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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 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 Cancellation of Default Bail in NDPS Case Due to Prior Filing of Combined Complaint. The right to default bail under Section 167(2) CrPC is extinguished once a complaint is filed within the statutory period, even if the court granting bail is unaware of such filing.

1 Jan 2020

The Supreme Court dismissed three appeals challenging the High Court's order cancelling default bail granted to the appellants under Section 167(2) Cr...

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