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...
Criminal Procedure Code – Section 482 – Quashing of FIR – Lack of Jurisdiction – Petitioners sought quashing of FIR No.56 dated 18.04.2021 registered under Sections 420, 120-B IPC, Section 7 of the Essential Commodities Act, 1955 and Section 27 of the Drugs and Cosmetics Act, 1940, alleging illegal sale of Remdesivir injections during Covid-19 pandemic – Police conduc...
NDPS – Section 50 – Search of bag carried on head – Not a personal search – Conviction Restored – Accused intercepted carrying a bag which contained opium; trial court convicted under Sections 8/18 NDPS; High Court acquitted for alleged partial option under Section 50 – Held: Search of bag/container is not a personal search, Section 50 not attracted – High...
NDPS Act – Bail – Commercial Quantity – Section 37 NDPS Bar Applies – Huge quantity of methamphetamine (8 kg), a 9 mm Sig Sauer pistol with magazines and ammunition recovered from vehicle driven by accused – Confession, videography of recovery, and corroborated documentation including arrest and seizure memo – Held: Prima facie case exists – No reasonable ...
NDPS Act – Acquittal Set Aside – Conviction Restored – Accused found transporting 73 bags of poppy husk (each 18 kg) in a tanker intercepted on highway by patrolling police – Trial court convicted under Section 15 of NDPS Act – High Court acquitted citing non-compliance with Sections 42 and 50 of NDPS Act – Held: High Court erred – Search was of a vehicle ...
NDPS Act – Possession of Acetic Anhydride – Sections 9A/25A, 29 – Respondent found with 880 litres of Acetic Anhydride concealed in Kotha – Convicted and sentenced by Trial Court to 10 years RI with fine of ₹1,00,000/- on each count – High Court upheld conviction but reduced sentence to 6 ½ years (period undergone) and fine to ₹25,000/- on each count &ndash...
NDPS Act – Conviction under Section 21 – Seizure of Buprenorphine – Conviction Upheld – The appellant was found in possession of 25 ampoules of 'Tidigestic' (Buprenorphine) and arrested on the spot – Trial Court acquitted the appellant citing discrepancies in prosecution evidence – High Court reversed the acquittal and convicted the appellant – Sup...
Criminal Law – NDPS Act – Ganja Seizure – Enhancement of Sentence – Respondent found in alleged possession of 1.7 kg of Ganja – Seizure included seeds and leaves – FSL Report confirmed presence of flowering tops but also noted seeds and leaf matter – Held: Under Section 2(iii)(b) of NDPS Act, Ganja excludes seeds and leaves unless accompanied by flowering ...
NDPS – Conscious Possession – Sections 15, 35, 54, 50 NDPS; Section 313 CrPC – Conviction Affirmed; Appeal Dismissed – Accused apprehended while sitting atop gunny bags containing poppy husk; physical possession proved, triggering presumption of conscious possession under Sections 35 & 54—no rebuttal by accused – Section 50 inapplicable since no personal sea...
Criminal Procedure – Legal Aid – Denial of Effective Assistance – High Court dismissed appeal of accused under NDPS Act in absence of legal aid counsel – Counsel appointed by Legal Aid Committee failed to appear – No substitute counsel or Amicus Curiae appointed – Held: Serious procedural lapse – Accused denied meaningful opportunity of defence – Hig...