Criminal Law - Acquittal - Drugs and Cosmetics Act 1940 - Sections 18(i)(a), 18(c) and 27 - State of Gujarat preferred appeal against judgment of Chief Judicial Magistrate Vadodara acquitting respondent accused for allegedly stocking and selling sub-standard drugs - Drug Inspector visited Alpesh Chemicals and Amar Trading Corporation and seized medicine samples later found sub-standard by analyst ...
Criminal Law - Confiscation of Vehicle - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 25, 60 and 63 - Interim Release on Financial Bonds - Applicant sought release of a truck confiscated by the Special Judge after his conviction for allowing the vehicle to be used for transporting poppy husk - Applicant argued the vehicle was deteriorating in the police station and sought release...
Criminal Law - Acquittal - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 8 and 21 - Mandatory Compliance - Respondent intercepted at a police naka and 680 grams of heroin allegedly recovered from his arm-pit - Trial Court acquitted the accused citing non-compliance with Section 50 and Section 42 of the NDPS Act alongside major evidentiary contradictions - High Court observed that ...
Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Sections 21, 25, 27-A and 29 - Bharatiya Nagarik Suraksha Sanhita 2023 - Section 483 - Arms Act - Section 25 - Petitioner arrested following a tip-off regarding a drone-based smuggling network - Recovery of 1 kg heroin from a car occupied by co-accused Jaskaran and Amritpal while petitioner was later intercepted with 6 pis...
Criminal Law - Bail - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 37 - Mandatory Twin Conditions - State of Punjab challenged High Court order granting bail to respondent arrayed in FIR involving 1.465 kg heroin - Respondent allegedly directed co-accused to collect and supply drugs while being lodged in Central Jail Goindwal Sahib - High Court granted bail primarily on grounds of...
Criminal Law - Narcotic Drugs and Psychotropic Substances Act 1985 - Section 50 - Search and Seizure - Personal Search - Mandatory Compliance - The prosecution characterized the seizure as a chance recovery during routine patrol however internal documents including the Forwarding Letter and Command Certificate revealed the officers were acting on prior information and a pre-planned raid - Held - S...
NDPS – Section 43 – Seizure in Public Place or in Transit – Applicability over Section 42 – Appellants were intercepted on NH 353 near forest naka Temari when their Eicher truck was found carrying 700 kg of Ganja concealed under scrap material – Appellants contended non-compliance of Section 42 of the NDPS Act – Held: Where search and seizure is effected from a ...
NDPS Act – Bail – Commercial Quantity – Section 37 – Prolonged Pre-Trial Custody – Article 21 – Applicant alleged to have been found in possession of 22.564 kg of ganja; co-accused found with 5.098 kg; total recovery 27.632 kg constituting commercial quantity – Chargesheet filed under Sections 20/29 of the NDPS Act – Applicant in custody for over 3 y...
NDPS – Bail – Cultivation of Ganja – Definition of "Ganja" under Section 2(iii)(b) – Petitioner accused of illegally cultivating ganja plants on his agricultural land amidst jowar plantation, with 20 plants weighing 10 kg 500 grams seized during a raid – Petitioner in custody since 11.12.2025 – Contention that seized substance does not satisfy the defi...
NDPS – Bail – Commercial Quantity – Section 37 – Petitioner alleged to have transported 501.5 kg of contraband ganja in a vehicle — Petitioner in custody for over two years — Contention of discrepancies in weighment, non-compliance of mandatory provisions, and prosecution witnesses not supporting the case — State opposed bail on ground that quantity was we...