Bail – NDPS Act – Recovery of 1.056 kg Charas – Section 37 NDPS – Bail Denied – The petitioner sought regular bail, contending he was merely a passenger in the car from which 1.056 kg of charas was recovered and had no knowledge of contraband – Prosecution opposed bail relying on Section 37, citing recovery of commercial quantity, petitioner’s links with c...
Criminal Law - Section 8(c), 20(b)(ii)(C) NDPS Act – Direction for Re-trial – Procedural Lapses in Admitting Electronic Evidence – High Court Order Set Aside – In a prosecution under the NDPS Act, the Trial Court convicted the appellant based on oral evidence and video recordings supported by a certificate under Section 65B of the Evidence Act – The High Court a...
NDPS – Possession of 1.2 kg Charas – Section 20 NDPS Act – State Appeal Dismissed – Prosecution alleged recovery of 1.2 kg charas from accused at Sarahan bifurcation – Trial Court acquitted citing contradictions in police testimony, doubtful arrest/recovery memos, and absence of independent witnesses – High Court held suspicion cannot substitute proof, prosecuti...
NDPS Offence – Bail Application – Section 20(b)(ii)(B) and Section 29 of the NDPS Act – Bail Granted – The petitioner, arraigned as the second accused, was alleged to have conspired with the first accused in transporting 2 kg of ganja using a vehicle allegedly hired by him – No contraband was recovered from the petitioner’s possession – The vehicle was not...
NDPS Act – Confiscation of Vehicle – Death of Accused – Trial Abated – Confiscation Not Sustainable – Vehicle seized in connection with possession of opium – Accused died during trial and proceedings abated – Held: Since trial never took place and there was no conviction, acquittal, or discharge, confiscation under Section 60(3) read with Section 63 NDPS A...
NDPS Act – Interim Bail on Humanitarian Grounds – Bail Denied – The petitioner sought interim bail for six weeks under Section 22 NDPS Act on the ground that his widowed mother required urgent medical intervention for cardiac issues – Medical certificate indicated surgery was advised but not undertaken – Status report revealed availability of petitioner’s wife a...
NDPS Act – Bail in Commercial Quantity Case – Section 37 NDPS Act – Bail Rejected – Petitioners arrested with 203.306 kg of ganja filed for bail under Sections 437 and 439 CrPC and Sections 480 and 483 BNSS – Petitioners argued prolonged incarceration of 641 days infringed Article 21 rights – Court held that twin conditions under Section 37 of NDPS Act were not ...
NDPS Bail – Sections 21, 25, 29 of the NDPS - Recovery of Intermediate Quantity of Heroine – Section 37 Not Attracted – Bail Granted – Petitioner was arrested for alleged possession of 100 grams of heroin, an intermediate quantity – Co-accused implicated her through disclosure statement – Held: Section 37 NDPS not applicable to intermediate quantity – Bail...
Criminal Law - NDPS – Superdari of Vehicle – Release Ordered – Long Pendency and Vehicle Devaluation Considered – The petitioner sought release of his vehicle (Innova car) on superdari, which had been seized in connection with an NDPS case where 2.6 kg of opium was recovered – Though petitioner was found in the vehicle, trial was pending and vehicle had remained in cu...
Bail – Section 20(b)(ii)(A) read with Section 8(c) of the NDPS Act – Small Quantity of Contraband – Bail Granted – Petitioner found in possession of 4 kg of ganja, not a commercial quantity – Detained for 48 days – Material part of investigation completed, charge sheet pending – Court held that no apprehension of absconding or tampering with evidence exist...