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“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
A regular offender, mastermind, kingpin of “ganja” trade cannot be granted bail if prima facie guilt is established and is likely to commit the same offence when enlarged on bail.
Dismissing the revision petition filed by the petitioner for quashing of the impugned order passed by the Special Judge (NDPS) thereby framing charges under NDPS Act, the Court held that the role of the petitioner is prima facie found in the present case therefore the case appears to be triable and cannot be interfered with at this stage.
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Punjab and Haryana High Court: While deciding the instant appeal, preferred by the appellant against the order of Additional Sessions Judge for
by Yash Vardhan Garu† and Kashish Harwani††
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