NDPS Act | Appellate Court Can Grant Bail Despite S.37 If Convict Has Suffered Long Sentence & Appeal's Early Hearing Is Unkilely : Supreme Court
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1 month, 1 week ago

NDPS Act | Appellate Court Can Grant Bail Despite S.37 If Convict Has Suffered Long Sentence & Appeal's Early Hearing Is Unkilely : Supreme Court

Live Law  

The Supreme Court has held that the sentence of a person convicted for offences under the Narcotic Drugs and Psychotropic Substances Act can be suspended despite the rigours of Section 37 if the convict has undergone long period of incarceration and the likelihood of an early hearing of the criminal appeal was remote. A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan made this observation while dismissing an appeal filed by the Narcotics Control Bureau against an order of the High Court suspending the convict's sentence. However, if, in the facts of the case, an accused has undergone a substantial part of the substantive sentence and, considering the pendency of criminal appeals, his appeal is not likely to be heard before the accused undergoes the entire sentence, the Appellate Court can exercise the power of releasing the accused on bail pending the appeal. Also from the judgment - No Rigid Rule That Convict Should Undergo Half Of Sentence For Bail At Appellate Stage : Supreme Court Case : Narcotics Control Bureau v Lakhwinder Singh Citation : 2025 LiveLaw 191

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History of this topic

NDPS Act | Case Involving Small Quantity Bailable Under BNSS, Accused Entitled To Bail Without Filing Plea: Punjab & Haryana High Court
6 days, 20 hours ago

NDPS Act | Case Involving Small Quantity Bailable Under BNSS, Accused Entitled To Bail Without Filing Plea: Punjab & Haryana High Court

Live Law  

In a significant development, the Punjab & Haryana High Court has said that case involving small quantity under the NDPS Act is "Bailable" by operation of BNSS and accused will be entitled for bail without filing bail application.The case pertains to the alleged recovery of 1 gram of heroin. In a significant development, the Punjab & Haryana High Court has …

Can’t award damages for wrongful custody while hearing bail pleas: SC
1 week, 4 days ago

Can’t award damages for wrongful custody while hearing bail pleas: SC

Hindustan Times  

The Supreme Court has ruled that courts cannot order compensation while adjudicating a bail plea because they lack the jurisdiction to do so in bail proceedings. The bench found substance in NCB’s appeal, and made it clear that the high court exceeded its jurisdiction under Section 439 CrPC, which governs bail matters. The bench, however, found substance in NCB’s appeal, …

[NDPS Act] Bar On Bail U/S 37 Can Be Relaxed When Contraband 'Marginally' Above Commercial Quantity: Punjab & Haryana High Court
2 weeks, 4 days ago

[NDPS Act] Bar On Bail U/S 37 Can Be Relaxed When Contraband 'Marginally' Above Commercial Quantity: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the bar on granting bail in case of commercial quantity under Section 37 of the NDPS Act can be relaxed when the alleged recovered contraband is "marginally above" the commercial quantity.Section 37 of the NDPS Act states that bail should not be granted to an accused unless the accused is able …

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration
2 weeks, 5 days ago

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration

Live Law  

The Gujarat High Court recently granted regular bail to a man booked in a case under the NDPS Act after observing that while the trial had not progressed substantially, the matter had been adjourned almost 78 times leading to “prolonged incarceration” and "blink hope of a speedy trial" in the case. In doing so the high court further noted that …

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined
2 weeks, 6 days ago

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined

Live Law  

The Gujarat High Court recently granted regular bail to an man booked under NDPS Act, in view of long incarnation of three and a half years and after noting that out of 29 witnesses only two had been examined where the trial court had not give any time bound schedule of the examination of such witnessesJustice Gita Gopi in her …

No Rigid Rule That Convict Should Undergo Half Of Sentence For Bail At Appellate Stage : Supreme Court
1 month, 1 week ago

No Rigid Rule That Convict Should Undergo Half Of Sentence For Bail At Appellate Stage : Supreme Court

Live Law  

The Supreme Court has clarified that to suspend sentence during the pendency of appeal, a rigid rule cannot be applied that the convict must have undergone half of the substantive sentence. "If we interpret the judgment of this Court in such a manner, the Courts will be powerless to grant bail or relief of suspension of sentence even if a …

In NDPS Cases Where Sentence Is Of 10 Yrs Accused Should Generally Not Be Released On Bail: Punjab & Haryana High Court
1 month, 1 week ago

In NDPS Cases Where Sentence Is Of 10 Yrs Accused Should Generally Not Be Released On Bail: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that in cases involving offences under the Narcotic Drugs and Psychotropic Substances Act, where sentence is of ten years, the accused should generally be not released on bail.Justice Manisha Batra said,"It has been seen that the denial of bail has prevented the accused from fleeing from the criminal justice and protected the …

When Delay In Trial Is Solely Due To Prosecution's 'Lethargy', Personal Liberty Overrides S.37(1)(b) Of NDPS Act: Kerala HC Grants Bail
1 month, 2 weeks ago

When Delay In Trial Is Solely Due To Prosecution's 'Lethargy', Personal Liberty Overrides S.37(1)(b) Of NDPS Act: Kerala HC Grants Bail

Live Law  

The Kerala High Court recently held that when the prosecution is solely responsible for the delay in concluding the trial, the liberty guaranteed under Article 21 of the Constitution overrides the effect of Section 37 of the NDPS Act. However, the Supreme Court in Ankur Choudhary v State of Madhya Pradesh had said that if a trial is not concluded …

Bar On Bail Under NDPS Act Not Attracted When No Contraband Recovered From Accused Who Was Merely In Contact With Co-Accused: Delhi HC
1 month, 3 weeks ago

Bar On Bail Under NDPS Act Not Attracted When No Contraband Recovered From Accused Who Was Merely In Contact With Co-Accused: Delhi HC

Live Law  

The Delhi High Court has held that mere contact with co-accused person found in possession of a contraband cannot be treated to be corroborative material in absence of substantive material found against such an accused.Justice Amit Mahajan said that when no recovery is affected from an accused, merely because such an accused was allegedly in touch with the co-accused persons, …

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court
1 month, 3 weeks ago

Accused's Rights Under Article 21 Prevail Over Restrictions On Grant Of Bail Under NDPS Act: Delhi High Court

Live Law  

The Delhi High Court has observed that the rights of an accused enshrined under Article 21 of the Constitution of India prevail over the restrictions on grant of bail mentioned under Section 37 of the Narcotic Drugs And Psychotropic Substances Act, 1985. “I am of the view that the restrictions given under section 37 of NDPS Act cannot take precedence …

NDPS Act | Delhi High Court Grants Bail To Former Punjab AAG Booked For Transporting Drugs, Says Twin Conditions U/S 37 Satisfied
2 months ago

NDPS Act | Delhi High Court Grants Bail To Former Punjab AAG Booked For Transporting Drugs, Says Twin Conditions U/S 37 Satisfied

Live Law  

The Delhi High Court has granted bail to lawyer and former Additional Advocate General for the State of Punjab in a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 last year. Justice Jasmeet Singh granted relief to Vikramjit Singh, observing that the "twin conditions" given under section 37 of the NDPS Act were "satisfied" in the case. …

NDPS Act | Grant Of Bail In Commercial Quantity Case Due To Undue Delay In Trial, Not Fettered By Bar Of S.37: Punjab & Haryana HC
2 months, 1 week ago

NDPS Act | Grant Of Bail In Commercial Quantity Case Due To Undue Delay In Trial, Not Fettered By Bar Of S.37: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that the grant of bail in a case pertaining to commercial quantity, on the ground of undue delay in trial, cannot be said to be fettered by Section 37 of the NDPS Act, 1985.As per Section 37 of the NDPS Act, the Court can grant bail to an accused in …

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC
2 months, 1 week ago

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that while adjudicating anticipatory bail under NDPS, the manner in which the petitioner has been arraigned or implicated is a required to be seen.Justice Sumeet Goel explained, “The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and …

S. 58 NDPS Act | Proceedings Against Police Officials For Alleged Misconduct In Investigation Ought To Be Tried Summarily : Supreme Court
3 months, 1 week ago

S. 58 NDPS Act | Proceedings Against Police Officials For Alleged Misconduct In Investigation Ought To Be Tried Summarily : Supreme Court

Live Law  

The Supreme Court today granted relief to a retired IPS Officer, quashing a summons issued by a Special Judge and the subsequent proceedings under Section 58 of the Narcotic Drugs and Psychotropic Substances Act, 1985 over allegations of misconduct during her tenure as SP, Kurukshetra, in a narcotics case investigation. The Court said that the Special Judge is not empowered …

'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial
6 months, 1 week ago

'To Avoid Trial Process Itself Being The Punishment' : Supreme Court Grants Bail To Undertrial; Reaffirms Right To Speedy Trial

Live Law  

The Supreme Court recently granted bail to an undertrial prisoner in custody for over four years, considering the delay in the trial. "An accused has a right to a fair trial and while a hurried trial is frowned upon as it may not give sufficient time to prepare for the defence, an inordinate delay in conclusion of the trial would …

“Incarcerated For More Than 7 Yrs, Longer Than Maximum Sentence”: Bombay HC Grants Bail To Conman Sukesh Chandrashekhar In 2015 Ponzi Scheme Case
8 months, 2 weeks ago

“Incarcerated For More Than 7 Yrs, Longer Than Maximum Sentence”: Bombay HC Grants Bail To Conman Sukesh Chandrashekhar In 2015 Ponzi Scheme Case

Live Law  

The Bombay High Court on Thursday granted bail to alleged conman Sukesh Chandra Shekhar, booked in a cheating case lodged against him in May 2015 for duping investors in a Ponzi Scheme. A rough and ready calculation of the total period of incarceration suffered by the applicant, in the context of the present case, leads to the period of about …

[NDPS Act] Conditional Liberty Overrides Statutory Embargo, Prolonged Incarceration Affects Fundamental Rights: Uttarakhand High Court
9 months ago

[NDPS Act] Conditional Liberty Overrides Statutory Embargo, Prolonged Incarceration Affects Fundamental Rights: Uttarakhand High Court

Live Law  

The Uttarakhand High Court has granted bail to an individual accused of offences under the Narcotic Drugs and Psychotropic Substances Act observing that conditional liberty must override the statutory embargo when prolonged detention is at odds with constitutional rights. In allowing his plea of bail of the ground of prolonged Incarceration Justice Alok Kumar Verma underscored, “The prolonged incarceration, generally …

S.45 PMLA Doesn't Bar Power Of Court To Grant Bail If There's Delay In Trial : Justice Sanjiv Khanna
1 year ago

S.45 PMLA Doesn't Bar Power Of Court To Grant Bail If There's Delay In Trial : Justice Sanjiv Khanna

Live Law  

Supreme Court judge Justice Sanjiv Khanna on Wednesday orally observed that Section 45 of the Prevention of Money Laundering Act does not bar a Court from granting bail to an accused if there is prolonged incarceration and delay in trial.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if …

Bar On Grant Of Bail Under Section 37 Of NDPS Act Can't Be Invoked Where Evidence Against Accused Is Unbelievable: Delhi High Court
1 year, 1 month ago

Bar On Grant Of Bail Under Section 37 Of NDPS Act Can't Be Invoked Where Evidence Against Accused Is Unbelievable: Delhi High Court

Live Law  

The Delhi High Court has said that the bar provided under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, cannot be invoked in a case where evidence against the accused “appears to be unbelievable” and “does not seem to be sufficient for the purpose of conviction.”“The Courts are not expected to accept every allegation made by the prosecution …

NDPS Act | Courts Should Be Slow In Granting Even Regular Bail To Accused When Huge Quantities Of Narcotics Are Recovered: Supreme Court
1 year, 1 month ago

NDPS Act | Courts Should Be Slow In Granting Even Regular Bail To Accused When Huge Quantities Of Narcotics Are Recovered: Supreme Court

Live Law  

Recently, the Supreme Court observed that the Courts should be slow in granting bail to the accused in case of recovery of huge quantity of narcotic substance from the accused. Reversing the decision of the High Court which granted anticipatory bail to the accused against whom an FIR is being registered of conspiring in the procurement/supply of 232.5 Kg of …

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court
1 year, 2 months ago

[NDPS Act] Oral Application Sufficient For Statutory Bail When IO Fails To File Final Report On Time, Extension Not Sought: Kerala High Court

Live Law  

In a recent matter before the Kerala High Court, a single judge bench of Justice CS Dias held that an oral application made by the petitioner, who was accused under the NDPS Act would be sufficient to release him on statutory bail due to the failure of the Investigation Officer to file the final report on time. The petitioner submitted …

NDPS Act | Calcutta High Court Suspends Conviction Of Four, Cites Infirmities In Investigation & Violations Of Mandatory Statutory Provisions
1 year, 4 months ago

NDPS Act | Calcutta High Court Suspends Conviction Of Four, Cites Infirmities In Investigation & Violations Of Mandatory Statutory Provisions

Live Law  

The Calcutta High Court has recently suspended the convictions and 15-year prison sentences of four persons under the Narcotic Drugs & Psychotropic Substances Act, for the alleged possession of commercial quantities of cannabis. The infirmities in the investigation and the violations of the mandatory provisions, dealt above, including of section 42, 52-A of the NDPS Act read with section 100 …

"Paramount To Protect Drug Detection Squad", Punjab & Haryana High Court Directs NDPS Accused To Surrender All Weapons As Pre-Condition To Bail
1 year, 4 months ago

"Paramount To Protect Drug Detection Squad", Punjab & Haryana High Court Directs NDPS Accused To Surrender All Weapons As Pre-Condition To Bail

Live Law  

The Punjab & Haryana High Court has directed an accused person under NDPS Act to surrender all his weapons as a pre-bail condition to bail, observing that given the background of allegations against him, it becomes "paramount to protect the drug detection squad, their family members, as well as the members of society. The Punjab & Haryana High Court has …

Trial Court Can't Grant Bail U/S 389 CrPC To Convicts After District Appellate Court Confirms Conviction, Sentence: Patna High Court
1 year, 5 months ago

Trial Court Can't Grant Bail U/S 389 CrPC To Convicts After District Appellate Court Confirms Conviction, Sentence: Patna High Court

Live Law  

The Patna High Court has ruled that after the District Appellate Court affirms the judgment of conviction and issues the sentence order, the trial court does not have the authority to grant bail to convicted individuals under Section 389 of CrPC. The petitioners had not surrendered after the conviction was affirmed by the District Appellate Court, and the revision application …

[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-I]
1 year, 10 months ago

[BAIL] Questions & Answers By Justice V. Ramkumar- Post Sentence Bail [Part-I]

Live Law  

Q.1 The accused is charge sheeted by the police for an offence punishable under Section 326 IPC. The accused files an appeal before the Sessions Court under Section 374 Cr.P.C and obtains an order under Section 389 Cr.P.C suspending the sentence and releasing him on bail. The accused files an application before the Sessions Court for bail under Section 389 …

Can Rigour On Bail U/S 37 NDPS Act Have Same Efficacy Throughout Trial, Notwithstanding Period Of Custody? Himachal Pradesh High Court Asks
1 year, 10 months ago

Can Rigour On Bail U/S 37 NDPS Act Have Same Efficacy Throughout Trial, Notwithstanding Period Of Custody? Himachal Pradesh High Court Asks

Live Law  

The Himachal Pradesh High Court has reiterated that the Constitutional guarantee of expeditious trial cannot be diluted by applying the rigors of Section 37 of Narcotic Drugs and Psychotropic Substances Act in perpetuity. It wondered whether the provision of Section 37 of the NDPS Act can be construed to have same efficacy throughout the pendency of trial, notwithstanding, the period …

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court
1 year, 10 months ago

Section 389 CrPC | Sentence Can Be Suspended In Appeal Only If Convict Has Fair Chances Of Acquittal : Supreme Court

Live Law  

The Supreme Court has held that in order to suspend the substantive order of sentence under Section 389 of the Criminal Procedure Code, there ought to be something apparent or gross on the face of the record, on the basis of which, the Court can arrive at a prima facie satisfaction that the conviction may not be sustainable. It also …

Chandigarh: Drug accused pleads guilty, courts let him off with minor punishment
1 year, 11 months ago

Chandigarh: Drug accused pleads guilty, courts let him off with minor punishment

Hindustan Times  

A youth caught with 15 gm heroin has been let off by courts with merely one month and 12 days of jail time after he confessed to possessing the drug. Dismissing Chandigarh Police’s appeal for higher sentence, a Punjab and Haryana high court bench refused to interfere with the trial court order passed in March 2019. The contraband recovered from …

Must expedite conclusion of trials under special laws: Supreme Court
1 year, 11 months ago

Must expedite conclusion of trials under special laws: Supreme Court

Hindustan Times  

Trials involving special laws with stringent bail provisions must be concluded speedily, the Supreme Court said in a recent judgment and directed courts to be sensitive to the fact that incarceration has deleterious effects on undertrials and if the trial is not concluded in time, the injustice inflicted on the individual is immeasurable. Trials involving special laws with stringent bail …

NDPS Act | Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period, Cannot Be Released Automatically: Calcutta HC Full Bench
2 years, 1 month ago

NDPS Act | Accused Must Apply For Default Bail On Expiry Of Statutory Detention Period, Cannot Be Released Automatically: Calcutta HC Full Bench

Live Law  

The Calcutta High Court at circuit bench Jalpaiguri held that an accused who is under detention under provisions of NDPS Act, cannot be released automatically on statutory bail on the expiry of 180 days which is prescribed under section 36A of the Act until and unless he makes an application either in written or oral form. A Full bench comprising …

Rigours Of S.37 NDPS Act Cannot Be Invoked In Perpetuity To Dilute Right Of Expeditious Trial: Himachal Pradesh High Court
2 years, 2 months ago

Rigours Of S.37 NDPS Act Cannot Be Invoked In Perpetuity To Dilute Right Of Expeditious Trial: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently held that the stringent provisions concerning bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 cannot be invoked in perpetuity to dilute the right of the accused to an expeditious trial The pronouncement was made by Justice Satyen Vaidya while hearing a plea for bail in a matter where the …

18 Adjournments Taken After Framing Of Charges; Reasons To Believe He's Not Guilty: P&H High Court Grants Bail To Accused In NDPS Case
2 years, 3 months ago

18 Adjournments Taken After Framing Of Charges; Reasons To Believe He's Not Guilty: P&H High Court Grants Bail To Accused In NDPS Case

Live Law  

Granting bail to an accused in a case involving recovery of 500 grams of heroin – which qualifies as 'commercial quantity' under the NDPS Act, the Punjab and Haryana High Court said his argument that he has been falsely implicated in the case gets substantiated from the fact that on 18 dates, no prosecution witness came forward for deposition before …

[NDPS Act] Can Bail Be Granted In View Of Custody Period Without Satisfying Twin Conditions When Commercial Quantity Is Recovered? P&H HC Larger Bench To Decide
2 years, 3 months ago

[NDPS Act] Can Bail Be Granted In View Of Custody Period Without Satisfying Twin Conditions When Commercial Quantity Is Recovered? P&H HC Larger Bench To Decide

Live Law  

Taking note of the contradictory views of co-ordinate benches on applicability of Section 37 of NDPS Act in bail matters where accused booked for possession of commercial quantity have been in custody for a long duration, a single bench of Punjab and Haryana High Court has referred the matter to the Chief Justice for constitution of a larger bench. "In …

Anticipatory Bail Can't Be Set For A Limited Period, Supreme Court Says
2 years, 3 months ago

Anticipatory Bail Can't Be Set For A Limited Period, Supreme Court Says

Live Law  

While hearing an application seeking anticipatory bail, the Supreme Court of India on Thursday stated that it can't be set for a limited time frame. The Bench was hearing an appeal filed by politician Monirul Islam challenging an order of the Calcutta High Court that had granted him anticipatory bail in 2021, limiting it to four weeks only. As the …

'In The Face Of The Mandate Of Section 37 NDPS Act': Supreme Court Sets Aside Bail Granted To NDPS Accused
2 years, 4 months ago

'In The Face Of The Mandate Of Section 37 NDPS Act': Supreme Court Sets Aside Bail Granted To NDPS Accused

Live Law  

The Supreme Court recently set aside the bail granted to two persons accused in an NDPS case. "In the face of the mandate of Section 37 of the NDPS Act, the High Court could not and ought not to have released the accused on bail", the bench of CJI UU Lalit and Justice Bela M. Trivedi observed.As per the prosecution …

NDPS Act | Duration Of Custody Alone Not Ground For Grant Of Bail: Punjab & Haryana High Court Reiterates
2 years, 7 months ago

NDPS Act | Duration Of Custody Alone Not Ground For Grant Of Bail: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab and Haryana High Court recently denied regular bail to an accused involved in a case registered in the year 2020 under Narcotic Drugs and Psychotropic Substances Act, 1985, over recovery of 120 grams heroin along with drug money. The bench comprising Justice Avneesh Jhingan placed reliance on the judgement of Supreme Court in NCB v. Mohit Aggarwal and …

"13 Yrs Of Incarceration Sans Conclusion Of Trial Violated His Right To Speedy Trial": Allahabad HC Grants Interim Bail To Murder Accused
2 years, 7 months ago

"13 Yrs Of Incarceration Sans Conclusion Of Trial Violated His Right To Speedy Trial": Allahabad HC Grants Interim Bail To Murder Accused

Live Law  

The Allahabad High Court last week granted bail to a murder accused as it noted that 13 years of incarceration without conclusion of the trial had violated his fundamental right to a speedy trial.The bench of Justice Ajay Bhanot was dealing with the 4th bail application of the murder accused seeking his release on bail in a criminal case under …

Are All Offences Under NDPS Act Non-Bailable Irrespective Of Punishment Prescribed? Single Bench Of Bombay High Court Refers Question To Larger Bench
2 years, 8 months ago

Are All Offences Under NDPS Act Non-Bailable Irrespective Of Punishment Prescribed? Single Bench Of Bombay High Court Refers Question To Larger Bench

Live Law  

A single judge bench of the Bombay High Court has referred to a larger bench the question whether all offences under the NDPS Act, 1985 are non-bailable, irrespective of the punishment prescribed and irrespective of the fact that many offences do not even mandate imprisonment as a punishment. In Stefan Mueller, a single judge bench stated "nowhere Section 37 specifically …

Applicability Of Section 27A Is Seriously Questionable : Supreme Court Upholds Bail Granted To NDPS Accused
2 years, 8 months ago

Applicability Of Section 27A Is Seriously Questionable : Supreme Court Upholds Bail Granted To NDPS Accused

Live Law  

The Supreme Court observed that the rigours of Section 37 NDPS Act will not apply in a case where applicability of Section 27A NDPS Act is seriously questionable and there was no recovery from the accused and quantity in question was intermediate quantity.In this case, the Calcutta High Court granted bail to a person accused under Sections 21/29/27A of the …

Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates
2 years, 8 months ago

Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates

Live Law  

The Punjab and Haryana High Court has held that when dealing with a case registered under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the power to grant regular bail under Section 439 CrPC is subject to the conditions laid down in Section 37 of the NDPS Act. Power to grant bail under Section 439 of the Code …

NDPS Act | Passing Secret Tip About Illicit Drugs To Gazetted Officer Before Apprehending Accused Not Reason To Doubt Prosecution Story: P&H High Court
2 years, 9 months ago

NDPS Act | Passing Secret Tip About Illicit Drugs To Gazetted Officer Before Apprehending Accused Not Reason To Doubt Prosecution Story: P&H High Court

Live Law  

The Punjab and Haryana High Court recently refused to doubt the prosecution's story in a NDPS case, merely on the ground that the alleged secret information on the basis of which the accused was apprehended was shared with a Gazetted officer, even before his apprehension.The Petitioner, seeking regular bail in matter involving recovery of more than 20 kg tablets containing …

NDPS Accused In Custody Since Over 2 Yrs, Only Three Of Eight Witnesses Examined: Punjab & Haryana High Court Grants Bail
2 years, 9 months ago

NDPS Accused In Custody Since Over 2 Yrs, Only Three Of Eight Witnesses Examined: Punjab & Haryana High Court Grants Bail

Live Law  

The Punjab and Haryana High Court recently granted bail to an accused, incarcerated since over two years in connection with alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. "Keeping in view the fact that the petitioner has been in custody for a period of 02 years, 09 months and 14 days and the trial is likely to …

S.389 CrPC | Application For Suspension Of Sentence Should Be Considered Liberally If Punishment Is Less Than 10 Yrs: J&K&L High Court Reiterates
2 years, 10 months ago

S.389 CrPC | Application For Suspension Of Sentence Should Be Considered Liberally If Punishment Is Less Than 10 Yrs: J&K&L High Court Reiterates

Live Law  

The Jammu and Kashmir and Ladakh High Court has recently reiterated that as per the provision under Section 389 CrPC, if the convict is punished with imprisonment for a term less than ten years, no notice is required to the Public Prosecutor/State regarding the application filed by the accused for suspension of his sentence and his release on bail.Justice Mohan …

NDPS Act | Orissa High Court Grants Bail To Accused Who Was Not Heard Before Giving Extension To Submit Chargesheet
2 years, 11 months ago

NDPS Act | Orissa High Court Grants Bail To Accused Who Was Not Heard Before Giving Extension To Submit Chargesheet

Live Law  

The Orissa High Court has set aside the orders passed by a Sessions-cum-Special Court which granted extension to submit chargesheet without providing hearing to accused and not even releasing him when he was entitled for default bail. The petitioner has filed this petition and has prayed to releasing him on default bail in terms of Section 36-A of the NDPS …

Allahabad High Court Grants Bail To A Murder-Convict In Jail For 17 Years In View Of SC's Order In 'Saudan Singh' Case
2 years, 11 months ago

Allahabad High Court Grants Bail To A Murder-Convict In Jail For 17 Years In View Of SC's Order In 'Saudan Singh' Case

Live Law  

Taking into account the recent ruling of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, the Allahabad High Court on Thursday granted bail to one Hari Bhawan who has already served over a total of 17 years in jail.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav also took into account the recent …

Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case
2 years, 11 months ago

Allahabad High Court Grants Bail To Murder-Convict In Jail For Over 16 Yrs In View Of SC's Order In 'Saudan Singh' Case

Live Law  

Taking into account the recent ruling of the Supreme Court in the case of Saudan Singh Vs. State of Uttar Pradesh, the Allahabad High Court on Wednesday granted bail to one Fareed who has already served over a total of 16 years in jail.The Bench of Justice Ramesh Sinha and Justice Saroj Yadav also took into account the recent observations …

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case
3 years ago

"Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case

Live Law  

The Delhi High Court has granted bail to a man incarcerated for almost 8 years in connection with a case registered under Narcotic Drugs and Psychotropic Substances Act, 1985, on account of inordinate delay in his trial and prolonged judicial custody.Justice Subramonium Prasad observed that there was an "egregious violation of an accused's right to personal liberty and right to …

Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case
3 years ago

Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case

Live Law  

"Evidence of a public officer cannot be thrown only on the ground that he is a police officer," the Allahabad High Court has held recently while denying bail to an accused allegedly involved in a case pertaining to recover of 1,025 kg ganja.Justice Shekhar Kumar Yadav discarded the argument that the arresting officials did not comply with the mandatory provisions …

Supreme Court Grants Bail To Accused Who Had Undergone 6 Years For Offence Punishable With A Maximum Term of 7 Years
3 years ago

Supreme Court Grants Bail To Accused Who Had Undergone 6 Years For Offence Punishable With A Maximum Term of 7 Years

Live Law  

On Wednesday, the Supreme Court granted bail to an accused who had undergone a sentence for a period of 6 years for an offence for which the maximum term of punishment is 7 years. Maximum period for which an undertrial prisoner can be detained.—Where a person has, during the period of investigation, inquiry or trial under this Code of an …

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