statement made under Section 67 NDPS Act – No recoveries from the Applicant – Lack of independent evidence linking the Applicant to the alleged offences – Constitutional guarantees and admissibility of confessional statements &n...