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

3Feb

By The Legal ChamberNo Comments

Supreme Court

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

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...

Co-accused’s Acquittal Leads to Supreme Court Setting Aside Another’s Conviction

Based on the principle of parity, the Supreme Court acquitted the appellant. The Court held that when a co-accused, prosecuted on identical evidence in a joint trial, is acquitted and the State does not challenge it, sustaining the conviction of the remaining accused would be unjust and inequitable. Facts Of The Case: On January 1, 2002, the State Task Force officials near Dayamani Restaurant, Kathipudi, noticed two women, the appellant Vaddi Ratnam (Accused No.2) and Nerella Vijaya Lakshmi (Accused No.1). Upon seeing the officials, the co-accused handed a yellow handbag to the appellant, after which both attempted to flee but were apprehended. A search of the bag revealed six packets containing a total of 5.5 kilograms of opium. The accused confessed to being involved in the opium trade...

Supreme Court Reinstates Drug Case: Acquittal Based on “Same Informant-Investigator” Rule Overturned

The Supreme Court held that an investigation is not automatically vitiated solely because the informant and investigator are the same. This procedural irregularity must be examined on a case-specific basis for bias. The Court overruled the contrary precedent in Mohan Lal and restored the matter for a merits-based hearing. Facts Of The Case: Based on the secret information received on September 20, 2009, police intercepted a truck. The respondent, Gurnam @ Gama, was found sitting on a stack of bags in the cargo area, while the other respondent, Jaswinder Singh, was driving the vehicle. Upon search, the authorities recovered a significant quantity of 750 kilograms of poppy husk along with two motorcycles. Consequently, FIR No. 221 of 2009 was registered under the relevant sections of the N...