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Criminal law

REGINAMARY CHELLAMANI versus STATE REP BY SUPERINTENDENT OF CUSTOMS

Given the appellant's prolonged incarceration of over four years and the fact that an identically situated accused who travelled with her on the same flight had been granted bail by this Court, the Court granted bail to the appellant on stringent terms; additionally the Court directed that trial courts must inform accused of their right to legal representation and record offers of legal aid before witness examination.

Source excerpt

  • Bail
  • Right to legal representation
  • Free legal aid
  • Contraband seizure
  • Length of incarceration
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Preventive detention

ROSHNI DEVI versus THE STATE OF TELANGANA AND OTHERS

The detention order was quashed because the detaining authority failed to record material showing how the detenu's conduct prejudiced maintenance of public order; mere registration of three NDPS offences and an apprehension of reoffending, without showing how the narcotic posed danger to public health or without considering ordinary remedies such as bail cancellation, was insufficient to justify preventive detention under the Act of 1986.

Source excerpt

  • Preventive detention
  • Drug offender
  • Public order
  • Law and order
  • Subjective satisfaction
  • Extraneous considerations
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Criminal law

KAILAS S/O BAJIRAO PAWAR versus THE STATE OF MAHARASHTRA

High Court's direction for a re-trial was not sustainable: the video CD was admissible once Section 65B requirements were satisfied and playing it during each witness's deposition or reducing it to a transcript was not a legal precondition for admissibility; non-examination of the Chemical Examiner did not render the CA report inadmissible given Section 293 CrPC; non-production of remnant or representative samples was not necessarily fatal where inventory, sealed samples and FSL report existed and the appellate court could take additional evidence under Section 391 CrPC; accordingly the High…

Source excerpt

  • Re-trial
  • Search and seizure
  • Admissibility of electronic evidence (section 65b)
  • Chemical examiner report (section 293 crpc)
  • Production of seized contraband and samples
  • Section 52-a ndps inventory and samples
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Criminal law

NARCOTIC CONTROL BUREAU versus LAKHWINDER SINGH

The appellate court can, on merits, grant suspension of sentence and bail pending an appeal against conviction under the NDPS Act even if the accused has not undergone half the sentence, particularly where the accused has undergone a substantial part of the sentence and the appeal is not likely to be heard before completion of the sentence; Section 37 constrains but does not preclude such relief where Article 21 would otherwise be violated.

Source excerpt

  • Suspension of sentence
  • Bail pending appeal
  • Article 21 – right to life and personal liberty
  • Section 37 ndps act constraints
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Criminal law

BHARAT AAMBALE versus THE STATE OF CHHATTISGARH

On the facts the Court found no material procedural lapse under Section 52A and held that even if procedural non-compliance is alleged the trial is not automatically vitiated. The accused must first establish foundational facts of non-compliance on a preponderance of probabilities; thereafter the prosecution must prove substantial compliance or that the non-compliance did not affect its case beyond reasonable doubt. Certified inventories, photographs and samples prepared in substantial compliance with Section 52A and the Rules/Standing Orders must be treated as primary evidence under Section…

Source excerpt

  • Section 52a ndps act
  • Seizure and sampling
  • Burden of proof
  • Primary evidence
  • Procedural compliance
  • Inventory and photographs
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Criminal law

ANKUSH VIPAN KAPOOR versus NATIONAL INVESTIGATION AGENCY

Section 8 of the NIA Act must be read in continuation of Section 6(5); while investigating Scheduled Offences (e.g. UAPA ss.17,18) the NIA may investigate other offences and other accused whose offences are connected with the Scheduled Offence, and the Central Government may direct such investigation on the basis of NIA reports; consequently the impugned orders directing NIA to investigate the Punjab NDPS FIRs in continuation of the Gujarat UAPA-linked investigation were valid and the petitions fail.

Source excerpt

  • Section 8 nia act interpretation
  • Section 6(5) nia act suo motu powers
  • Connection between scheduled and non-scheduled offences
  • Interpretation of the expression "the accused" in s.8
  • Cancellation of bail
  • Transfer of trial to special court
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Constitutional law

THE STATE OF MANIPUR & ORS versus BUYAMAYUM ABDUL HANAN @ ANAND & ANR.

Refusal to supply, or supplying blurred or illegible copies of, the documents relied upon by the detaining authority deprives the detenu of the ability to make an effective representation under Article 22(5) and renders the detention order illegal; where the detenu alleges non-supply or illegibility and the fact remains uncontroverted on the record, the High Court rightly set aside the detention order even if the objection was not raised before the detaining authority.

Source excerpt

  • Article 22(5) right to make representation
  • Supply and legibility of documents relied upon by detaining authority
  • Procedural fairness in preventive detention
  • Judicial review under article 226
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Preventive detention

SUSHANTA KUMAR BANIK versus STATE OF TRIPURA & ORS.

The detention order dated 12.11.2021 was quashed because (a) there was an almost five-month unexplained delay between the initial proposal (28.06.2021) and the detention order, which severed the necessary live and proximate link between alleged prejudicial activities and the preventive purpose, and (b) vital material was withheld from the detaining authority—specifically that the detenu had been released on bail in the NDPS cases—which vitiated the subjective satisfaction prerequisite for a valid detention order.

Source excerpt

  • Section 3(1) pit ndps act
  • Section 37 ndps act, 1985
  • Delay in detention orders
  • Withholding material facts from detaining authority
  • Subjective satisfaction for detention
  • Release on bail
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Criminal law

NARCOTICS CONTROL BUREAU versus MOHIT AGGARWAL

While confessional statements under Section 67 NDPS Act are inadmissible and must be excluded, the court must still apply the strict conditions of Section 37; on the facts, even excluding Section 67 statements, circumstantial evidence (disclosures leading to large recoveries and CDRs showing communications) meant the High Court could not be satisfied there were reasonable grounds to believe the respondent was not guilty, and therefore bail under Section 37 was improperly granted; the High Court order granting post-arrest bail was quashed.

Source excerpt

  • Section 37 ndps act
  • Post-arrest bail
  • Admissibility of confessional statements under section 67 ndps act
  • Circumstantial evidence and disclosure leading to recovery
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Criminal law

UNION OF INDIA versus PRATEEK SHUKLA

The High Court failed to apply the legal norms mandated by Section 37 of the NDPS Act and did not judicially apply its mind to the seriousness of the allegations; therefore the bail granted on 7 May 2019 was a misapplication of law and is to be set aside and cancelled.

Source excerpt

  • Bail
  • Section 37 ndps act
  • Diversion of controlled substance
  • Application of mind by court
  • Cancellation of bail
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.