NDPS Act – Bail – Sections 21 and 25 – Quantity Below Commercial Threshold – Section 37 Not Applicable – Applicant arrested on 28.03.2025 for alleged recovery of 6.08 grams of heroin from speedometer of his motorcycle – Challan filed – 11 out of 19 witnesses examined – Trial not likely to conclude in near future – Multiple prior NDPS cases regi...
NDPS Act – Cultivation of Cannabis – Proof of Possession and Control – Appellant convicted for cultivating cannabis plants on agricultural land jointly owned by multiple persons – No evidence to establish that appellant alone was in possession or actively cultivating the land – Failure of prosecution to prove foundational facts beyond reasonable doubt – Convicti...
NDPS – Bail – Commercial Quantity of Charas – Rejection of Regular Bail – Petitioner sought regular bail in Crime No. 52 of 2022 registered by NCB for offences under Sections 8, 20, 25 and 29 NDPS Act – Recovery of 1.950 kilograms of charas effected from vehicle occupied by petitioner and co-accused – Held: Since quantity recovered was commercial quantity, rigou...
NDPS Act – Section 50 – Personal Search – Third Option – Non-Compliance – Accused apprehended carrying bag containing 11 kg 50 grams of charas – Trial Court convicted and sentenced accused to 10 years rigorous imprisonment with fine of Rs. 1,00,000 – High Court acquitted accused holding that Investigating Officer offered accused a third option of being sea...
NDPS Act – Regular Bail – Sections 20(b)(ii)(C), 20(C), 61 and 85 of the NDPS - Commercial Quantity – Petitioner implicated solely on disclosure statement of co-accused – 25.265 kg ganja recovered from co-accused – No recovery effected from petitioner – Petitioner not present at spot – Co-accused already granted regular bail – Investigation completed...
Criminal Law – Recall of Witness – Section 348 BNSS (Section 311 Cr.P.C.) – Investigating Officer recalled to prove disclosure statements and connected documents – Trial Court found that certain material documents relating to ownership of vehicle, lease deed of hospital and inspection report were not put to PW-4 during examination-in-chief – Held: Power under Section ...
NDPS Act – Re-testing of Sample – Quashment of Charge-Sheet – First CRCL report ruled out presence of Heroin – Prosecution sought re-testing merely because report was adverse – Trial Court allowed re-testing without recording cogent reasons – Held: Re-testing under NDPS Act permissible only in extremely exceptional circumstances as per Thana Singh – Mere d...
NDPS – Regular Bail – Commercial Quantity – Applicability of Section 37 – Alleged recovery of 1,37,11,610 tablets weighing 5772.584 kg (with strips) – Petitioners alleged to be part of organised chain involving manufacture, marketing and diversion of NRx medicines through licensed and fictitious firms – Held: Rigours of Section 37 NDPS Act attracted – Twin...
NDPS Act – Section 25 – Vicarious Liability of Owner of Conveyance – Appellant convicted on finding that he had purchased truck and knowingly permitted its use for transporting 2560 kg poppy straw – Evidence showed appellant not present at spot and not registered owner – No direct evidence of knowledge or consent – Held: Mere execution of agreement (Ex.P-3) insu...
Criminal Law – Default Bail – Section 187(2) BNSS – NDPS Offence – Accused arrested on 07.05.2025 – Statutory period of 180 days for filing challan – Prosecution sought extension before expiry – Extension granted without presence of accused – Held, extension order passed in absence of accused vitiated – Accused entitled to default bail [Paras 5...