Criminal Law - Bail Application - Compliance with Statutory Provisions - NDPS Act: Application for regular bail under Section 439 CrPC - Allegation of non-compliance with Sections 42 and 50 of the NDPS Act in the search and seizure process - Held, the Sub-Inspector duly sent the information to his superior officer as required by Section 42(2) NDPS Act - The contention that the officer who conveyed...
Criminal Law – Appeal against Acquittal – Narcotic Possession – Respondent acquitted of possessing 900 grams of charas by trial court – High Court dismisses State’s appeal due to lack of compelling evidence and procedural flaws in the investigation – Critical emphasis on the reliability of witness testimonies and adherence to legal procedures – Significant...
Criminal Law - NDPS Act - Appeal Against Conviction - Joint Consent Memo - Joint Possession
Criminal Procedure - Notice under Section 50 of NDPS Act - Joint Offer and Consent – Appeal against conviction under Section 15 of NDPS Act – Accused and co-accused were apprehended together and given a joint offer under Section 50 – Joint consent memo prepared – Co-accused acquit...
Search and Seizure – Compliance with Legal Provisions – The appellants contended non-compliance with Sections 42 and 100(4) Cr.P.C. – Court held that since the search was conducted at 7:30 AM, during sunrise, there was no requirement for a warrant or recording the grounds of belief – Proper procedure under Section 42 of the NDPS Act was followed – Conviction upheld [P...
Narcotic Drugs and Psychotropic Substances Act – Disclosure Statements – Appeal against conviction under Section 20/29 NDPS Act – Appellant No. 1 apprehended with 5.5 Kg charas at railway station – Disclosure by appellant No. 1 implicating appellant No. 2 as supplier – No recovery from appellant No. 2 – Trial Court convicted both appellants – Appeal of app...
Narcotic Drugs and Psychotropic Substances Act – Evidence – Acquittal on Grounds of Insufficient Evidence – Appeal challenging conviction under Section 15(c) of NDPS Act – Appellant not apprehended at the spot, identified solely by a police witness – No independent corroboration or ownership link to the vehicle – Prosecution’s case had discrepancies in wit...
Narcotic Drugs – Conviction – Appeal: Appellant convicted for possession and trafficking of charas (9 kg and 800 grams) – Trial Court sentenced appellant to 20 years imprisonment with a fine of Rs. 1,00,000 – Appellant’s challenge based on procedural lapses in sampling and certification as per NDPS Act and Standing Orders – High Court finds procedural irregulari...
Criminal Law – Conviction under NDPS Act – Acquittal on Appeal – Appellant convicted under Sections 22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) for allegedly supplying a psychotropic substance, Fortwin injections, for illegal interstate transportation. High Court upheld the conviction; however, the Supreme Court found no admissible evidence...
Criminal Law – NDPS Act – Conviction and Sentence – Appellant convicted for possession of 77.36 kg of Cannabis (Ganja) – Conviction challenged on grounds of procedural lapses and non-compliance with Section 52A NDPS Act – Trial Court failed to present primary evidence in form of certified inventory, photographs, and list of samples – Seized contraband not physic...
NDPS Act – Regular Bail – Prolonged Incarceration: The petitioner was accused of smuggling and possessing 75 kg of poppy husk and was arrested with his co-accused. He had been in custody for 01 year, 09 months, and 20 days, with no other criminal cases against him. The trial had progressed slowly, with only three out of 17 prosecution witnesses examined. In line with precedents, the co...