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...
Overcharging – Recovery Powers – The NPPA issued demand notices for overcharging on the drug Roscilox, requiring the appellant to deposit both the overcharged principal amount and the interest – The NPPA's authority to recover overcharged amounts is rooted in Paragraph 13 of the DPCO, which empowers the government to recover amounts accrued from charging prices higher than th...
Bail Application – Regular Bail – Appellants accused of drug smuggling and financing terrorism – Held in custody for nearly four years – High Court granted bail emphasizing the constitutional right to speedy trial and personal liberty – Bail granted with strict conditions despite stringent provisions under UAPA and NDPS Act [Paras 1-29].
Constitutional La...
Criminal Law – Bail – Section 439 Cr.P.C. – Application for bail by the accused implicated in a narcotics case – Accused has been in judicial custody for 190 days – No final report filed – Entitled to statutory bail under Section 167(2) Cr.P.C. and Section 36A(4) NDPS Act – Bail granted with conditions [Paras 1-12].
Narcotic Drugs and Psychotr...
Narcotic Drugs – Admissibility of Samples – Conviction under Sections 20(b)(ii)C and 29 of the NDPS Act challenged – Appellants contended that samples drawn at the scene were not forwarded for chemical examination, violating Section 52A – Court noted failure to forward primary evidence, the samples drawn in presence of Magistrate – Held, conviction and sentence unsust...
Seized Vehicles – Return Pending Trial – Petitioner, the registered owner of the vehicle No. WB 32J-4623, challenged the rejection of his request for the vehicle’s return, seized for allegedly transporting commercial quantities of ganja – High Court examined precedents and legal provisions regarding interim custody of seized vehicles – Held that seized vehicles may be...
Criminal Law – Bail Conditions – The appellant, a Nigerian national, was granted bail by the High Court with conditions including obtaining a certificate of assurance from the High Commission of Nigeria and dropping a PIN on Google Maps to ensure location tracking – Supreme Court held that the condition to drop a PIN on Google Maps violated the right to privacy under Article 21 o...
Criminal Procedure – Bail Application – Petitioners filed third bail applications under Section 439 Cr.P.C. – Previously rejected twice – Argument that no prima facie case against petitioners based solely on co-accused’s confessional statement during police custody – Confession not falling within the ambit of Section 27 of Indian Evidence Act as no discovery of ...
Narcotics – Discharge of Accused – Trial Court Order Set Aside – Trial court discharged the respondent based on the inadequacy of evidence aside from co-accused statements under Section 67 of the NDPS Act – High Court emphasized admissibility of CDRs and additional evidence – Statements under Section 67 inadmissible under Section 25 of the Evidence Act alone but CDRs ...
Criminal Law – Discharge of Accused – Trial Court discharged respondent for lack of material evidence beyond co-accused statements under Section 67 of the NDPS Act – Revision petition filed by Union of India challenging this discharge – High Court emphasized the need for sufficient material to form a prima facie case [Paras 1-14].
Evidence – Call Detail R...