NDPS Act Archives | Page 2 of 4

P&H HC| Violation of mandatory provision of Section 42 of the NDPS Act entitles accused to bail even if the recovery is of commercial quantity of contraband

Punajb and Haryana High Court: In a petition filed under section 439 CrPC for grant of regular bail under Sections 22, 25,

Case Briefs High Courts

Gauhati HC | Recovery/seizure of contraband not mandatory; arrest, detention or conviction under NDPS Act can be based on other convincing factors

Gauhati High Court: A bail application under Section 438 of the Criminal Procedure Code, 1973, (CrPC) was denied by Sanjay Kumar Medhi,

Case Briefs High Courts

Guj HC | No Conscious possession; Court upholds acquittal under NDPS Act

Gujarat High Court: The Division Bench of S.H. Vora and Sandeep N. Bhatt, JJ., dismissed an application for special leave to appeal

Case Briefs High Courts

Did Aryan Khan with other two accused hatch a conspiracy to commit offence under NDPS Act? Read Bom HC’s view in bail order with respect to WhatsApp Chats, unlawful intention, etc.

Bombay High Court: While laying down the detailed reasons of bail in the infamous Aryan Khan case, Nitin W. Sambre, J., held

Case Briefs High Courts

P&H HC | Huge recovery of contraband drug, failure to register FIR under NDPS Act; HC senses attempt to protect the offender by the authority; hands over the case to CBI

Punjab and Haryana High Court: Arvind Singh Sangwan, J., came down heavily on State Authorities for discrepancies in investigation of the NDPS

Op Eds OP. ED.

Case Comment: Nabi Alam v. State (Govt. of NCT of Delhi)

by Abhishek Gurawa†

Case Briefs High Courts

MP HC | Possession of cough syrup or medicine containing Codeine Phosphate without valid documents falls under S. 37 of the NDPS Act; Court rejects bail application

Madhya Pradesh High Court: Rajeev Kumar Dubey, J., denied bail to the applicant who was arrested for the offence punishable under Sections

Case Briefs High Courts

Chh HC | Right of default bail under S. 167(2) CrPC cannot be defeated by subsequent filing of charge-sheet on same day

Chhattisgarh High Court: Narendra Kumar Vyas J. allowed the petition and set aside the impugned order. The facts of the case are

Case Briefs

HP HC | Can bail be granted in cases where an accused is a foreign national and cannot furnish local surety in terms of S. 439 Cr PC? HC explains

Himachal Pradesh High Court: Anoop Chitkara, J., granted bail and held that the law under Section 439 CrPC is very clear and

Case Briefs High Courts

Telangana HC | Accused under NDPS Act granted bail in view of peculiar situation of COVID-19 Pandemic

Telangana High Court: G Sri Devi, J. addressed a petition filed under Sections 437 and 439 of Criminal Procedure Code, 1973 to

Case Briefs High Courts

Bom HC | Power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases: FIR against late actor Sushant Singh’s Sister not to be quashed

Bombay High Court: The Division Bench of S.S. Shinde and M.S. Karnik, JJ., found prima facie case against Late actor Sushant Singh

Case Briefs High Courts

P&H HC | Whatsapp messages do not have any evidentiary value in the absence of certificate under S. 65B of Evidence Act; HC states

Punjab and Haryana High Court: In an interesting case regarding regular bail, Jaishree Thakur, J., held that WhatsApp messages do not have

Case Briefs Supreme Court Roundups

2020 Roundup: 11 Constitution bench judgments, 17 judges, Zero dissent

♦ Did you know? In the year 2020, All the Constitution bench verdicts were unanimous with no dissenting opinion. 9 out of

Case Briefs High Courts

J&K HC | Non-applicant cannot be convicted on the statement of co-accused recorded under S. 67 of the NDPS Act, 1985; Application dismissed

Jammu and Kashmir High Court: A Division Bench of Sanjay Dhar and Rajesh Bindal, JJ. while dismissing the present application seeking leave

Case Briefs High Courts

[NDPS] Bom HC | Will the weight of paper containing dried LSD drops of LSD solution be counted while determining its quantity? HC explains

Bombay High Court: Sandeep K. Shinde, J., granted bail to a person from whom LSD drops of LSD solution and charas was recovered

Case Briefs High Courts

J&K HC | Gravity of offence committed or Societal Impacts of the same cannot be the sole ground for rejecting a bail application; Petition allowed

Jammu and Kashmir High Court: Sanjay Dhar J., while allowing the present petition, reiterated the scope and power of the High Court

Case Briefs High Courts

Kar HC | Whether the indefeasible right of an accused to seek compulsive bail under S. 167(2) CrPC is defeated by the unilateral extension of time by the Court; HC elaborates

Karnataka High Court: John Michael Cunha, J., while allowing the present application for bail under Section 439 Criminal Procedure Code, 1973 made

Case Briefs High Courts

Kar HC | ‘In certain cases the first duty of police officer is to arrest accused and collect evidence, and not registration of FIRʼ; Court dismisses bail application pleading procedural irregularities

Karnataka High Court: Sreenivas Harish Kumar, J., while dismissing a criminal petition for enlargement on bail, said, “There are prima facie materials

Case Briefs High Courts

AP HC | Under what conditions can ban for granting bail continue for an offence under NDPS Act? HC reiterates SC’s position in light of S. 37 NDPS Act

Andhra Pradesh High Court: M. Satyanarayana Murthy, J., addressed a petition while reiterating the Supreme Court’s position in regard to Section 37 of

Case Briefs High Courts

Utt HC | Freedom can’t be denied just because a person is poor; Court reduces amount of sureties for bail

Uttaranchal High Court: Ravindra Maithani, J., allowed an application that was made in order to reduce the amount of sureties for bail.