Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29 -- Contraband - Bail in case involving commercial quantity recovered from co-accused - Applicability of rigour of S.37 of the Act - Petitioner was not found in possession and the case against him rests only on co-accused disclosures and call logs - Test of reasonable grounds to deny bail u/s 37 not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 37 -- Contraband - Bail - Statements of co-accused u/s 67 and mere WhatsApp chats or phone call logs without voice recordings or transcripts are insufficient to establish a nexus with drug trafficking and do not satisfy the reasonable-grounds test u/s 37 of the Act - Call logs alone cannot prove a criminal..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47, 48, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Specific grounds and reasons for arrest were communicated to both applicant and his relative - Although separate grounds for arrest were provided to each, there was no mention of quantity of contraband seized from..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 302 -- Bail - Accused was arrested on a warrant - Grounds for arrest were not communicated to relatives of applicant in accordance with law - Arrest stands vitiated and applicant is entitled to be released on bail - Bail granted with conditions...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 47, Constitution of India, 1950, Article 22(1) -- Grounds of arrest not communicated to relatives of accused in writing - Relative of applicant was asked over phone to appear before arresting officer - However, he expressed his unwillingness to appear - Accordingly, grounds of arrest were intimated to him through a WhatsApp..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 21(c), 25, 29 -- Bail - Contraband - Petitioner No.2 along with petitioner No.1 were caught red handed while transporting contraband, which is of commercial quantity and therefore, rigor of S.37 of NDPS would apply with full force - Court not in a..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47 -- Bail - Non-intimation of grounds of arrest to relative of accused in writing - Arrest of applicant was made before date of judgment in Mihir Rajesh Shah case and grounds of arrest were intimated to applicant in writing and to his relative over phone - Mandate to furnish written grounds of arrest to arrestee as..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Petitioner was found along with two other co-accused persons in the truck wherefrom contraband was allegedly seized - He stands on same footing as other two co-accused who have been acquitted - There are reasonable grounds to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Grounds of arrest were not given to applicant at the time of arrest - Fundamental right of applicant u/arts 21, 22(1) of Constitution has been violated and thus his arrest and subsequent remand being illegal stands vitiated - Bail granted...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, 12 -- Second revision petition - Maintainability - Order rejecting bail - First revision arose from rejection of first bail prayer filed while investigation was pending - No doubt, a second bail prayer may have to be considered on new grounds - But, when second bail application was filed,..........
