NDPS Act | Know why Bombay High Court granted bail for commercial quantity of Tramadol
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.
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.
The applicant was an HIV Positive Patient for which she required specialized treatment, thus, the Court decided to release the applicant on bail.
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.
Kerala High Court pointed that the application was filed on 176th day and the impugned orders were passed on the very next day, while the Court still had a few days to decide.
Kerala High Court noted that as against the condition not to involve in any other crime while on bail, the petitioner got involved in a similar crime.
The Supreme Court observed that the petitioner was on a ventilator earlier but was discharged due to non-availability of proper medical treatment in the prison.
by Brijesh Kothary† and Chitrartha Gupta††
Cite as: 2023 SCC OnLine Blog Exp 43