Grant of Anticipatory Bail Challenged – State's appeal against the High Court's decision granting anticipatory bail to the respondent-accused in connection with the seizure of 232.5 kg of ganja, exceeding the commercial quantity as defined in the NDPS Act. [Para 2]
Involvement in Drug Offences – Respondent-accused indicted as a conspirator for procurement/supply of...
High Court Order Challenged – Accused facing trial under NDPS Act requested call details of Seizure Officer and police officials – High Court directed immediate decision on such applications – Challenged by State of Rajasthan. [Paras 3-4]
Legal Position of Section 91 Cr.P.C. – Established by State of Orissa Vs. Debendra Nath Padhi (2005) 1 SCC 568 – Accus...
NDPS Act – Bail – Recovery of psychotropic substances – Seizure of 137,665 tablets collectively weighing approximately 90 kg from four locations – Confessional statements recorded under Section 67 of NDPS Act held inadmissible in trial as per Tofan Singh v. State of Madras [2021] 4 SCC 1 – Absence of clarity on quantitative analysis of samples – Prosecution&rsqu...
Narcotic Drugs and Psychotropic Substances Act – Recovery of Contraband – Accused found guilty of possessing 900 grams of smack – No incriminating substance recovered during personal search – Defence of false implication rejected – Appeal dismissed; conviction and sentence upheld [Paras 1-18].
Procedure under NDPS Act – Compliance with Section 50 – Argu...
Criminal Law – Concurrent Sentencing – Section 427 CrPC – Discretionary power to run subsequent sentences concurrently – Discretion to be exercised judiciously – Nature of offence and societal impact to be considered – Offences under NDPS Act severe and against societal interest – No discretion in favor of accused indulging in drug trafficking – Appe...
Delay in Trial Proceedings – Petitioner accused of offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Indian Penal Code, 1860 – Persistent delays in the commencement and continuation of trial for approximately 25-26 years, attributed to the petitioner's filing of multiple frivolous petitions.
Judicial Directions – Multiple directions ...
Conviction and Sentencing Under NDPS Act – Lavkesh Singh and Pawan Kumar convicted under Sections 20(b) II(c), 25, 29 of NDPS Act for narcotics transport – Sentenced to 14 years’ rigorous imprisonment and fine for Section 20(b) II(c), and 10 years for Sections 25 and 29 [Para 1].
Raid and Recovery of Narcotics – Intelligence Officer R.K. Tiwari received information about...
Criminal Law – Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Appeal Against Conviction – Appellants convicted by trial court under Section 8(c) read with Section 20(b)(ii)(c) of the NDPS Act for alleged possession and transportation of 80 kg ganja – Conviction affirmed by High Court – Appeals filed by appellants [Paras 1-2, 11-12].
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NDPS Act – Section 50 – Personal Search and Recovery – The Supreme Court held that Section 50 of the NDPS Act mandates informing the accused of their right to be searched before a Gazetted Officer or Magistrate. Offering an option to be searched by the officer conducting the raid, not stipulated in the statute, contravenes this provision. However, this protection applies specific...
Criminal Appeal - Conviction under NDPS Act – Appeal against conviction for possession of 6 kgs of ganja under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act – Trial court convicted the appellant and sentenced to rigorous imprisonment for three years and a fine – Appeal dismissal upheld by High Court. [Para 1, 44-46]
Search and Seizure Compliance - Compliance with Section...