Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court Daily-Wage Employees Treated As Permanent Under 1988 Government Resolution Entitled To Annual Increment Benefits: Supreme Court

Drug Peddlers... Need to be Dealt With Firmly and Sternly With No Sympathy – High Court in Narcotic Drugs Case

07 May 2024 8:19 AM

By: Admin


In a landmark judgment on the 26th of February 2024, the Punjab and Haryana High Court, presided over by Justice Sandeep Moudgil, firmly rejected a bail petition in a case involving narcotics possession under the NDPS Act.

 

The judgment revolved around a regular bail plea under Section 439 of the Criminal Procedure Code in a case registered under Section 22 of the NDPS Act. The court’s decision was heavily influenced by the provisions of Sections 35 and 37 of the NDPS Act.

Petitioner Gautam Sehgal, a chemist, was accused of having unaccounted intoxicant capsules and tablets. The FIR specified the seizure of red and brown capsules, along with white tablets, without valid documentation.

 

Severity of Drug Menace: The court highlighted the extensive drug trafficking issue in Punjab, acknowledging its devastating effects on youth and the larger society.

Petitioner’s Alleged Role: The absence of valid prescriptions or bills for the seized narcotics pointed towards Sehgal’s involvement in illicit drug activities.

Presumption of Culpability: According to Section 35 of the NDPS Act, the court presumed a culpable mental state due to the lack of a convincing explanation from Sehgal.

Criteria for Bail: Referencing Section 37 of the NDPS Act, the judgment underlined that bail is not merited unless there are reasonable grounds to believe in the accused’s innocence.

Ongoing Investigation: The decision to deny bail was also influenced by the ongoing investigation and the pending Forensic Science Laboratory report.

Decision The court, underscoring the need for a stringent approach against drug traffickers, dismissed Sehgal’s bail application, citing the case’s serious nature and the ongoing investigation.

 Date of Decision: 26.02.2024

Gautam Sehgal Versus State of Punjab

 

Latest Legal News