P&H: Grants Bail To Accused In 1.5 Kg Heroin Case Citing 2+ Years’ Incarceration; Trial Delay

Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.21(c), 25, 27-A, 29, 37, Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 — Bail — Contraband — Prolonged incarceration and delay in trial — Petitioner has been in custody for over 2 years and 5 months, only 3 out of...

Narcotic Drugs and Psychotropic Substances Act, 1985, S.37, Criminal Procedure Code, 1973, S.436-A — Bail — Contraband — Constitutional principles must override the statutory embargo contained u/s 37 NDPS Act in cases of inordinate delay and prolonged incarceration — Imperative of Section 436-A applies to...

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483 — Successive bail applications — Maintainability — Accused has a right to make successive applications for grant of bail and while entertaining a subsequent bail application Court must consider the reasons and grounds on which earlier petition was rejected...

Bharatiya Nagarik Suraksha Sanhita, 2023, S.483, Narcotic Drugs and Psychotropic Substances Act, 1985, Ss.21(c), 25, 27-A, 29, 37 — Bail — Contraband — Allegations make out a prima facie case of conscious possession of commercial quantity — However, continued detention of petitioner is not likely...