[NDPS Act] Bar On Bail U/S 37 Can Be Relaxed When Contraband 'Marginally' Above Commercial Quantity: Punjab & Haryana High Court
2 weeks, 3 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 to satisfy twin conditions i.e. 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. Justice Jasjit Singh Bedi said, "The alleged recovery from the petitioner is of 261 grams of a narcotic substance containing the sale of 'Tramadol Hydrochloride' which is marginally above the commercial quantity of 250 grams. After examining the submissions, the Court took note of a catena of judgements of the High Court, wherein the recovery from the accused was marginally above the commercial quantity for the respective contraband in each case, and the Court granted bail to the accused therein.

Court Bail Commercial Case Accused Punjab Singh Fir Act Petitioner Commercial Quantity Ndps Haryana High Court Section 37 Quantity Gurprabh Singh Tramadol Hydrochloride Marginally 261 Grams  punjab  case  contraband  petitioner  bail  haryana  recovery  relaxed  ndps  commercial  act  quantity  high  accused  singh  marginally  court

History of this topic

NDPS Act | Case Involving Small Quantity Bailable Under BNSS, Accused Entitled To Bail Without Filing Plea: Punjab & Haryana High Court
5 days, 18 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 …

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail
1 week, 6 days ago

Man Spends 4+ Yrs In Jail Without Trial For Offence With Max 5 Yrs Sentence, P&H High Court Laments ₹1 Crore Bond Condition For Default Bail

Live Law  

Observing that the case shows "distressing picture of the criminal justice system's failure", the Punjab & Haryana High Court has set aside condition to pay Rs.1.10 crore in bail bond for granting default bail to an accused in Tax Fraud case. It further said that the failure to release the petitioner under Section 479 BNSS, when his right to default …

Rigors Of Bail U/S 37 Of NDPS Act Will Not Apply In Cases Of Intermediate Quantity: J&K High Court
2 weeks, 3 days ago

Rigors Of Bail U/S 37 Of NDPS Act Will Not Apply In Cases Of Intermediate Quantity: J&K High Court

Live Law  

The Jammu and Kashmir High Court held that the rigors of bail under the NDPS Act will not apply where the contraband in question is of intermediate quantity. The court observed that the quantity recovered from the accused persons fell within the intermediate category and not the commercial quantity attracting the rigors of Section 37 of the Act. The reference …

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration
2 weeks, 4 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 …

"Didn't Have Conscious Possession": Calcutta High Court Grants Bail To Delivery Boys Booked Under NDPS Act For Transporting Illicit Goods
1 month ago

"Didn't Have Conscious Possession": Calcutta High Court Grants Bail To Delivery Boys Booked Under NDPS Act For Transporting Illicit Goods

Live Law  

A Division Bench of Calcutta High Court has granted bail to three accused persons who were delivery boys of Delhivery Ltd, accused of offences under the NDPS Act,1985. The division bench of Justices Tapabrata Chakraborty and Prasenjit Biswas held that the accused persons were employed as delivery boys by Delhivery and were doing their regular course of duty by picking …

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

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 …

Offences Under NDPS Act A 'Menace' Affecting The Youth: Gujarat HC Denies Bail To Man Accused Of Manufacturing Commercial Quantity Drug
1 month, 2 weeks ago

Offences Under NDPS Act A 'Menace' Affecting The Youth: Gujarat HC Denies Bail To Man Accused Of Manufacturing Commercial Quantity Drug

Live Law  

The Gujarat High Court denied regular bail to a man booked under the NDPS Act for being the "main manufacturer" of the contraband Mephedrone which was found to be of commercial quantity, after considering the role stated to be played by the man noting that his act would have effect on the youth of the nation. The high court noted …

'Exorbitant Bail Bond Deprives Accused Of Liberty, Adversely Impacts Family': Punjab & Haryana HC Reduces ₹50 Lakh Surety To ₹50k
1 month, 2 weeks ago

'Exorbitant Bail Bond Deprives Accused Of Liberty, Adversely Impacts Family': Punjab & Haryana HC Reduces ₹50 Lakh Surety To ₹50k

Live Law  

The Punjab & Haryana High Court modified the quantum of surety fixed by the trial Court from Rs. 50 lakh to Rs 50,000 observing that, "the imposition of such an egregious condition would, in almost all cases, result in the accused being unable to furnish the required surety, thereby depriving them of their liberty and subjecting them to the harsh …

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 …

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court
2 months, 3 weeks ago

District Judiciary's Reluctance In Granting Bail Burdens High Courts, Hierarchical Court Must Introspect: Punjab & Haryana High Court

Live Law  

While granting bail to a man booked for offences under the NDPS Act, the Punjab & Haryana High Court observed that district court's reluctance in granting bail burdens the High Court, delays hearing of matters like appeals, revision and it is for the "hierarchical court" like the high court to "introspect". Such reluctance exacerbates the burden on High Courts, where …

Non-bailable warrant issued against YouTuber ‘Savukku’ Shankar after failing to appear before court
3 months ago

Non-bailable warrant issued against YouTuber ‘Savukku’ Shankar after failing to appear before court

New Indian Express  

MADURAI: The Principal Special Court for Narcotic Drugs and Psychotropic Substances Act Cases in Madurai issued a non-bailable warrant against YouTuber ‘Savukku’ Shankar for failing to appear before the court in a ganja case on Tuesday. Soon after this, the Palanichettipatti police of Theni booked Shankar in a ganja case allegedly based on a search they conducted in a hotel …

Contraband Smuggled In By Drones From Pakistan, Masterminds Behind Illegal Trafficking Can't Be Granted Bail: Punjab & Haryana HC
3 months, 1 week ago

Contraband Smuggled In By Drones From Pakistan, Masterminds Behind Illegal Trafficking Can't Be Granted Bail: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has refused to grant bail to a man accused of illicit trafficking of 50 grams of heroin, observing that "the quantity involved is categorized as "Intermediate Quantity" does not, by itself, bestow an automatic right to bail.Justice Sandeep Moudgil said, "merely because the quantity involved is categorized as "Intermediate Quantity" does not, by itself,. …

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court
3 months, 2 weeks ago

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court

Live Law  

Criticising the growing trend of directly approaching the High Court for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the Jammu and Kashmir and Ladakh High Court has observed that bypassing the trial courts in such matters not only burdens the High Court but also disregards the legal protocol, where such petitions should typically be first addressed …

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024
4 months, 1 week ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest– October 2024

Live Law  

Allahabad High Court: IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court Case title - Kajal And Another vs. State Of U.P. Kerala High Court: S. 250 BNSS | Court Has Discretion To Consider Discharge Plea Even After Prescribed Limit Of 60 Days: Kerala High Court Case Title: Sajith v State …

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC
4 months, 1 week ago

S.482 BNSS | Once Pre-Arrest Bail Is Denied On Merits, Second Plea Can't Be Entertained Without Any Change In Fact Situation: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that once the first anticipatory bail has been denied on merits and without there being change in the facts of the situation, the second application for the same relief under Section 482 BNSS cannot be entertained by making new arguments or twist by introducing new circumstances, development or material.Justice Kirti …

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant
4 months, 3 weeks ago

High Court Allows Anticipatory Bail Plea for Accused Facing Arrest Warrant

Live Law  

The Allahabad High Court has ruled that there is no 'absolute prohibition' against considering an application for anticipatory bail filed by an accused facing an arrest warrant or proclamation under Section 82 CrPC. The court is empowered to consider the merits of the case in extremely exceptional cases in the interest of justice.

Urgent Need For Special NDPS Courts In Punjab & Haryana, Hoping For Speedy Trial Is Over-Expectation Due To Heavy Pendency: High Court
6 months, 1 week ago

Urgent Need For Special NDPS Courts In Punjab & Haryana, Hoping For Speedy Trial Is Over-Expectation Due To Heavy Pendency: High Court

Live Law  

The Punjab & Haryana High Court has said that expecting speedy trial from Courts will be "over expectation" given the amount of pendency it is facing and there is a "dire necessity" of making Special NDPS Courts.Justice Sureshwar Thakur and Justice Sudeepti Sharma said, "If the heavy docket of subjudice litigations of every genre becomes the deterrent for the learned …

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench
6 months, 1 week ago

Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench

Live Law  

The Punjab and Haryana High Court has referred the issue of applicability of the Bharatiya Nagarik Suraksha Sanhita, 2023 to a larger bench.Justice Harpreet Singh Brar disagreed with the opinion in Axxx v. UT Chandigarh where Justice Sumeet Goel had held that if a FIR is lodged under IPC but the application or petition in relation to it is filed …

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
6 months, 1 week ago

When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains

Live Law  

The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, the petitioner is required to show substantial change in circumstances and "a mere superficial or ostensible change would not suffice. The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, …

Bail Under NDPS Act Should Not Be Granted Solely Because Accused Is Suffering From HIV: Supreme Court
8 months ago

Bail Under NDPS Act Should Not Be Granted Solely Because Accused Is Suffering From HIV: Supreme Court

Live Law  

The Supreme Court, recently, while overturning the bail granted to an accused under the NDPS Act on the ground that she is suffering from HIV, stressed on the mandate of Section 37 of the Act. Considering these facts and circumstances, the grant of bail by the Meghalaya High Court was termed as a very “serious lapse.” “When the accused is …

[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 …

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment
10 months, 2 weeks ago

PMLA | Are Sec.45 Bail Conditions Applicable To Accused Who Appears Before Court As Per Summons? Supreme Court Reserves Judgment

Live Law  

The Supreme Court on Tuesday reserved the Judgment on the issue whether an accused in a money laundering case is required to fulfil the twin conditions for bail under Section 45 of the Prevention of Money Laundering Act when he executes a bond for appearance before the Special Court in pursuance of a summons issued to him.The Bench comprising Justices …

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court
11 months, 3 weeks ago

[S. 45 PMLA] Twin Conditions For Bail Not Required To Be Fulfilled When Release In Police Custody Ordered: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court made it clear that the twin condition under Section 45 of the Prevention of Money Laundering Act, is not required to be complied with when the Court has ordered release in police custody.According to Section 45 of the PMLA, bail can be granted to an accused in a money laundering case only if twin …

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 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] 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 …

Punjab & Haryana High Court Grants Bail To Congress MLA Sukhpal Singh Khaira In 2015 Drugs Case
1 year, 2 months ago

Punjab & Haryana High Court Grants Bail To Congress MLA Sukhpal Singh Khaira In 2015 Drugs Case

Live Law  

The Punjab & Haryana High Court has granted bail to Congress MLA from Punjab's Bholath, Sukhpal Singh Khaira in 2015 International Drugs trade case, observing that he "cannot be said to be prima facie guilty for any allegations".Khaira was arrested on September 28, 2023 in a case related to massive heroine trade. The Punjab & Haryana High Court has granted …

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case
1 year, 3 months ago

Bail Plea Cannot Be Turned Into Recovery Proceedings Against Accused: Punjab & Haryana High Makes Interim Bail Absolute In Cheating Case

Live Law  

The Punjab & Haryana High Court has observed that in cheating cases where bail is sought by the accused, the Court cannot impose a condition to deposit the allegedly misappropriated amount before granting bail. Acknowledging the ruling of the Supreme Court in Dilip Singh v. State of Madhya Pradesh and another Justice Suvir Sehgal granted interim bail and said, "no …

"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 …

Failure Of Punjab Police Witnesses To Appear In NDPS Case On 11 Dates Leads High Court To Suspects Their "Unholy Nexus" With Accused
1 year, 5 months ago

Failure Of Punjab Police Witnesses To Appear In NDPS Case On 11 Dates Leads High Court To Suspects Their "Unholy Nexus" With Accused

Live Law  

The Punjab & Haryana High Court has strongly criticized the Punjab Government for its inaction and lackadaisical approach in curbing the drug menace in the State. The Court pointed out that accused persons under the NDPS Act have been repeatedly seeking bail, citing the non-appearance of prosecution witnesses who are police officials.Justice Manjri Nehru Kaul said, "Despite. Justice Manjri Nehru …

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court
1 year, 6 months ago

Bar On Anticipatory Bail U/S 438(4) CrPC In Cases Of Rape Of Minors Not Absolute: Kerala High Court

Live Law  

The Kerala High Court on Wednesday reiterated that Section 438 of the Code of Criminal Procedure does not create an absolute bar in the grant of anticipatory bail to an accused alleged of raping a minor girl when no prima facie materials exist warranting the arrest of the accused.Section 438 excludes the grant of pre-arrest bail to offences under Sections …

[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC
1 year, 6 months ago

[NDPS Act] Merely Filing FSL Report With Chargesheet Not Ground To Cancel Default Bail, Special Reasons Must Be Shown: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has made it clear that the mere filing of an FSL report with the chargesheet in a NDPS case will not be a ground to cancel default bail granted to an accused.Justice Deepak Gupta observed, ".it is made clear that merely filing the FSL report along with the challan in itself will not be …

Supreme Court Half Yearly Bail Digest 2023
1 year, 7 months ago

Supreme Court Half Yearly Bail Digest 2023

Live Law  

Accused cannot be denied bail on the sole ground that the co-accused has not surrendered. State through CBI v. T. Gangi Reddy @ Yerra Gnagi Reddy, 2023 LiveLaw 37 : AIR 2023 SC 457 : 4 SCC 253 : 1 SCR 741 : 2023 INSC 44 Code of Criminal Procedure, 1973; Proviso to Section 167 - Grant of Default Bail …

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court
1 year, 9 months ago

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court

Live Law  

The Allahabad High Court has clarified that no person can apply for bail in parts and that an accused is required to seek bail for all the offences for which he is wanted. “No person can be permitted to apply for bail in part, that too firstly getting bail by invoking powers u/s 437 CrPC and later on taking recourse …

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 …

Contraband Of Just Above Intermediate Quantity But Not Sizable Is An Additional Factor For Diluting Rigour Of Section 37 NDPS Act: Kerala High Court
1 year, 10 months ago

Contraband Of Just Above Intermediate Quantity But Not Sizable Is An Additional Factor For Diluting Rigour Of Section 37 NDPS Act: Kerala High Court

Live Law  

The Kerala High Court recently said that the quantity of the contraband seized being just above the intermediary quantity can be one of the grounds to dilute the rigour of Section 37 while granting bail in a case under the Narcotic Drugs and Psychotropic Substances Act. The court held that apart from the parameters already laid down by the Apex …

Mere Registration Of FIR Against Accused When He Was On Interim Bail Does Not Amount To Breach Of Bail Conditions: Jammu & Kashmir High Court
1 year, 11 months ago

Mere Registration Of FIR Against Accused When He Was On Interim Bail Does Not Amount To Breach Of Bail Conditions: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High has recently clarified that the registration of an FIR against an accused does not constitute a breach of their interim bail conditions, as it is merely a preliminary step in the legal process and does not necessarily indicate criminal activity. When this information was brought to the attention of the Sessions Judge, the …

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 …

Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC
2 years ago

Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC

Live Law  

The Calcutta High Court recently granted bail to two accused persons in a NDPS case on the grounds that Section 41B of CrPC was not complied with, there were discrepancies in the documents of seizure. While allowing the bail application of the accused persons the division bench of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay held: “The provisions of Section …

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I
2 years ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-I

Live Law  

Q.1 Has the accused an indefeasible right to “compulsive bail” i.e. 477 – 5 Judges - A. M. Ahmadi, J. S. Verma, P. B. Sawant, B. P. Jeevan Reddy, N. P. Singh - JJ; Union of India v. Thamisharasi 4 SCC 190 = 1995 KC 1189 - J. S. Verma, Sujata V. Manohar – JJ; Uday Mohanlal Acharya v. State …

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VI
2 years, 1 month ago

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VI

Live Law  

Q.26 Is the requirement in the bail order and in the bail bond in a bailable offence that the accused should attend the court at the time and place specified therein, a bail condition? Q.27 Role, if any, of the State Government when an accused person who is granted bail executes a bond with or without sureties? that the accused …

Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB
2 years, 1 month ago

Allahabad High Court Grants Bail To Man Accused Of Posting Objectionable Material Against UP CM Yogi Adityanath On FB

Live Law  

The Allahabad High Court recently granted bail to a man accused of uploading some objectionable material on his Facebook account with regard to the Chief Minister of the state, Yogi Adityanath.The Bench of Justice Sameer Jain passed this order as it noted that the offences under which the accused has been challaned are having maximum punishment of three years and …

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 …

NDPS Act: All India High Court Cases 2022
2 years, 2 months ago

NDPS Act: All India High Court Cases 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High Court Case Title: BIKKA PARVATHI Versus STATE REPRESENTED BY THE PUBLIC PROSECUTOR Citation: 2022 LiveLaw 18 The Andhra Pradesh High …

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 …

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