Bringing you the Best Analytical Legal News
“Such individuals, who were involved in trafficking even modest amounts of contraband, were akin to termites eroding the fabric of society. It is imperative that in such cases, the Court takes a firm and resolute stance, addressing them with the utmost severity to curb this insidious menace.”
The Supreme Court overturned the Rajasthan High Court’s decision, wherein his bail application was dismissed.
The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.
“The quantity of contraband assumes relevance as quantum of sentence to be awarded for an offence of possessing/transporting contraband committed under the NDPS Act is dependent on the fact whether the quantity of such contraband is small quantity, commercial quantity or intermediate quantity.”
Considering the huge quantity of contraband seized and progress of trial, the Court refused to grant bail.
The accused had spent nearly 6 years and 2 months in jail, which is more than half the period of punishment for the offences he was charged with.
“Prima facie the search and seizure, which is in contravention of the mandatory provisions of Section 42 of the NDPS Act prima facie makes the recovery doubtful.”
Kerala High Court viewed that the conviction and sentence passed by the lower courts suffered from illegality and could not be sustained.
The Court said that it prima facie seems that the petitioner was merely acting as a trader and was not in the conscious possession of the contraband hidden in the consignment.
Delhi Court observed that as per the series of events, the accused was made a scapegoat in case things did not work out as planned.
Delhi Court observed that in the absence of any evidence to link the accused persons with contraband recovered in Australia, the bar of section 37 NDPS Act stands lifted.
Punjab and Haryana High Court: While deciding the instant appeal, preferred by the appellant against the order of Additional Sessions Judge for
Bombay High Court: Bharati Dangre, J. directed to release a Nigerian National on bail who was arrested in 2020 under the Narcotic
Punajb and Haryana High Court: In a petition filed under section 439 CrPC for grant of regular bail under Sections 22, 25,
Gujarat High Court: The Division Bench of S.H. Vora and Sandeep N. Bhatt, JJ., dismissed an application for special leave to appeal
Tripura High Court: S.G. Chattopadhyay, J., rejected a bail application which was filed for releasing the accused on bail who had been
Delhi High Court: Chandra Dhari Singh, J., granted bail to an accused on being satisfied with “reasonable grounds” as per Section 37
Calcutta High Court: The Division Bench of Bibhas Ranjan De and Debangsu Basak, JJ., while addressing a bail application in a case
Dwarka Courts, New Delhi: Deepak Wason, Special Judge (NDPS)five applications under Section 439 CrPC for grant of bail. Counsels for the accused
Punjab and Haryana High Court: Anupinder Singh Grewal, J., granted bail to the person accused of carrying 1.6 kg of ganja on