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...
Supreme Court Acquits Accused in NDPS Act Case – Detailed Analysis of Procedural Non-Compliance – Supreme Court overturns conviction of Smt. Najmunisha and Abdul Hamid Chandmiya in narcotics case under NDPS Act. Elaborates on failures in lawful search and seizure, highlighting non-compliance with mandatory procedural requirements of Sections 41 and 42 of the NDPS Act. Identifies flaws ...
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...
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...