1) Whether the court should grant bail in the case of offences under NDPS Act on the ground of delay?
So far as the 2nd condition re: formation of opinion as to whether there are reasonable grounds to believe that the petitioner is not guilty, the same may not be formed at this stage when he has already spent more than three and a half years in custody. The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act. {Para 4}
IN THE SUPREME COURT OF INDIA
Coram: SURYA KANT; J., DIPANKAR DATTA; J.
Special Leave to Appeal (Crl.) No(s).4169/2023;
RABI PRAKASH Vs THE STATE OF ODISHA
Dated: 13-07-2023.
https://www.lawweb.in/2024/05/whether-court-should-grant-bail-in-case.html
2) Supreme Court: Mandate Of Section 52A NDPS Act Has To Be Duly Complied Before Disposal/Destruction Of Seized Narcotic Substances
Section 52A of the NDPS Act is a mandatory Rule of evidence which requires the physical presence of a Magistrate followed by an order facilitating his approval either for certifying an inventory or for a photograph taken apart from list of samples drawn.
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1651 of 2023
Decided On: 12.07.2023
Mangilal Vs. The State of Madhya Pradesh
Hon'ble Judges/Coram:
A.S. Bopanna and M.M. Sundresh, JJ.
Author: M.M. Sundresh, J.
Citation: MANU/SC/0780/2023.
https://www.lawweb.in/2024/03/supreme-court-mandate-of-section-52a.html
3) Whether accused is entitled to be released on bail in offence Under NDPS Act on the ground of delay?
The general principle governing delay would apply to these categories also. To make it clear, the provision contained in Section 436A of the Code would apply to the Special Acts also in the absence of any specific provision. For example, the rigor as provided Under Section 37 of the NDPS Act would not come in the way in such a case as we are dealing with the liberty of a person. We do feel that more the rigor, the quicker the adjudication ought to be. After all, in these types of cases number of witnesses would be very less and there may not be any justification for prolonging the trial. Perhaps there is a need to comply with the directions of this Court to expedite the process and also a stricter compliance of Section 309 of the Code. {Para 64}
IN THE SUPREME COURT OF INDIA
Miscellaneous Application No. 1849 of 2021 in Special Leave Petition (Crl.) No. 5191 of 2021
Satender Kumar Antil Vs. Central Bureau of Investigation and Ors.
Hon'ble Judges/Coram:
Sanjay Kishan Kaul and M.M. Sundresh, JJ.
Author: M.M. Sundresh, J.
Decided On: 11.07.2022
Citation: MANU/SC/0851/2022.
https://www.lawweb.in/2024/02/whether-accused-is-entitled-to-be.html
4) Whether accused is entitled to be released on anticipatory bail if there is discrepancy in description of seized Ganja in the complaint and in the report of analyst?
The discrepancy in what was seized and what was analyzed, prima-facie satisfy me that there are reasonable grounds for believing that the Applicant is not guilty of offences of dealing in commercial quantity and in absence of any antecedent he is not likely to commit any offence on bail.
In the High Court of Bombay
(Before Bharati Dangre, J.)
Kunal Dattu Kadu Vs Union of India
Anticipatory Bail Application No. 2173 of 2022
Decided on August 29, 2022
Citation: 2022 SCC OnLine Bom 1770.
https://www.lawweb.in/2024/01/whether-accused-is-entitled-to-be.html
5) Whether Special Court Can Order FIR Against Investigating Officer For Failure To File Chargesheet Within 180 Days U/ S 59 of NDPS Act?
It needs to be stated that as and when it is found by any Court at any stage of proceeding that the actionable wrong within the meaning of Section 59 of the N.D.P.S. Act has been committed then in that event it has
to be approached and dealt with firmly by initiating an
appropriate action. In this view of the matter, I do not see any substance in the revision. The same is accordingly dismissed.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL REVISION APPLICATION NO.106 OF 2022
Ashish Devidas Morkhade Vs State of Maharashtra
CORAM : G. A. SANAP, J.
DATE:- 21/04/2023.
https://www.lawweb.in/2023/05/whether-special-court-can-order-fir.html
6) Whether the court can release the accused on default bail If chargesheet is filed without CA report in NDPS Act?
The satisfaction of investigating officer/members of raiding party during seizure of contraband that what is recovered is Narcotic drug/Psychotropic substance or controlled substance cannot be doubted at this stage. The purpose of submission of the police report with the details is to enable the Court to satisfy whether on the basis of report and the material filed along with report, case for taking cognizance has been made out or not. In the light of observations in several decisions referred hereinabove, the police report or charge-sheet containing the details specified under Section 173(2) of the Code is filed within prescribed period, default bail cannot be granted.
{Para 37}
IN THE HIGH COURT OF BOMBAY
BAIL APPLICATION NO. 301 OF 2020
Date of Order: 31.01.2022
Navinkumar Pandu Jatot Vs. State of Maharashtra
Hon'ble Judges/Coram:
Prakash D. Naik, J.
Citation: MANU/MHOR/14738/2022.
https://www.lawweb.in/2022/12/whether-court-can-release-accused-on_24.html
7) Supreme Court: Neutral Substance Quantity Cannot Be Ignored While Labelling Contraband Recovered As Small Or Commercial' Quantity
Narcotic Drugs and Psychotropic Substances Act, 1985; Section 21 - The quantity of neutral substance(s) is not to be excluded and to be taken into consideration along with actual content by weight of the offending drug, while determining the "small or commercial quantity" of the Narcotic Drugs or Psychotropic Substances.
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
Criminal Appeal No. 1726/2019;
INTELLIGENCE OFFICER, THIRUVANANTAPURAM Vs NAUSHAD K.K. & ORS.
Coram:SANJAY KISHAN KAUL; J., ABHAY S. OKA; J.
Dated: 17th November, 2022
https://www.lawweb.in/2022/12/supreme-court-neutral-substance.html
7) Whether the court should release accused on bail if there is non compliance of S 42 and 50 of NDPS Act?
A simple reading of the same would show that the applicant was not apprised of his right under Section 50 of the NDPS Act to be searched "only" before a Gazetted Officer or a Magistrate as mandated by Hon'ble Apex Court in Vijaysinh Chandubha Jadeja's case (Supra). {Para 14}
15. In view of above, I do not agree with the contention of learned APP that there was due compliance of Sections 42 and 50 of the NDPS Act, inasmuch as search and recovery made from the applicant of the alleged contraband (cocaine) does not satisfy the mandatory requirement of provision as held by the Hon'ble Apex Court in Vijaysinh Chandubha Jadeja.
16. In view of above, I hold that the applicant has made out a case for bail.
IN THE HIGH COURT OF BOMBAY
Criminal Bail Application No. 2295 of 2021
Decided On: 20.01.2022
Sholadoye Samuel Joy Vs. The State of Maharashtra
Hon'ble Judges/Coram:
V.G. Bisht, J.
Citation: MANU/MH/0221/2022.
https://www.lawweb.in/2022/08/whether-court-should-release-accused-on.html
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