Criminal Law - NDPS – Superdari of Vehicle – Release Ordered – Long Pendency and Vehicle Devaluation Considered – The petitioner sought release of his vehicle (Innova car) on superdari, which had been seized in connection with an NDPS case where 2.6 kg of opium was recovered – Though petitioner was found in the vehicle, trial was pending and vehicle had remained in cu...
Bail – Section 20(b)(ii)(A) read with Section 8(c) of the NDPS Act – Small Quantity of Contraband – Bail Granted – Petitioner found in possession of 4 kg of ganja, not a commercial quantity – Detained for 48 days – Material part of investigation completed, charge sheet pending – Court held that no apprehension of absconding or tampering with evidence exist...
NDPS Act – Successive Bail – No Change in Circumstances – Application Dismissed – The applicant moved a second regular bail application under Section 483 BNSS – The court found no change in circumstances since rejection of prior bail – Held: Successive bail not maintainable in absence of fresh grounds; rejection sustained [Paras 1.0, 6.0, 10.0].
NDPS Act &nda...
Criminal Law - Bail – Sections 8(c), 20(b), 22(c), 23(c), 27-A and 29 of the NDPS Act – Conscious Possession Not Established – Bail Granted – The High Court allowed bail to the petitioner who was arrested after collecting a courier parcel containing 100 LSD blots, observing absence of evidence proving conscious possession and involvement in narcotics trafficking – Hel...
Regular Bail – Section 18 of the NDPS Act - Long Incarceration Before Trial Conclusion – Grant of Bail Justified – The petitioner faced prolonged incarceration exceeding 2 years 10 months on allegation of recovery of 2.6 kg opium – Court noted the trial’s slow progress with only 5 out of 13 witnesses examined after charges framed – Citing improbability of carryi...
Criminal Law – Quashing of FIR – Section 22(A) of the NDPS Act - Sections 18(a), 18(b), 18(c), 27(b)(ii), 28, 65(17) of the Drugs and Cosmetics Act – Possession of Codeine-based Syrup – Proceedings Quashed – FIR registered under IPC, Drugs and Cosmetics Act, and NDPS Act alleging illegal possession of codeine-based cough syrup bottles from petitioner’s medical s...
Successive Regular Bail – Sections 8(C), 20(B)(ii)(b), and 29 of the NDPS Act – Successive Bail Application Dismissed – The applicant sought regular bail under Section 483 of BNSS in connection with possession of 9.982 kg of ganja under the NDPS Act – The earlier bail application was withdrawn with liberty reserved for refiling in case of delay in trial – The Court fo...
Criminal Law - Section 8(c) read with 20(b)(ii)(C), 28, and 29 of the NDPS Act – Illegal Possession and Conscious Custody – Conviction Confirmed – Accused intercepted while transporting 150 kg of ganja—Search and seizure compliant with Section 50 NDPS Act—Evidence of P.W.1 and independent witness P.W.3 held credible—Contraband properly seized, sealed, and produc...
NDPS Act – Conscious Possession – Commercial Quantity – Bail Denied – Petitioner found present in vehicle from which 3.575 kg of charas was recovered – Court held that physical presence in a private vehicle carrying commercial quantity of narcotic substance raises presumption of conscious possession under Sections 35 and 54 of NDPS Act – No explanation from peti...
NDPS Act – Joinder of Charges – Section 218 Cr.P.C. Violated – Discharge Granted – Applicant was charged under Sections 8(c), 22(b), 27A and 29 of the NDPS Act based on alleged procurement of 44 grams of mephedrone in small quantities over 18 months – Held: Charges for distinct acts of procurement spread over more than a year could not be tried jointly in the absence ...