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].
...
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...
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...