Criminal Law – Conviction under NDPS Act – Appeal against trial court's judgment convicting appellant for possession of 7 kg of 'charas' later identified as 'opium' – Alleged procedural lapses in compliance with mandatory provisions of Sections 50 and 52A NDPS Act – Safe custody of seized contraband not established – Discrepancies in forensic exami...
Grant of Bail – NDPS Act – Application under Section 439 CrPC for grant of regular bail in connection with FIR registered under Sections 8(c), 22(c), and 29 of NDPS Act – Held, bail granted based on the absence of clear evidence linking petitioner directly with the contraband and inconsistencies in the prosecution's case. [Paras 1, 27-28]
Role of Accused in Narco...
Bail Application – Second Attempt – Rejection of First Application and RenewalThe petitioner, Ashok @ Mulla Ram, filed a second bail application under Section 439 Cr.P.C., after his first application was rejected. The renewal was made possible after the recording of statements from the Investigating Officer and other witnesses. [Para 1-2]
Search and Seizure – Compliance with N...
Default Bail - Petitioner seeks to set aside/modify an order granting interim bail under Section 167(2) CrPC - Case involves recovery of MDMA - Petitioner applied for default bail after 196 days in judicial custody due to non-filing of charge-sheet - Impugned order granted interim bail till filing of FSL report and challan - Petitioner contends that Section 167(2) does not allow for interim bail -...
Detention Order and Background – Petitioner, previously involved in three cases under the NDPS Act and various IPC matters, challenges the legality of his detention order – background includes previous acquittal and ongoing trials where the petitioner is either bailed or acquitted [Paras 3-7].
Authority’s Justification – Detaining authority’s order emphasized ongoi...
Criminal Bail Application – Grant of Bail – Petitioner denied bail by trial Court – Nature of charges under various sections including IPC, NDPS Act, and Arms Act – Prosecution alleging involvement in illegal activities – Co-accused already granted bail – Prolonged preventive custody – Likelihood of tampering with evidence and influencing witnesses –...
Criminal Bail Application – Violation of NDPS Act – Petitioner seeks bail under Section 439 CrPC – Allegations of possession of contraband – Petitioner’s antecedents, irreparable injustice, and commercial quantity involved are key points – Court examines compliance with NDPS Act provisions and legislative mandate under Section 37. [Para 1]
Burden of...
Criminal Appeal – Conviction under Section 29 of the ND&PS Act – Lack of evidence to establish abetment or criminal conspiracy – Discrepancies in link evidence – Non-compliance with Section 42 – Production of seized contraband before Magistrate – Presumption of possession under Section 54 – Mere non-production of specimen seal – Appeal allowed &n...
NDPS Act Conviction – Appellants charged under Sections 21(c) and 27A of NDPS Act for possession and financing illegal narcotics trade – Recovery of phensedyl cough syrup from Narayan Yadav upheld - Conviction and sentencing of Narayan Yadav under Section 21(c) maintained but under Section 27A set aside due to lack of evidence of financing illegal trade [Paras 21-26, 55-57].
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Bail Application – Accused Sah Jamal charged under Section 21© of the NDPS Act – In custody since 24-05-2023 – Application filed under Section 439 of CrPC. [Para 1]
Allegation of Procedural Violations – Petitioner contends wrongful implication, highlights non-compliance with Section 52A of NDPS Act regarding handling and sending of samples to CFSL – Raises iss...