Grant of Bail – NDPS Act – Application under Section 439 CrPC for grant of regular bail in connection with FIR registered under Sections 8(c), 22(c), and 29 of NDPS Act – Held, bail granted based on the absence of clear evidence linking petitioner directly with the contraband and inconsistencies in the prosecution's case. [Paras 1, 27-28]
Role of Accused in Narco...
Bail Application – NDPS Act – Second bail application filed after chargesheet submission – First bail application dismissed with liberty to reapply post chargesheet – Alleged false implication and fabrication of evidence by police – CCTV footage and purchase bills not considered by Investigating Officer – Fair investigation not conducted – Bail granted wit...
Detention and Judicial Review – Detention Order Quashed - Detention of Shahid Khan under PITNDPS Act challenged due to lack of compelling evidence of imminent release and re-engagement in criminal activities - Despite substantial quantity of heroin recovery, absence of imminent release evidence undermines detention validity - Detention confirmed without sufficient grounds, quashed by the cou...
Bail Application under Section 439 of Cr.P.C. –Sections 8(c), 21(c), 23, 25, 27A & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) – Prosecution alleges involvement of applicant in trafficking heroin concealed in mulethi logs – Applicant engaged in legitimate business of import of dry fruits and mulethi – Alleged recovery of heroin from mulethi...
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 ...
Bail Application – Accused Sah Jamal charged under Section 21© of the NDPS Act – In custody since 24-05-2023 – Application filed under Section 439 of CrPC. [Para 1]
Allegation of Procedural Violations – Petitioner contends wrongful implication, highlights non-compliance with Section 52A of NDPS Act regarding handling and sending of samples to CFSL – Raises iss...
Narcotics Control – Bail Application – Commercial Quantity of Narcotics – Petitioners were part of a group accused of transporting 217.525 kg of heroin – Defence claimed petitioners were unaware of the contraband and were merely fishermen – Prosecution opposed bail, citing substantial evidence of involvement – Court held that conditions under Section 37 of NDPS ...
NDPS Act Conviction – Appellants charged under Sections 21(c) and 27A of NDPS Act for possession and financing illegal narcotics trade – Recovery of phensedyl cough syrup from Narayan Yadav upheld - Conviction and sentencing of Narayan Yadav under Section 21(c) maintained but under Section 27A set aside due to lack of evidence of financing illegal trade [Paras 21-26, 55-57].
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Acquittal – Narcotic Drugs and Psychotropic Substances Act (NDPS) – Criminal Appeal against Special Court, Bathinda's judgment convicting under Sections 21 and 22 NDPS Act – High Court sets aside conviction – Finds prosecution's case unconvincing and lacking substantial proof – Highlights flaws in prosecution’s presentation and handling of evidence &ndas...
Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3]
Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...