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NAMIT KUMAR
Amit Arora – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. application for recording challan accepted. (Para 1 , 2) |
| 2. petition for bail regarding drug-related charges. (Para 3 , 4) |
| 3. defendant claims false implication and failure to adhere to ndps act provisions. (Para 5 , 6 , 7 , 8) |
| 4. state's counter-arguments regarding possession of commercial quantities. (Para 9 , 10) |
| 5. legal framework for searches under section 42 of ndps act. (Para 11) |
| 6. importance of compliance with section 42 of ndps act. (Para 12 , 13 , 20) |
| 7. judicial interpretation on non-compliance affecting trials. (Para 14 , 15 , 18 , 19) |
| 8. concessions and precedent on bail due to long custody. (Para 16 , 17 , 22) |
| 9. court orders bail based on various factors including custody period. (Para 23 , 24) |
| 10. final order and conditions of bail. (Para 25 , 26 , 27) |
JUDGMENT :
(Namit Kumar, J.)
CRM-4806 of 2022
1. This application has been filed by the applicant-petitioner under Section 482 Cr.P.C. for placing on record copy of challan under Section 173(2) Cr.P.C. along with consent memo as Annexures P4 and P5.
2. In view of the averments made in the application, same is al
Bail application – Alleged non-compliance of Section 41B of Cr.P.C. – Such technicalities in cases of such nature does not entitle accused to get benefit under NDPS Act, when charged with offences of....
Strict compliance with mandatory provisions of the NDPS Act, such as Section 42, is essential to protect suspects against false implication and ensure fair investigation and trial.
The conveyance of secret information to the superior officer before the raid constitutes compliance with Section 42 of the NDPS Act, and the limitations imposed by Section 37 in bail matters are to b....
Non-compliance of mandatory provisions like Sections 42 and 50 of the N.D.P.S. Act can be considered as a ground for bail if clear from the F.I.R. and not explained by the prosecution.
Strict compliance with the mandatory provisions of Section 42(1) and 42(2) of the NDPS Act is required, and the prosecution must establish the accused's conscious possession of the contraband.
The recovery of contraband from a public place does not require compliance with Section 42 of the NDPS Act, and the presumption of conscious possession under Section 54 places the burden of proof on ....
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