Case Diary - The Legal Chamber

The Supreme Court set aside the High Court's bail order, holding it failed to properly apply the stringent twin conditions under Section 37 of the NDPS Act. The matter was remitted for fresh consideration, mandating a reasoned assessment of the accused's involvement, statutory compliance, and the substantial quantity of seized contraband before granting bail. Facts Of The Case: The case involves appeals by the Union of India against two bail orders granted to the respondent, Vigin K. Varghese, by the Bombay High Court. The prosecution, initiated by the Directorate of Revenue Intelligence, stemmed from the seizure of approximately 50.232 kilograms of cocaine on October 6-7, 2022. The narcotics were found concealed within a consignment of pears imported from South Africa in the name of M...

The Supreme Court held that under Section 193 CrPC, a Sessions Court is empowered to summon additional accused persons not named in the police report upon committal of a case, as cognizance is taken of the offence—not the offender—and such power is incidental to the court’s original jurisdiction post-committal. This does not amount to taking "fresh cognizance. Facts Of The Case: The case originated from an FIR registered at Police Station Shivali, Kanpur Dehat, concerning the murder and rape of a woman. The initial investigation named one Ajay as the suspect. However, during the probe, the petitioner's name surfaced based on witness statements and an alleged extra-judicial confession. Despite this, the Crime Branch gave the petitioner a clean chit, and a chargesheet was filed solely agai...

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Supreme Court on NDPS Bail: Delay and Custody Can’t Override Statutory Bar for Commercial Quantity

Supreme Court Settles the Law: A Person Not Named in Police Report Can Still Be Summoned to Face Trial