Narcotics – Evidence of Official Witnesses – Appellants convicted under Section 20 of the ND&PS Act for possession of Charas – Contention that non-association of independent witnesses and non-production of photographs vitiate prosecution case – High Court upheld conviction, holding that testimony of police officials alone can be sufficient – Non-association of ind...
Bail – Cancellation – NDPS Act – Application under Section 439(2) Cr.P.C. for cancellation of bail – Bail granted by the Special Judge, Sepahijala District, Sonamura – Grounds for cancellation included discrepancies in GD entries and lack of reasonable grounds to believe accused’s non-guilt – Printing errors in GD entries noted but considered non-material ...
Criminal Law – Negotiable Instruments Act – Condonation of Delay – Criminal Miscellaneous Petition against Trial Court’s order condoning delay in filing complaint – Petitioners argued delay not justified and trial court failed to provide reasons – Trial Court’s order found to be non-speaking and lacking in cogent reasons – Held, condonation of delay ...
Criminal Law – Compliance with Statutory Provisions – Criminal Appeal against the judgment of acquittal under Section 15 of NDPS Act – Alleged non-compliance with Sections 42 and 57 of NDPS Act – FIR based on secret information about illegal possession of poppy husk – Trial Court acquitted respondents due to procedural lapses and unreliable evidence. [Paras 1-6]
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Bail Application – Grounds of Parity – Petitioner Jagdish @ Jamabaram seeks bail citing the bail granted to co-accused Karna Ram – Petitioner in judicial custody since 21.01.2021 – Trial likely to be prolonged – High Court finds petitioner's case not distinguishable from co-accused, extends bail on grounds of parity and prolonged incarceration [Paras 1-6].
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Bail Application – Non-commercial Quantity Consideration – Applicant sought bail for charges under NDPS Act, contending false implication and non-commercial quantity of seized drugs – Court assessed statutory conditions under Section 37 of the NDPS Act and Supreme Court's rulings in Tofan Singh and Mohd Muslim @ Hussain cases – Applicant, without prior criminal history ...
Criminal Law – Narcotic Drugs – Compliance with Procedural Requirements – Appellants Rajinder Singh @ Bittu and Baljit Singh convicted for possessing 25 kg of heroin – Prosecution argued non-compliance with Section 42 of NDPS Act regarding information recording and senior officer notification – Held, Section 43 applicable as the seizure was from a vehicle in a public ...
NDPS Act – Conviction and Sentence – Recovery of poppy husk – Appellants not apprehended at the scene – Identification issues – Procedural lapses – Independent witness not examined – Case property not produced – Appeals allowed, conviction and sentence set aside [Paras 1-16].
Adverse Inference – Case property destruction due to flo...
Criminal Law – Anticipatory Bail – Rejection – Criminal petition seeking anticipatory bail under Section 438 CrPC – Allegations of bribery involving a Clerk and a Nodal Officer under the Pre-Conception and Pre-Natal Diagnostic Techniques Act, 1994 (PNDT Act) – Demand of bribe to settle a notice issued under the PNDT Act – Prima facie evidence of conspiracy and d...
Bail – Section 439 Cr.P.C. – NDPS Act – Prolonged Custody and Delay in Trial – Bail applications by petitioners arrested with 23600 tablets of Tramadol Hydrochloride. Petitioners in custody since 27.11.2020, with trial progress minimal, citing only 3 out of 13 witnesses examined over 3.5 years. Held: Prolonged incarceration violates Article 21 of the Constitution. Supreme C...