Case Comment: Nabi Alam v. State (Govt. of NCT of Delhi)
by Abhishek Gurawa†
NDPS Act
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
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
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
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
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
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
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
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
[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
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
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
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
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
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.
Rhea Chakraborty taken into Judicial Custody by Narcotics Control Bureau [Explainer of NDPS Sections charged]
Narcotics Control Bureau (NCB) had sought 14 days Judicial Custody of Actress Rhea Chakraborty for being involved in the procurement and distribution
Ori HC | ‘Default Bail’ granted under S. 167(2) CrPC in case of non-compliance of notice under S. 36 A (4) NDPS Act
Orissa High Court: S.K. Panigrahi J., granted bail on grounds of non-service of notice on the accused which is violative of the
P&H HC | Mere framing of charge alone is not sufficient ground for grant of bail, application dismissed
Punjab and Haryana High Court: Harnaresh Singh Gill, J., rejected the bail application filed by the applicant-accused in connection with the FIR
J&K HC | “No doubt gravity of offence is relevant factor for deciding bail application but period of detention is also pertinent factor”: Bail granted to accused under NDPS Act
Jammu and Kashmir High Court: Rajnesh Oswal, J. allowed the application and enlarged the applicants on bail. The applicants in the instant