NDPS Act – Suspension of Sentence – Procedural Irregularities in Seizure – Bail Granted Pending Appeal – Appellant convicted under Sections 8/15(c) and sentenced to 12 years RI – Trial court's judgment challenged – Court observed serious discrepancies: seizure conducted 101 km away from interception site, samples taken without presence of Magistrate, and uni...
Anticipatory Bail - NDPS Act – Commercial Quantity – Rigours of Section 37 Applicable – Bail Denied - The petitioner was named in an FIR relating to the transportation of 4.36 kg of charas and was alleged to have fled from the spot with a co-accused – Held: Quantity recovered being commercial, stringent conditions under Section 37 applied – Prima facie involvement of ...
Criminal Law – Bail – NDPS Act and UAPA – Bail Denied – Appellant accused of coordinating smuggling of Afghan-origin heroin via fictitious firm – Despite absence of contraband recovery from the appellant’s consignment, evidence of meetings, proxy control of firm, and documentary manipulation established prima facie complicity – Court held that the cumulati...
NDPS Bail – Section 37 NDPS Act – Twin Conditions Not Satisfied – Bail Denied - The petitioners sought regular bail in FIR involving seizure of over 3 crore tablets and capsules of psychotropic substances, drug money, vehicles, and mobile phones – Petitioners included directors of pharmaceutical firms, chemists, and transporters – Charges framed, 54 out of 160 prosecu...
Bail - NDPS Offense – Commercial Quantity – Application of Section 37 – Bail Granted – Petitioner accused of possessing 71 Buprenorphine injections, constituting commercial quantity under FSL report – Despite applicability of statutory bar under Section 37, prolonged incarceration of 1 year and 5 months invoked constitutional protection under Article 21 – Held: ...
Accident Claim - Motor Accident Compensation – Dependency and Future Prospects – Deduction Adjusted, Future Prospects Granted – Tribunal held husband not dependent and deducted 1/3rd for personal expenses – Supreme Court held husband at least partially dependent and recalculated with 1/4th deduction – Tribunal’s 50% future prospects replaced with 40% in line wit...
NDPS Act – Freezing of Properties – Section 68F(2) – Freezing Order Confirmed – Petitioner’s challenge to freezing of assets on the ground that properties were acquired prior to registration of NDPS cases was rejected – Held: Authorities acted within legal bounds and confirmed freezing order based on investigation and financial analysis – Burden to prove l...
NDPS Act – Bail and Article 21 – Prolonged Incarceration Overrides Section 37 – Held: All petitioners except two had been in custody for nearly two years with trial not yet commenced—Court held that prolonged detention violated their fundamental right to personal liberty under Article 21—Bail granted subject to conditions – However, bail denied to petitioners Ji...
Criminal Law - NDPS Act – Identity of Accused Not Established – Acquittal Ordered - Appellant contended she was wrongly identified as one Seema Choudhari who was named in all prosecution documents including FIR, arrest memo, and seizure records – Held: Prosecution failed to adduce evidence linking appellant to Seema Choudhari; no identification or oral testimony proving appellant...
Criminal Law – Bail – NDPS Act – Section 37 – High Court granted bail without proper application of mind – Seriousness of allegations and involvement in an international drug syndicate not considered – High Court's reasons, including respondent's education, irrelevant to bail decision – Appeal allowed, bail canceled [Paras 7-13].
Bail – Ju...