[NDPS Act] Not For Accused To Prove Seized Samples Were Not In Safe Custody, Burden Lies On Prosecution To Establish Safe Handling: J&K High Court
2 weeks, 3 days ago

[NDPS Act] Not For Accused To Prove Seized Samples Were Not In Safe Custody, Burden Lies On Prosecution To Establish Safe Handling: J&K High Court

Live Law  

Underscoring the importance of procedural compliance in narcotics cases, the High Court of Jammu and Kashmir and Ladakh has held that it is not for the accused to prove that seized samples were not in safe custody, rather, the burden lies on the prosecution to establish their safe handling and ensure that tampering was impossible. Additionally, it was argued that the prosecution could not establish that the samples remained untampered between the time of seizure and their delivery to the Forensic Science Laboratory The government counsel, Syed Musaib, defended the conviction, arguing that procedural lapses, if any, were not fatal to the case and that the trial court had rightly convicted the accused based on substantial evidence. Rejecting the trial court's conclusion that the defence had been unable to convince the Court that the samples were not in safe custody till these were deposited in FSL, Justice Dhar firmly ruled that the burden to prove the integrity of the samples lay on the prosecution, stating, “It is not for the accused to prove that the samples were not in safe custody. The burden is upon the prosecution to prove the safe custody of the samples and to establish that there was no possibility of tampering.” The Court also took note of the Investigating Officer's failure to involve independent witnesses, despite their availability at the scene.

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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, 11 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 …

Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court
1 week, 1 day ago

Provisions Of S.47(1) Of BNSS Are Mandatory, Violation Will Render Arrest & Subsequent Detention Invalid: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that the provisions of Section 47 of Bharatiya Nagarik Suraksha Sanhita are mandatory and peremptory, and a violation of this provision can only result in a declaration that the arrest and subsequent detention are invalid. The petitioner had approached the High Court contending that the remand of the detenue by the Magistrate was …

'Shocking That IO Knew Accused Was Carrying Contraband Without Conducting Search': Himachal Pradesh HC Upholds Acquittal In Drugs Case
1 week, 2 days ago

'Shocking That IO Knew Accused Was Carrying Contraband Without Conducting Search': Himachal Pradesh HC Upholds Acquittal In Drugs Case

Live Law  

The Himachal Pradesh High Court has upheld an acquittal in an NDPS Act case, expressing shock over the fact that the investigating officer already knew that the accused was carrying contraband without searching him or conducting a test on the material.Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, said "while perusing the consent memo of search of the accused observed …

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 …

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, 5 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 …

"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 …

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 …

Confession Must Be of Sterling Value & Corroborated: J&K High Court Upholds Conviction Under Prevention Of Terrorism Act
1 month, 3 weeks ago

Confession Must Be of Sterling Value & Corroborated: J&K High Court Upholds Conviction Under Prevention Of Terrorism Act

Live Law  

The Jammu and Kashmir and Ladakh High Court has reaffirmed the conviction of a former police constable under Section 3 of the Prevention of Terrorism Act, 2002, emphasizing that a confession recorded under Section 32 of POTA must be of sterling value and corroborated before it can be relied upon. that before a confession recorded under Section 32 of POTA …

Mere Breach Of S.52A NDPS Act Not Fatal To Trial If Contraband Recovery Otherwise Proved : Supreme Court
2 months ago

Mere Breach Of S.52A NDPS Act Not Fatal To Trial If Contraband Recovery Otherwise Proved : Supreme Court

Live Law  

Highlighting that substantive justice outweighs procedural irregularities, the Supreme Court recently upheld the conviction of an individual for possessing contraband, rejecting his plea for acquittal based on alleged non-compliance with Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court observed that mere non-compliance with Section 52A would not be fatal to the prosecution's case when other …

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 …

Sample Sent To FSL Different From One Which Was Recovered: Punjab & Haryana HC Acquits Man Convicted In NDPS Case After 20 Yrs
3 months ago

Sample Sent To FSL Different From One Which Was Recovered: Punjab & Haryana HC Acquits Man Convicted In NDPS Case After 20 Yrs

Live Law  

Overturning a 20-year-old order convicting a man under NDPS Act for illicit trading of poppy husk and sentenced to 12 years of imprisonment, the Punjab and Haryana High Court observed that the sample recovered was not the one which was sent to Forensic Science Laboratory.The appellant was convicted under Section 15 of NDPS Act for possessing over 29 kgs 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 …

Punjab & Haryana HC Grants ₹2 Lakh Compensation To Man Held In Custody Despite Forensic Report Revealing Alleged Contraband Is 'Paracetamol'
3 months, 1 week ago

Punjab & Haryana HC Grants ₹2 Lakh Compensation To Man Held In Custody Despite Forensic Report Revealing Alleged Contraband Is 'Paracetamol'

Live Law  

The Punjab & Haryana High has granted Rs 2 lakh compensation for "unjust deprivation of liberty" of a man who was continued to be detained under NDPS Act, despite the forensic report revealing that the alleged contraband was nothing but paracetamol.Justice Kirti Singh noted that the petitioner was subjected to prolonged incarceration for a period of about "13 days despite …

Why Sanjiv Bhatt, acquitted in custodial torture case from 27 years ago, will remain in jail
3 months, 1 week ago

Why Sanjiv Bhatt, acquitted in custodial torture case from 27 years ago, will remain in jail

India Today  

Shweta Bhatt, wife of incarcerated former IPS officer Sanjiv Bhatt, heaved a heavy sigh of relief last weekend as a Porbandar court acquitted her husband in a custodial torture case dating back to 1997. Bhatt, the former IPS officer of Gujarat cadre, is currently lodged in Rajkot Central Jail, serving a life sentence in a 1990 case of custodial death …

Custody Needed To Unravel Corruption Racket In Jail: P&H HC Denies Pre-Arrest Bail To Official Booked For Supplying Mobile Phones To Gangsters
4 months ago

Custody Needed To Unravel Corruption Racket In Jail: P&H HC Denies Pre-Arrest Bail To Official Booked For Supplying Mobile Phones To Gangsters

Live Law  

The Punjab & Haryana High Court has refused to grant anticipatory bail to a Jail Superintendent accused of collecting bribe from gangsters to supply them mobile phones inside the Haryana's Kurukshetra prison and allowed visits of hard core criminal without entry in register. The Court rejected the plea that investigation against the Jail Superintendent was lodged without following the provision …

Deficiency To Prove Safe Custody And Timely Submission Of Contraband Samples Can Render Prosecution's Version Doubtful: J&K High Court
6 months, 3 weeks ago

Deficiency To Prove Safe Custody And Timely Submission Of Contraband Samples Can Render Prosecution's Version Doubtful: J&K High Court

Live Law  

Upholding the acquittal of two individuals accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, the Jammu and Kashmir and Ladakh High Court has underscored the prosecution's obligation to demonstrate that the contraband was kept in safe custody and that samples were forwarded to the Forensic Science Laboratory without delay. Citing Supreme Court in State of Rajasthan v. Gurmail …

Rajasthan High Court Grants Bail To NDPS Accused Who Allegedly Open Fired On Police To Evade Arrest
8 months ago

Rajasthan High Court Grants Bail To NDPS Accused Who Allegedly Open Fired On Police To Evade Arrest

Live Law  

Rajasthan High Court has granted bail to an accused booked under Narcotic Drugs and Psychotropic Substances Act Act who allegedly open fired at the policemen at the time of arrest. It was further submitted that the fact of recovering poppy straw from the applicant's vehicle was never mentioned in the FIR. The bench of Justice Rajendra Prakash Soni acknowledged the …

NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC
8 months, 3 weeks ago

NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC

Live Law  

The Allahabad High Court has observed that an accused's conviction in a case under the Narcotic Drugs and Psychotropic Substances Act may safely be based on the testimony of police witnesses or witnesses of the Directorate of Revenue Intelligence if such testimony inspires confidence. Defending the trial court's judgment, Senior Standing Counsel Digvijay Nath Dubey, appearing for the DRI, argued …

NDPS Act | 'Investigating Agency Cannot Hide Proceedings From Court': Punjab & Haryana High Court Grants Acquittal Over Concealment Of Objection Raised By FSL
11 months, 2 weeks ago

NDPS Act | 'Investigating Agency Cannot Hide Proceedings From Court': Punjab & Haryana High Court Grants Acquittal Over Concealment Of Objection Raised By FSL

Live Law  

The Punjab & Haryana High Court has set aside the conviction in a case under the Narcotic Drugs & Psychotropic Substances Act on the ground that the prosecution concealed from the Trial Court that the objections were raised by the Forensic Lab on the sample sent by the investigating agency.Justice Pankaj Jain said, "Investigating agency can not hide proceedings from …

Former IPS officer Sanjiv Bhatt gets 20 years in jail 1996 drug planting case
11 months, 3 weeks ago

Former IPS officer Sanjiv Bhatt gets 20 years in jail 1996 drug planting case

India TV News  

1996 drug planting case: Former IPS officer Sanjiv Bhatt has been sentenced to 20 years in jail by a sessions court in Palanpur, Gujarat's Banaskantha district, in a case dating back to 1996 involving the planting of drugs to frame a lawyer. Last year, Bhatt approached the Supreme Court, seeking the a transfer of the trial in the drug planting …

Ex-IPS officer Sanjiv Bhatt gets 20 years in jail in 1996 drug planting case
11 months, 3 weeks ago

Ex-IPS officer Sanjiv Bhatt gets 20 years in jail in 1996 drug planting case

Hindustan Times  

Ahmedabad: A special Narcotic Drugs and Psychotropic Substances court in Gujarat’s Banaskantha district on Thursday sentenced former Indian Police Service officer Sanjiv Bhatt to 20 years imprisonment in a 1996 drug planting case. He stated that Bhatt, who is currently serving a twenty-year life imprisonment term in a separate case linked to custodial death, will now face an additional twenty …

Gujarat Court Sentences Ex-IPS Officer Sanjiv Bhatt To 20 Years In Jail In 1996 Drug Planting Case
11 months, 3 weeks ago

Gujarat Court Sentences Ex-IPS Officer Sanjiv Bhatt To 20 Years In Jail In 1996 Drug Planting Case

Live Law  

A Sessions court at Palanpur in Gujarat's Banaskantha district today sentenced former IPS officer Sanjiv Bhatt to 20 years in jail in the 1996 drug-planting case. Additional sessions judge JN Thakkar found him guilty yesterday under Sections 21, 27A, 29, 58 and of the Narcotic Drugs and Psychotropic Substances Act 1985. It may be noted that Bhatt was arrested in …

Gujarat Court Convicts Ex-IPS Officer Sanjiv Bhatt In 1996 Drug-Planting Case
11 months, 3 weeks ago

Gujarat Court Convicts Ex-IPS Officer Sanjiv Bhatt In 1996 Drug-Planting Case

Live Law  

A Sessions court at Palanpur in Gujarat's Banaskantha district today CONVICTED former IPS officer Sanjiv Bhatt in the 1996 drug-planting case. It may be noted that Bhatt was arrested in September 2018 under a direction of the Gujarat HC to the CID to probe the case in which a Rajasthan-based lawyer was framed by the Banaskantha police on the allegations …

[NDPS Act] Must Follow Procedure For Drawing, Storing, Testing & Disposal Of Samples: Kerala HC Grants Bail For Procedural Lapse By Detecting Officer
1 year ago

[NDPS Act] Must Follow Procedure For Drawing, Storing, Testing & Disposal Of Samples: Kerala HC Grants Bail For Procedural Lapse By Detecting Officer

Live Law  

The Kerala High Court has allowed the bail application of an accused whose crime was registered for allegedly possessing narcotics and psychotropic substances in commercial quantity. In the facts of the case, the police officer searched and seized contraband in from two different zip lock bags from the petitioner and pillion rider, and without drawing a representative sample from both …

Non-Explanation Regarding Nonproduction Of Remaining Contraband After Drawing Sample Creates Doubt On Prosecution Case: Kerala HC
1 year ago

Non-Explanation Regarding Nonproduction Of Remaining Contraband After Drawing Sample Creates Doubt On Prosecution Case: Kerala HC

Live Law  

The Kerala High Court allowed an appeal challenging conviction under Section 20 of the Narcotic and Psychotropic Substances Act, for non-compliance with Section 52 of the Act, which requires police officers to certify the inventory of the seized substances by a magistrate.A single judge bench of Justice K Babu remarked that “the intention of the legislature by incorporating. The Kerala …

Should Be Dealt With Iron Hand: Calcutta HC Orders Probe Into Discrepancies Between Quantity Of Drugs In Seizure List & Magistrate's Certificate
1 year ago

Should Be Dealt With Iron Hand: Calcutta HC Orders Probe Into Discrepancies Between Quantity Of Drugs In Seizure List & Magistrate's Certificate

Live Law  

The Calcutta High Court's Circuit Bench at Jalpaiguri has recently ordered the Assistant Director General of Police to conduct a probe into the difference in weight between the drugs seized from the accused, and the weight recorded in the certificate issued by the magistrate under Section 52 of the NDPS Act.A division bench of Justices Harish Tandon and Supratim Bhattacharya. …

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 …

NDPS court acquits two arrested in ‘15kg’ marijuana seizure case
1 year, 7 months ago

NDPS court acquits two arrested in ‘15kg’ marijuana seizure case

Hindustan Times  

MUMBAI: Nearly nine years after being booked for carrying 15kg marijuana, a special court designated under NDPS acquitted a 58-year-old labourer and 37-year-old farmer from Beed. According to the prosecution case, the officials of the Anti Narcotic Cell of the Mumbai police received a tip-off that two persons from Beeb, identified as Ashok Tarte and Bhimrao Karande, were reaching Chheda …

Punjab & Haryana High Court Sets Aside Conviction In Drugs Case, Says Compliance Of Section 50 Of NDPS Act Not Made
1 year, 10 months ago

Punjab & Haryana High Court Sets Aside Conviction In Drugs Case, Says Compliance Of Section 50 Of NDPS Act Not Made

Live Law  

The Punjab and Haryana High Court has observed that since the Narcotic Drugs and Psychotropic Substances Act has provisions for stringent punishment, the standard of investigation is also required to be meeting all those parameters. The court also noted that when a search is made from the body of the accused, compliance of Section 50 NDPS Act is imperative in …

Supreme Court Sets Aside Punishment Imposed On BSF Commandant For Allegedly Allowing Trans-Border Drugs Smuggling
1 year, 11 months ago

Supreme Court Sets Aside Punishment Imposed On BSF Commandant For Allegedly Allowing Trans-Border Drugs Smuggling

Live Law  

The Supreme Court on Thursday set aside the judgement and order of the Punjab & Haryana High Court which upheld the conviction of an Ex-Commandant of BSF under various provisions of BSF Act and NDPS Act, on the ground that there was no direct and cogent evidence against him. Contentions The Counsel appearing for the appellant submitted before the Supreme …

Uttarakhand High Court Acquits Man Over 17 Years After Conviction In NDPS Case, Says Non-Compliance Of Section 50 Sufficient For Acquittal
1 year, 11 months ago

Uttarakhand High Court Acquits Man Over 17 Years After Conviction In NDPS Case, Says Non-Compliance Of Section 50 Sufficient For Acquittal

Live Law  

While acquitting a person who was convicted in 2005 under the NDPS Act, the Uttarakhand High Court said non-compliance of Section 50 of the Act makes sufficient case for acquittal. Justice Alok Kumar Verma said that, “Appellant was not informed of his legal right, therefore, non-compliance of Section 50 of the Act, 1985 makes sufficient case for acquittal.” The judgement …

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 …

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 …

'Carried Highly Explosive Substances & Objectionable Literature': Calcutta HC Upholds Life Sentence Of Pakistani National Arrested On His Way To J&K
2 years, 1 month ago

'Carried Highly Explosive Substances & Objectionable Literature': Calcutta HC Upholds Life Sentence Of Pakistani National Arrested On His Way To J&K

Live Law  

The Calcutta High Court on Wednesday upheld the life sentence awarded to a Pakistani national belonging to terrorist organization Al-Badar, who was found to have entered Indian territory illegally through Bangladesh and was proceeding to Srinagar, Jammu & Kashmir for the purpose of carrying out terrorist activities. On March 15, 2021, Additional Sessions Judge, 1st Fast Track Court, Calcutta had …

HC grants bail to drug accused as cops play truant in trial proceedings
2 years, 2 months ago

HC grants bail to drug accused as cops play truant in trial proceedings

Hindustan Times  

The Punjab and Haryana high court has granted bail to a drug accused from Jhajjar in Haryana as cops who had to depose in the case were not appearing before the trial court to depose as witnesses. The Punjab and Haryana HC has granted bail to a drug accused from Jhajjar in Haryana as cops who had to depose in …

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 …

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 …

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 …

When A Graver Offence Is Added Against An Accused On Bail, Investigation Agency Has Option To Arrest After Seeking Fresh Order From Court: J&K&L HC
2 years, 6 months ago

When A Graver Offence Is Added Against An Accused On Bail, Investigation Agency Has Option To Arrest After Seeking Fresh Order From Court: J&K&L HC

Live Law  

The Jammu and Kashmir and Ladakh High Court recently observed that in a criminal case when a graver offence is added, the accused who is on bail has an option of surrendering before the Court and apply for bail for newly added offence or even the investigating agency, on addition of a graver offence, has an option to proceed to …

NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC
2 years, 6 months ago

NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC

Live Law  

The Delhi High Court has observed that the effect of non-compliance of any mandatory provision under the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Investigating Officer or any irregularity or illegality committed at the time of making of the seizure memo is essentially a matter of trial and cannot be looked into at the stage of bail, unless …

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case
2 years, 6 months ago

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case

Live Law  

Taking into consideration the "agony of trial" faced by the petitioner, who was convicted in a rash and negligent driving case, the Punjab and Haryana High Court has reduced the sentence of 1 year to the period of detention already undergone, i.e., 6 months. The bench comprising Justice Harnaresh Singh Gill relied on the view taken by the Apex Court …

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 …

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 …

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 …

NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court
2 years, 10 months ago

NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court

Live Law  

Dismissing two bail pleas filed by Accused under the Narcotic Drug and Psychotropic Substances Act, the Allahabad High Court has observed a minor discrepancy in the weight of the sample sent to the Forensic Laboratory cannot shake the roots of the prosecution case.The Bench of Justice Krishan Pahal denied bail to the two Accused booked under Sections 8/18/29. Dismissing two …

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