NDPS Act – Bail Petition – Pretrial Detention Unnecessary – The petitioner was apprehended in possession of heroin during a Nakka set up by the police. Investigation completed and charges filed. Held: Pretrial incarceration should be avoided unless necessary. Since no recovery is pending and there is no flight risk or evidence of past criminal history related to serious offences,...
NDPS Act – Commercial Quantity – Recovery of 602 gms Heroin – Bail Denied – The petitioner was found in possession of 602 gms of heroin, significantly above the commercial threshold – The Court held that compliance with Section 50 of the NDPS Act was properly executed, and the delay in submitting the contraband to the FSL was not unreasonable [Paras 2-15].
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Criminal Law – Bail in NDPS Cases – Section 21(c) NDPS Act – Bail Granted – The appellant had been in custody since April 2023 in connection with the seizure of Codeine Phosphate syrup. Despite the filing of the chargesheet and supplementary chargesheet, the trial was not set to commence until January 2025. The Supreme Court granted bail, considering the prolonged pre-trial...
Bail – Prolonged Incarceration – Section 436A CrPC – NDPS and Foreigners Act – Bail Granted – The petitioner, a Bangladeshi national, was arrested in April 2019 for possessing Yaba tablets and for entering India without valid documents – The petitioner has been in custody for over five years and five months, exceeding the maximum imprisonment period under the Fo...
Criminal Law – NDPS Act – Compliance with Section 50 – Search and Recovery Validated – The appellant was convicted for possession of 0.4 grams of LSD, found in 30 square-shaped pieces. The appellant argued that the mandatory provisions under Section 50 of the NDPS Act were violated, particularly that he was not informed about his right to be searched before a Gazetted Offic...
Bail Application – NDPS Act – The petitioner, accused under Sections 22 and 29 of the NDPS Act, sought bail after being in custody for nearly four months – The Court considered that the petitioner was named in the FIR solely based on a co-accused's disclosure statement, and no contraband was recovered from him – Trial had not yet begun, and the Court highlighted the pro...
NDPS – Acquittal - Non-Compliance with Section 50 NDPS Act – Right to Search before a Magistrate or Gazetted Officer – The appellant was charged with possession of 535 grams of Methamphetamine – He argued that his right under Section 50 of the NDPS Act was violated as he was not properly informed of his right to be searched before a Magistrate or a Gazetted Officer – ...
Bail Application – NDPS Act – Commercial Quantity of Narcotics – Section 37 NDPS Act – Bail Rejected - Section 50 Compliance – Non-compliance Alleged – The petitioner, a 71-year-old citizen of Belize, sought bail under Section 439 of CrPC, arguing non-compliance with Section 50 of the NDPS Act – Alleged that he was not informed of his right to be searched ...
Bail under NDPS Act – No Direct Recovery – The petitioner sought regular bail on the ground that no recovery was made from him and that he was implicated solely based on a disclosure statement by a co-accused – Held: Given the lack of direct recovery and the fact that co-accused in similar circumstances were granted bail, the petitioner was entitled to bail, subject to conditions...
NDPS Act – Bail Application – Commercial Quantity of Narcotic Substance – Section 37 Rigors Considered – The petitioner sought bail in connection with the recovery of a commercial quantity of Ganja. While Section 37 of the NDPS Act imposes stringent conditions for bail, the court held that these conditions must be balanced against the petitioner’s right to a speedy tr...