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The Court opined that though the jail authorities had claimed that adequate treatment will be provided to the accused, but considering his condition, he deserves the benefit of granting bail.
The Court held that the trial court should not indulge in a detailed inquiry at the stage of charge framing but should only ascertain whether there are sufficient grounds to proceed based on the police report and prosecution documents.
The Court opined that materials available on records do not suggest that there are reasonable grounds to believe that respondent is not guilty of committing the offences under Sections 20(b)(ii)(C), 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The Court stated that parole enables a prisoner to develop a feeling of self-confidence that there is a life beyond prison and develop a sense of hope and active interest in his life with a view to rehabilitate the prisoner.
“The Court noted the progress in the investigation and directed to release the accuse. However, it was clarified the order shall not be implemented if it is discovered that the accused has any criminal antecedents.”
The applicant who is seeking permission to perform Hajj Pilgrimage, is aged about 73 years, and was sentenced to undergo imprisonment for a period of 11 years 6 months, had already undergone a period of 10 years 3 months in judicial custody, before his sentence was suspended by the Court and has been out on bail for past 13 years, and no adverse report has come on record that he has misused the liberty to granted to him.
Bombay High Court was convinced of the applicant making out a case to believe that he may not have been found in conscious possession of the narcotic substance.
The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.
Supreme Court directed the accused to report to the local Police Station twice in a month, and directed his passport to be deposited with the Investigating Officer /with the Court concerned
For specific facts, the Court said that the entire weight of the material was to be considered to know the total weight of the contraband recovered.
If you are in search of important NDPS Supreme Court judgments, orders of 2023, or for that matter, the judgments and orders of High Courts related to specific aspects of NDPS Act, this blog provides important matters covered in 2023.
The High Court reiterated precedents highlighting that the detaining authority must not make undue and long delay between the prejudicial activities and the passing of detention order, and that Daily Diary Reports must not be vague and bereft of necessary details.
A quick legal roundup to cover important stories from all High Courts this week.
The accused person required special consideration to get proper treatment or to recuperate from her suffering in an environment congenial to her.
Deciding for similar facts, the Supreme Court had granted anticipatory bail, as cited by Punjab and Haryana High Court in the instant matter.
“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.”
Punjab and Haryana High Court set aside conviction due to laches in investigation in NDPS case of recovery of 145 Kg poppy husk.
Rhea Chakraborty and others including her brother Showik Chakraborty were accused of having facilitated the procurement of drugs for consumption by late actor Sushant Singh Rajput.
Supreme Court advised the petitioner to secure appropriate treatment for spinal disorder during the given period of 6 weeks.