High Court Order Challenged – Accused facing trial under NDPS Act requested call details of Seizure Officer and police officials – High Court directed immediate decision on such applications – Challenged by State of Rajasthan. [Paras 3-4]
Legal Position of Section 91 Cr.P.C. – Established by State of Orissa Vs. Debendra Nath Padhi (2005) 1 SCC 568 – Accus...
NDPS - Bail - Gurpreet Singh, arrested for possession of 26.790 kgs of Cannabis, seeks bail citing procedural irregularities and trial delays [Paras 1, 5, 7, 16, 25].
Bail Justification on Grounds of Trial Delay – Applicant's counsel arguing for bail based on significant delay in trial progress, citing various Supreme Court and Delhi High Court precedents emphasizing the importance of...
Criminal Appeal - Conviction under NDPS Act – Appeal against conviction for possession of 6 kgs of ganja under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act – Trial court convicted the appellant and sentenced to rigorous imprisonment for three years and a fine – Appeal dismissal upheld by High Court. [Para 1, 44-46]
Search and Seizure Compliance - Compliance with Section...
NDPS - Violation of Sampling Procedure – Bail Granted – Accused arrested for possession of 24kg+ Ganja/Marijuana – Sampling procedure in violation of Standing Orders No.1/88 and 1/89 – Non-compliance raised reasonable doubt about guilt – Previous judgments cited for similar decisions in cases of procedural violation. [Paras 6-7, 19, 21, 28-29]
Section 37 ...
Criminal Appeal – Regular Bail in NDPS Act Case – Petitioner seeking regular bail for possession of marginally higher than commercial quantity of narcotic substance (Alprazolam) – Arrested and previously granted interim bail but later declared a proclaimed offender – Re-arrested and incarcerated for over 7 months. [Para 1, 2, 6]
Bail Principles – Bail as ...
Conviction and Sentencing Under NDPS Act – Lavkesh Singh and Pawan Kumar convicted under Sections 20(b) II(c), 25, 29 of NDPS Act for narcotics transport – Sentenced to 14 years’ rigorous imprisonment and fine for Section 20(b) II(c), and 10 years for Sections 25 and 29 [Para 1].
Raid and Recovery of Narcotics – Intelligence Officer R.K. Tiwari received information about...
Bail Application – NDPS Act – Petitioner seeking bail under Section 439 CrPC for alleged violation of NDPS Act – Commercial quantity of contraband involved – Previous criminal history considered. [Para 1-4, 7-8]
Judicial Discretion in Bail – Criminal History Relevance – Criminal history to include only cases with convictions or pending FIR...
Regular Bail – NDPS Act – Denial of regular bail in case involving the recovery of ganja – Petitioner involved in illegal sale of ganja, caught in the act of filling pouches with ganja – Recovery of 30 Kg ganja and 1384 empty pouches from the petitioner – Bail denied due to the gravity of the offence and petitioner's criminal history in NDPS-related cases. [Para 1...
NDPS - Bail - Arrest and Charges – Petitioner arrested under Sections 21, 22, 29 of the NDPS Act for allegedly directing the procurement of drugs and possession of drug money – No criminal antecedents apart from an unrelated pending case under Section 379 IPC. [Para 1-2, 8]
Bail Plea and State's Opposition – Petitioner seeks bail, citing no objection to stringent con...
NDPS – Bail - Conspiracy and Possession of Contraband – Petitioners accused in connection with seizure of 728.42 grams of MDMA from the first accused – Alleged conspiracy among five accused, including financial transactions with an African nation for procuring the contraband. [Paras 2-3]
Arguments by Petitioners’ Counsel – Claim of innocence and false imp...