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NAMIT KUMAR
Amit Arora – Appellant
Versus
State of Punjab – Respondent
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 allowed. Annexures P4 and P5 are taken on record subject to all just exceptions.
CRM-M-46900 of 2021
3. This petition has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No.110 dated 26.07.2021 under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, registered at Police Station Special Task Force, District STF Wing.
4. Brief facts of the case are that a secret information was received that petitioner-Amit Arora, who is running a chemist shop in the name of Kashish Medicose alongwith his friend Naveen Saini is involved in dealing with prohibited contraband and intoxicated tablets. Both, petitioner-Amit Arora and Naveen saini were coming on their car Alto bearing No.PB-10-GB-9198 as they are traveling to supply the s
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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