Search Results for "Commercial quantity"

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Search Results for "Commercial quantity"

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Supreme Court

Supreme Court Quashes Detention Order Under PIT NDPS Act Due to Non-Application of Mind and Lack of Live Link. Preventive detention order was invalid as detaining authority failed to consider bail status and relied on stale incidents without contemporary material showing continued prejudicial activity under Section 3(1) of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988.

30 Sep 2022

The appeal arose from a preventive detention order under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substanc...

Supreme Court

Supreme Court Upholds Bail for Most Accused in NDPS Cases but Cancels Bail for One Due to Recovery of Commercial Quantities. The Court held that confessional statements under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 are inadmissible and cannot form the basis for bail denial, except where commercial quantities are recovered from the accused's possession.

10 Jan 2022

The Supreme Court dealt with multiple special leave petitions filed by the Narcotic Control Bureau (NCB) challenging bail orders granted by the High C...

Supreme Court

Supreme Court Restores Bail to Accused in NDPS Case Due to Lack of Recovery and Inadmissibility of Confessional Statements. Court Holds That Confessional Statements Under Section 67 NDPS Act Are Inadmissible and That Absence of Contraband Recovery and Inconclusive Test Reports Weigh in Favor of Bail.

13 Dec 2021

The Supreme Court dealt with two special leave petitions arising from a common judgment of the Madras High Court concerning bail under the Narcotic Dr...

Supreme Court

Supreme Court Sets Aside Bail Order in NDPS Act Case Due to Non-Application of Mind and Ignoring Commercial Quantity Recovery. High Court Erred in Granting Bail Without Considering Stringent Conditions Under Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Presumption of Conscious Possession Under Section 54.

22 Sep 2021

The appeal arose from a bail order dated 1 October 2020 passed by a Single Judge at the Lucknow Bench of the High Court of Judicature at Allahabad, wh...

Supreme Court

Supreme Court Partially Allows Appeal in NDPS Act Case by Reducing Sentence from 15 to 12 Years Based on Mitigating Factors. The Court Held That While Imposition of Sentence Higher Than Minimum Under Section 21 of NDPS Act Does Not Require Exclusive Consideration of Section 32B Factors, Quantity of Contraband and Mitigating Circumstances Like Being a First-Time Convict and Carrier Warrant Sentence Reduction.

6 Apr 2021

The appeal arose from a criminal conviction under the Narcotic Drugs and Psychotropic Substances Act, 1985. The appellant, Gurdev Singh, was convicted...

Supreme Court

Supreme Court Upholds Conviction in NDPS Case: Reversal of Acquittal by High Court Sustained. Commercial Quantity of Charas Recovered from Appellants; Complainant as Investigating Officer Not Per Se Biased.

11 Dec 2020

The case pertains to the conviction of Rajesh Dhiman and Gulshan Rana under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (ND...

Supreme Court

Supreme Court Modifies Sentence in NDPS Case Due to Quantity Below Commercial Threshold. Appellant's Sentence Reduced from 10 to 6 Years for Possession of 6.300 kg Ganja Under Section 8(c) and 20(b) of NDPS Act.

3 Dec 2020

The appellant, Issak Nabab Shah, was convicted by the Additional Sessions Judge, Kopargaon, for offences under Section 8(c) and 20(b) of the Narcotic ...

Supreme Court

Supreme Court Upholds Conviction in NDPS Case Despite Acquittal by Trial Court — High Court's Reversal Justified as Trial Court's Findings Were Perverse and Based on Inadmissible Evidence. Conviction can be based on police witnesses alone if credible; non-confrontation of document with witness renders it inadmissible.

26 Oct 2020

The Supreme Court dismissed the appeal of Raveen Kumar, who was convicted under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985...

Supreme Court

Supreme Court Refers to Three-Judge Bench the Question Whether Quantity of Mixture or Pure Drug Content Determines Punishment Under NDPS Act. The Court Held That E. Micheal Raj Requires Reconsideration as It Omitted Note 2 of Notification and the Scheme of the Act Treating Preparations as a Whole.

22 Apr 2020

The Supreme Court, in a reference arising from multiple appeals and writ petitions, considered the correctness of the decision in E. Micheal Raj v. In...

Supreme Court

Supreme Court Upholds Default Bail Under Section 167(2) CrPC Despite Subsequent Filing of Chargesheet. Indefeasible Right Accrues on Expiry of Statutory Period and Filing of Bail Application Before Chargesheet.

13 Mar 2020

The appellant, M. Ravindran, was arrested and remanded to judicial custody on 04.08.2018 for offences under the NDPS Act. Under Section 36A(4) of the ...

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