NDPS Act – Bail – Commercial Quantity – Section 37 Bar – Petitioner arrested with 150 bottles of Codeine-based syrup and found in possession of multiple contrabands at co-accused’s premises – Statement under Section 67 NDPS Act reveals trafficking and delivery role – Trial court framed charges under Sections 8, 8-A, 21(c), 22, 27-A, 29 NDPS Act – Pet...
NDPS Act – Bail – Commercial Quantity – Section 37 – Rejection of Bail – 500 grams of Mephedrone recovered from applicant’s conscious possession – Seizure made in presence of panch witnesses after informing accused of rights under Section 50 – Contraband verified and certified by Magistrate under Section 52A – Chemical Analyzer’s report c...
NDPS Act – Charas Recovery – Conscious Possession – Conviction Upheld – Accused persons found in a private car with 27.8 kg of Charas concealed in door panels – Both appellants identified and apprehended during routine check based on prior information – Presence in private vehicle, not public transport, raised presumption of conscious possession – No expla...
NDPS Act – Search and Seizure – Section 50 – Applicability limited to “personal search” – Search of a bag carried by accused does not attract Section 50 – Expression “search of person” excludes baggage, briefcase, or container – Constitution Bench ruling in State of Punjab v. Baldev Singh and subsequent cases (Madan Lal v. State of Himach...
NDPS Act – Possession – Conscious Possession – Sections 18, 35 & 54 – Recovery of 65 kg of opium from the dicky of a car driven by appellant Dharampal Singh with co-accused Major Singh as occupant – Once possession of contraband is established, the burden shifts to the accused to prove lack of conscious possession, being a fact within their special knowledge &ndas...
NDPS Act – Search and Seizure – Compliance with Mandatory Provisions – Violation of Sections 42(2) and 50(4) – Police officers of Kapurthala conducting raid in Amritsar district without informing local police – Female accused personally searched by male officers – Non-compliance with statutory safeguards renders search illegal and recovery unreliable – Hel...
Criminal Law – NDPS Offence – Conscious Possession – Meaning and Scope – Conviction under Section 15 NDPS Act requires proof of conscious possession – Possession implies control with awareness of its nature – Once possession established, burden shifts to accused under Sections 35 and 54 NDPS Act to explain innocence – However, failure to question accused o...
NDPS Act – Section 67 – Confessional Statements – Admissibility – Conviction Upheld – Accused convicted on basis of statement recorded under Section 67 NDPS Act – Held: Officers vested with poNDPS Act – Section 67 – Confessional Statements – Admissibility – Conviction Upheld – Accused convicted on basis of statement recorded under S...
NDPS Act – Sections 18, 50, 51, 52, 52(3), 53, 55 of NDPS - Recovery of Opium – Appellant found in possession of 7 kg opium recovered from bag held in his hand – Samples duly sealed by investigating officer and DSP, later confirmed by chemical analyst – Conviction under Section 18 NDPS Act upheld – Minimum sentence of 10 years’ RI and fine of ₹1 lakh justified...
NDPS Act – Section 42 – Mandatory or Directory – Compliance Requirement – Constitutional Bench Clarification – Conflict between Abdul Rashid Ibrahim Mansuri and Sajan Abraham resolved – Held: Total non-compliance with Section 42 impermissible – Delayed compliance with satisfactory explanation permissible – Compliance with Section 42(1) and 42(2) shou...