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 within a reasonable time, bail can be given to the accused even if he does not meet the stringent test under Section 37 of NDPS Act. In such a case, in consideration of the personal liberty of the petitioner guaranteed under Article 21 of the Constitution of India which overrides the effect of Section 37 of the NDPS Act, the petitioner, who has been in custody from 29.01.2022 is liable to be released on bail." In cases, where dilatory tactics even in remote possibility, negligible liability, bare minimum or bare impossibility is the volition, hand out or benefactum of the accused, it could not be held in such cases that personal liberty under Article 21 of the Constitution of India overrides Section 37 of the NDPS Act.” The Court in this case found that the delay caused was solely due to the prosecution and granted bail The allegation against the accused was that he arranged a lodge for another accused to collect 80g of MDMA and paid rent for the room.

Kerala Trial Court Bail Prosecution Personal Liberty Delay Accused High Petitioner Ndps Act Ndps  personal  trial  prosecution  accused  overrides  s371b  high  bail  delay  kerala  ndps  lethargy  371b  liberty  petitioner  prosecutions  solely  court

History of this topic

DC Edit | Courts must not delay bail cases
Trending News
2 weeks ago

DC Edit | Courts must not delay bail cases

Deccan Chronicle  

Article 21 of the Constitution which states that no person shall be deprived of his life or personal liberty except according to procedure established by law is the guarantee of personal liberty against the possible excesses of the state. It has time and again told the courts across the country not to feel cagey about ensuring personal liberty or granting …

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 …

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 …

Kerala HC allows NDPS Act case accused to go abroad for job
1 month, 2 weeks ago

Kerala HC allows NDPS Act case accused to go abroad for job

The Hindu  

Terming that comparison with people like Vijay Mallya and Nirav Modi was unwarranted, the Kerala High Court permitted a youth who had been charged under the Narcotic Drugs and Psychotropic Substances Act to go abroad for job as conclusion of trial was not foreseeable in the near future. His earlier petition to leave the country had been rejected by a …

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 …

Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC
2 months ago

Parity Necessary To Maintain Judicial Discipline, Co-Accused In Same Crime Entitled To Bail Unless Sufficient Reasons Given For Denial: Kerala HC

Live Law  

The Kerala High Court clarified that if bail application of an accused is allowed, then the bail application of co-accused in the same crime cannot be denied without giving sufficient reasons for denial. The Court stated that if the bail application of a co- accused is rejected, then bail application of another co-accused can be allowed only if the allegation …

Kerala drug case accused may be saved from unusual bail condition of standing in public with anti-narcotics placard
2 months ago

Kerala drug case accused may be saved from unusual bail condition of standing in public with anti-narcotics placard

The Hindu  

A native of Kasaragod in Kerala booked for allegedly possessing narcotic drugs may be saved from a trial court’s bail condition of standing in a public place with a placard carrying the message to avoid drugs and alcohol. However, the unusual bail condition imposed by the trial court on January 9 did not apparently go well with the Kerala High …

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
3 months 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 …

Allahabad HC rejects SP MLA’s bail plea in 2022 spurious liquor case
3 months ago

Allahabad HC rejects SP MLA’s bail plea in 2022 spurious liquor case

Hindustan Times  

The Allahabad high court on Friday rejected the second bail plea of SP MLA Ramakant Yadav in a spurious liquor case in which nine people had died in Azamgarh district in 2022. Yadav’s counsel argued that the Supreme Court had directed him to file a second bail plea in case no substantial progress is made in the trial pending before …

Speedy trial takes precedence over anti-terror law provisions: SC
3 months ago

Speedy trial takes precedence over anti-terror law provisions: SC

Hindustan Times  

New Delhi The Supreme Court on Tuesday ruled that the constitutional right to a speedy trial would have precedence over the stringent provisions of laws such as the Unlawful Activities Act, emphasising that courts cannot let individuals languish in jail indefinitely. A bench of justices Abhay S Oka and AG Masih held that prolonged incarceration without trial constitutes a violation …

Watchful, Diligent Judge Can Protect Right To Speedy Trial: Punjab & Haryana HC Directs Trial In Fraud Case To Be Concluded In 2 Yrs
3 months ago

Watchful, Diligent Judge Can Protect Right To Speedy Trial: Punjab & Haryana HC Directs Trial In Fraud Case To Be Concluded In 2 Yrs

Live Law  

A watchful and diligent Judge can prove to be a protector of right to speedy right within any guidelines the Punjab & Haryana High Court said while directing a trial court to conclude the trial within 2 years in a fraud case.Justice N.S. A watchful and diligent Judge can prove to be a protector of right to speedy right within …

No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC
3 months, 2 weeks ago

No Necessity To Call Upon Accused To File Counter In Extension Application, Presence Only Needed To Consider Objections: Madras HC

Live Law  

The Madras High Court recently observed that when an application for extension was filed by the prosecution, the presence of the accused was ensured only to inform him about the application and consider the objections, if any. Justice Sunder Mohan emphasized that while considering the application for extension, the court was only required to consider whether the report of the …

'Classic Case Of How System Operates & Delays Trial': Supreme Court While Allowing Accused To Recall Witness After Over 3 Years
3 months, 3 weeks ago

'Classic Case Of How System Operates & Delays Trial': Supreme Court While Allowing Accused To Recall Witness After Over 3 Years

Live Law  

The Supreme Court on Thursday lamented systematic delays in trial after noting that the trial court illegally recorded the complainant's evidence in a POCSO case in the absence of the accused and his advocate and then both the trial court and the High Court rejected a recall application to allow the accused to cross-examine the complainant. “This is a classic …

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials
3 months, 3 weeks ago

'Bail Is The Rule, Jail The Exception' : Supreme Court Deprecates High Courts Denying Bail In Routine Manner By Fixing Deadline For Trials

Live Law  

The Supreme Court on Monday granted bail to a man accused of counterfeiting currency who had been incarcerated for two years and six months invoking the principle that “bail is the rule and jail is the exception.” “Appellant has undergone incarceration for a period of two and a half years. After rejecting the prayer for bail the courts cannot provide …

High Court Rules on Framing of Charges in NDPS Act Case
5 months ago

High Court Rules on Framing of Charges in NDPS Act Case

Live Law  

The Kerala High Court has ruled that the framing of a charge by a Sessions Court having no jurisdiction to try the case does not affect the evidence recorded by a Special Court constituted under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The court observed that even if the trial court did not frame fresh charges, there would …

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 …

'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 …

Punjab Drug Menace: High Court Says If Trial Delayed Due To Absence Of Official Witness, State Can't Oppose Bail
7 months, 2 weeks ago

Punjab Drug Menace: High Court Says If Trial Delayed Due To Absence Of Official Witness, State Can't Oppose Bail

Live Law  

Observing that continued absence of prosecution witnesses is alarming in NDPS cases, especially given the severe drug menace in Punjab region, the Punjab & Haryana High Court has said that "since the trial has been delayed due to the repeated and continuous non-appearance of the prosecution witnesses, the State cannot justifiably oppose the prayer of the petitioner for bail."Previously,... Observing …

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 …

Understanding the Supreme Court’s stance on the right to a speedy trial
8 months, 2 weeks ago

Understanding the Supreme Court’s stance on the right to a speedy trial

Hindustan Times  

While granting bail to an accused recently, the SC lamented the “mockery of justice” by the prosecuting agency i.e., the National Investigation Agency and stated that regardless of the seriousness of the offence, the accused is entitled to bail if the prosecuting agency does not ensure a speedy trial. The SC has, through various judgements, held and reaffirmed that the …

'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon
10 months ago

'In Matters Of Personal Liberty, Every Single Day Counts' : Supreme Court Asks HC To Decide Regular Bail Plea Soon

Live Law  

Emphasising that in matters concerning personal liberty, every single day of delay counts, the Supreme Court on Friday expressed disappointment at the Delhi High Court keeping the bail application of a petitioner pending for nearly 11 months.A bench comprising Justices BR Gavai and Sandeep Mehta was hearing a petition filed by Amandeep Singh Dhall, an accused in the Delhi liquor. …

Accused should get reasonable chance to fulfil bail conditions: Orissa HC
1 year, 1 month ago

Accused should get reasonable chance to fulfil bail conditions: Orissa HC

New Indian Express  

CUTTACK: An accused should be given reasonable opportunity to fulfil the bail conditions when no time limit is specified while granting it, the Orissa High Court has held. A single judge bench of Justice V Narasingh gave the ruling in the case of one Bhisma Behera whose bail plea was rejected by the trial court after granting default bail as …

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court
1 year, 1 month ago

Supreme Court Criticises HC For Not Deciding Bail Application On Merits & Disposing It Asking Accused To Approach Trial Court

Live Law  

In a bail application, where the Bombay High Court permitted the accused to file the same before the Trial Court instead of deciding it on merits, the Supreme Court observed that this approach amounts to non-exercise of jurisdiction. However, the High Court disposed off his bail application and ordered: “.Be that as it may, as the applicant is in jail …

[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 …

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023
1 year, 3 months ago

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023

Live Law  

The Karnataka High Court recently called for an explanation from the Trial Court for not obeying its direction of disposing of a criminal case registered against a man charged with the death of his wife, under Section 498A and 306 of the Indian Penal Code. Notably, although the Trial Court had been directed to dispose of the case within 31st …

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old
1 year, 7 months ago

Plea In Kerala High Court Challenges Grant Of Anticipatory Bail To 57 Yrs Old Man Accused Of Sexually Assaulting 7-Yr-Old

Live Law  

A plea has been moved in the Kerala High Court against the grant of anticipatory bail to a 57 years old man accused of sexually assaulting a minor aged 7 years. The Sessions Judge vide, its Order dated August 3, 2023, granted anticipatory bail to the accused on noting the delay caused in the registration of the case and that …

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court
1 year, 9 months ago

Pre-Arrest Bail Plea Though Barred For Offence U/S 376(3) IPC May Be Considered If Material Does Not Prima Facie Attract Offence: Kerala High Court

Live Law  

The Kerala High Court recently dismissed the anticipatory bail application filed by a father accused of sexually abusing his minor daughter.A single bench of Justice Ziyad Rahman observed that as per Section 438 of the Criminal Procedure Code, there is a specific bar against entertaining an application for anticipatory bail where offences Section 376 or section 376AB or section 376DA. …

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court
1 year, 9 months ago

When Application For Anticipatory Bail Is Not Pressed Interim Bail Stands Vacated: Kerala High Court

Live Law  

The Kerala High Court recently held that a person who was granted interim bail after executing the bail bond cannot rely on the interim bail order to submit that the main bail application has become infructuous. The Court held that as a consequence of the main application being dismissed as not pressed, the interim order granting bail to the petitioner …

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case
1 year, 9 months ago

When Victim Avoids Stepping Into Witness Box, Such Conduct Sufficient To Entitle Accused To Bail: Jammu & Kashmir High Court In POCSO Case

Live Law  

Granting bail to an accused in a POCSO case, the Jammu and Kashmir and Ladakh High Court has said that simply because the prosecutrix keeps herself away from appearing in court, the plea for bail cannot be deferred indefinitely. The accused was arrested in April 2020 and his first bail application was rejected by the trial court on the ground …

Can’t Deny Bail to POCSO Accused If Victim Refuses to Testify: Jammu & Kashmir and Ladakh HC
1 year, 9 months ago

Can’t Deny Bail to POCSO Accused If Victim Refuses to Testify: Jammu & Kashmir and Ladakh HC

News 18  

The High Court of Jammu & Kashmir and Ladakh recently ruled that a victim’s refusal to testify in court under Protection of Children from Sexual Offences Act was sufficient to grant bail to the accused. The Single Judge Bench of Justice Sanjay Dhar held, “Consideration of the bail petition could not be postponed indefinitely simply because the victim refused to …

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 …

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 …

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC
1 year, 11 months ago

Kerala High Court Orders Fresh Hearing Of Bail Application In POCSO Case, Invokes Powers U/S 482 CrPC

Live Law  

The Kerala High Court on Tuesday remanded a bail application in a POCSO case for fresh consideration by the trial Court, while exercising its jurisdiction under Section 482 Cr.P.C. The Single Judge Bench of Justice K. Babu directed the Trial Court to consider the entitlement of the petitioner for regular bail before March 30, 2023. When he filed a petition …

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider
2 years ago

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Live Law  

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. In March 2020, a five-judge bench of the Allahabad High Court clarified that …

Mere Registration Of Subsequent Case Against Accused By Itself Cannot Result In Automatic Cancellation Of Bail In Earlier Case: Kerala High Court
2 years ago

Mere Registration Of Subsequent Case Against Accused By Itself Cannot Result In Automatic Cancellation Of Bail In Earlier Case: Kerala High Court

Live Law  

The Kerala High Court on Friday held that the bail granted in one crime cannot be cancelled merely because the accused has been subsequently booked in another case.Justice Bechu Kurian Thomas observed that a bail that had once been granted ought not to be cancelled on the mere asking, but that there ought to be cogent and overwhelming circumstances existing …

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC
2 years, 1 month ago

SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC

Live Law  

The Kerala High Court recently recalled an order which granted bail after taking note of the fact that the order was passed without notice to the victim.The Court allowed an application filed by the victim seeking recall of the bail order passed without hearing him.The Court observed that a notice to the victim is mandatory as contemplated under Section 15A …

Indulging In Similar/Other Criminal Activities Reason For Bail Cancellation When Such Condition Imposed In Bail Order: Kerala HC Reiterates
2 years, 1 month ago

Indulging In Similar/Other Criminal Activities Reason For Bail Cancellation When Such Condition Imposed In Bail Order: Kerala HC Reiterates

Live Law  

The Kerala High Court recently reiterated that indulging in similar or other criminal activities would be a reason for cancellation of the bail, particularly, when there is such a condition imposed in the initial bail order. The Single Judge Bench of Justice A. Badharudeen, while dismissing a petition seeking the bail cancellation order passed by the court below to be …

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 …

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused
2 years, 3 months ago

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused

Live Law  

The Punjab and Haryana High Court recently expressed its dismay over the conduct of Police officials, who were the official witnesses in a NDPS case, for not deposing despite issuance of multiple bailable, non-bailable and arrest warrants. A single bench of Justice Jasgurpreet Singh Puri remarked, "It is actually very surprising that the police officials were summoned by way of …

[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 …

S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC
2 years, 4 months ago

S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC

Live Law  

The Kerala High Court on Thursday held that in order to extend the statutory period of 180 days to complete the process of investigation as per Section 36-A of the Narcotic Drugs and Psychotropic Substances Act, 1985, the report produced by the Public Prosecutor ought to disclose the progress of investigation in addition to the reasons to detain the accused …

'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 …

Discover Related