Criminal Appeal – Acquittal under NDPS Act – Violation of safeguard under Section 50 – Appellants convicted under Section 20(b)(ii)(C) of the NDPS Act – Challenge to conviction on the basis of violation of the safeguard provided in Section 50 – Consent letter failed to inform appellants of their right to request a search before a gazetted officer or Magistrate –...
Criminal Appeal – Conviction under NDPS Act – Appeal against the judgment of the High Court – Appellants convicted for possession of contraband – Various grounds of appeal raised, including the admissibility of confession statements – Examination of evidence and procedural safeguards required under the NDPS Act – Credibility of independent witnesses questioned &...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - Recovery from co-accused - Disclosure statement - No recovery from the petitioner - Petitioner's name emerging from disclosure statement - Petitioner in custody for a significant period - No comment on merits of the case - Petitioner granted bail. [Para 5]
Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - No...
Factual Background and Lower Court's Decision – Nababuddin, along with two co-accused, convicted for possessing 205 kg of poppy straw under Section 15 of NDPS Act – Conviction based on possession of railway receipt and confirmed by High Court. [Para 1]
Prosecution's Case – Accused deemed in conscious possession due to holding railway receipt for parcels conta...
Prolonged Incarceration without Trial Progress – Appellant in custody since 9th April 2021, with minimal trial progress despite High Court's order for completion within six months – Only 5 out of 25 witnesses examined – Issue of prolonged incarceration without trial conclusion highlighted.
High Court's Inconsistent Bail Grant – High Court's recognition of th...
Narcotic Drugs and Psychotropic Substances Act, 1985 – Bail Application – Appellant detained for possession of 45 grams of heroin, below the commercial quantity defined by the Act – No substantial evidence linking appellant to larger quantity seized from co-accused – Continued detention deemed unnecessary. [Para 1-4]
Bail Conditions – Section 37 of the 1985 Act &nd...
Criminal Appeal – Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Conviction and Sentencing – Appellant challenging conviction and 10-year sentence for possession of commercial quantity of heroin – The appeal arises from the High Court's affirmation of the trial court's conviction and sentencing. [Para 1-6]
Search and Seizure – Proce...
NDPS Act – Bail Conditions – High Court granted bail based on absence of contraband possession and error in statement translation – Supreme Court held High Court failed to adhere to Section 37(1)(b) NDPS Act requirements – Emphasized need for "reasonable grounds" to believe accused not guilty and not likely to commit offences on bail – Set aside High Court o...
Criminal Appeal – Grant of Bail – Appellant’s appeal challenging the bail condition imposed by the High Court – Appellant, a foreign citizen, had been under incarceration for around nine years and three months – High Court’s condition required a certificate of assurance from the High Commission of Nigeria – Appellant’s counsel argued that this condit...
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21 - Conviction under - Appellant convicted for possession of heroin under Section 21 of the NDPS Act - Recovery of contraband made from the appellant's hand - Non-compliance with mandatory provisions of Section 50 of the NDPS Act - Appellant's contention of false implication and lack of independent witnesses - Appellant acquit...