Supreme Court considers medical condition; grants bail under NDPS Act
The Supreme Court observed that the petitioner was on a ventilator earlier but was discharged due to non-availability of proper medical treatment in the prison.
NDPS Act
“Laboratory Chemicals”– CTH 9802, Wide Enough to Violate Import Policy?
by Brijesh Kothary† and Chitrartha Gupta††
No person accused of trading commercial quantity of narcotics is liable to be released on bail unless Court is satisfied of reasonable grounds proving innocence| SC
A regular offender, mastermind, kingpin of “ganja” trade cannot be granted bail if prima facie guilt is established and is likely to commit the same offence when enlarged on bail.
Madhya Pradesh High Court | Every Panch, Sarpanch, other village officer of any description and landholder are duty bound to immediately furnish information of illegal cultivation
Dismissing the revision petition filed by the petitioner for quashing of the impugned order passed by the Special Judge (NDPS) thereby framing charges under NDPS Act, the Court held that the role of the petitioner is prima facie found in the present case therefore the case appears to be triable and cannot be interfered with at this stage.
Delhi High Court set aside conviction on non-compliance of mandatory condition u/S. 50 of NDPS Act of informing accused of his personal search in presence of Gazetted Officer/Magistrate
Delhi High Court: While deciding the instant appeal directed against the judgment of conviction and order of sentence passed by
Tripura High Court| Section 63 of the NDPS Act does not bar owner from seeking release of confiscated vehicle after the expiry of 30 days
Tripura High Court: The Single Judge Bench of S.G. Chattopadhyay, J. clarified that when a vehicle is confiscated as per
Drug Peddlers must be dealt firmly and sternly; Punjab and Haryana High Court cancels bail granted to the accused
Punjab and Haryana High Court: While deciding the instant appeal, preferred by the appellant against the order of Additional Sessions Judge for
Issuance of Look Out Circular under NDPS Act: Violation of Right to Movement
by Yash Vardhan Garu† and Kashish Harwani††
Bombay High Court| Mere seeds and leaves of a cannabis plant, cannot be included in the definition of Ganja
Bombay High Court: While deciding the instant application for anticipatory bail wherein the Court deliberated on what constitutes ‘Ganja' as
Bombay High Court grants bail to Nigerian national who spent 2 years in jail on NDPS charges due to a typing error in forensic report; asks State to come up with compensation proposal
Bombay High Court: Bharati Dangre, J. directed to release a Nigerian National on bail who was arrested in 2020 under the Narcotic
Confessional Statements made under Section 67 of NDPS Act inadmissible: Supreme Court
Supreme Court: In a case relating to a drug racket spread across three States namely, U.P., Punjab and Rajasthan, the 3-Judge Bench
P&H HC| Violation of mandatory provision of Section 42 of the NDPS Act entitles accused to bail even if the recovery is of commercial quantity of contraband
Punajb and Haryana High Court: In a petition filed under section 439 CrPC for grant of regular bail under Sections 22, 25,
Gauhati HC | Recovery/seizure of contraband not mandatory; arrest, detention or conviction under NDPS Act can be based on other convincing factors
Gauhati High Court: A bail application under Section 438 of the Criminal Procedure Code, 1973, (CrPC) was denied by Sanjay Kumar Medhi,
Guj HC | No Conscious possession; Court upholds acquittal under NDPS Act
Gujarat High Court: The Division Bench of S.H. Vora and Sandeep N. Bhatt, JJ., dismissed an application for special leave to appeal
Did Aryan Khan with other two accused hatch a conspiracy to commit offence under NDPS Act? Read Bom HC’s view in bail order with respect to WhatsApp Chats, unlawful intention, etc.
Bombay High Court: While laying down the detailed reasons of bail in the infamous Aryan Khan case, Nitin W. Sambre, J., held
P&H HC | Huge recovery of contraband drug, failure to register FIR under NDPS Act; HC senses attempt to protect the offender by the authority; hands over the case to CBI
Punjab and Haryana High Court: Arvind Singh Sangwan, J., came down heavily on State Authorities for discrepancies in investigation of the NDPS
Case Comment: Nabi Alam v. State (Govt. of NCT of Delhi)
by Abhishek Gurawa†
MP HC | Possession of cough syrup or medicine containing Codeine Phosphate without valid documents falls under S. 37 of the NDPS Act; Court rejects bail application
Madhya Pradesh High Court: Rajeev Kumar Dubey, J., denied bail to the applicant who was arrested for the offence punishable under Sections
Chh HC | Right of default bail under S. 167(2) CrPC cannot be defeated by subsequent filing of charge-sheet on same day
Chhattisgarh High Court: Narendra Kumar Vyas J. allowed the petition and set aside the impugned order. The facts of the case are
HP HC | Can bail be granted in cases where an accused is a foreign national and cannot furnish local surety in terms of S. 439 Cr PC? HC explains
Himachal Pradesh High Court: Anoop Chitkara, J., granted bail and held that the law under Section 439 CrPC is very clear and