Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Accusation of Narcotic and Psychotropic Substances: Multiple cases involve the seizure of quantities of drugs such as Alprazolam, Nitrazepam, Tramadol, Spasmoproxyvon Plus, and various cough syrups, often in quantities exceeding personal use, indicating involvement in illegal trafficking or sale. For example, total 2625 Alprazolam tablets (weighing 262.5 grams) and other quantities of Nitrazepam and Spasmo Proxyvon Plus capsules were seized from co-accused ["IND_HC_CGHC010234862023"], ["IND_HC_CGHC010234862023"].
Legal Proceedings and Bail Considerations: Many accused have been in jail for extended periods (e.g., accused in jail since 38 days or since 2021/2022), with courts often considering bail based on the quantity of contraband, criminal history, and procedural compliance. Several applicants argue for bail citing lesser quantities (16 gm alprazolam powder and 40 gm of Spasmoproxyvon Plus) or procedural lapses, such as search and seizure not being properly conducted ["IND_HC_CGHC010234862023"], ["GODAVRI PATRE vs STATE OF CHHATTISGARH - Chhattisgarh"].
Quantity and Nature of Seized Drugs: Courts frequently evaluate whether the seized quantities are commercial or intermediate, influencing bail decisions. For instance, a total of 2960 mg of Nitrazepam Tablet IP and 300 mg of Alprazolam Tablet IP are considered less than commercial quantities, favoring bail ["GODAVRI PATRE vs STATE OF CHHATTISGARH - Chhattisgarh"].
Procedural and Evidentiary Issues: Several cases mention procedural irregularities, such as search and seizure not being properly conducted ["IND_HC_CGHC010234862023"], or reliance on co-accused statements without direct seizure from the accused ["IND_HC_CGHC010234862023"]. Courts often weigh these factors when granting bail.
Health and Other Considerations: Some accused suffering from medical conditions (e.g., piles) have sought bail on humanitarian grounds, with courts examining medical reports and jail conditions ["BABUJI SAHU @ FAUJI Vs THE STATE (GOVT. OF NCT DELHI) - Delhi"], ["Babuji Sahu @ Fauji vs State (Govt. of NCT Delhi) - Delhi"].
Conclusion: The primary factors influencing bail include the quantity of drugs (usually below commercial thresholds), procedural compliance, the accused’s criminal history, and health issues. Many accused, including those accused of possessing 40 tablets of Etimizol 25mg, are in jail for prolonged periods, with courts often favoring bail when quantities are small and procedural lapses are evident, provided the accused do not pose a flight risk or threat to public safety.
References:- ["IND_HC_CGHC010234862023"]- ["IND_HC_CGHC010234862023"]- ["IND_HC_CGHC010234862023"]- ["GODAVRI PATRE vs STATE OF CHHATTISGARH - Chhattisgarh"]- ["IND_HC_CGHC010234862023"]- ["ANKIT MISHRA vs STATE OF CHHATTISGARH - Chhattisgarh"]- ["IND_HC_CGHC010234862023"]- ["IND_HC_CGHC010234862023"]- ["Harish Kumar VS State Of Himachal Pradesh - Himachal Pradesh"]- ["Tikam @ Tilak @ Ajay @ Raju S/o Devdas Vaishnav VS State of Chhattisgarh, Through Police Station Gaindatola, Tahsil and District Rajnandgaon (CG) - Chhattisgarh"]- ["IND_HC_CGHC010234862023"]- ["Ankit Singh Gond VS State Of Madhya Pradesh - Madhya Pradesh"]- ["IND_HC_CGHC010234862023"]- ["SAGAR BANJARE VS STATE OF CHHATTISGARH - Chhattisgarh"]- ["BABUJI SAHU @ FAUJI Vs THE STATE (GOVT. OF NCT DELHI) - Delhi"]- ["Babuji Sahu @ Fauji vs State (Govt. of NCT Delhi) - Delhi"]
Main points and insights:- Accused are often detained for possession of small to intermediate quantities of drugs or medicines, with many cases involving specific medications like Alprazolam, Nitrazepam, and cough syrups.- Courts assess whether the quantities are for personal use or trafficking, impacting bail decisions.- Procedural irregularities in search and seizure, or reliance on co-accused statements without direct seizure, influence bail grants.- Medical conditions and humanitarian grounds are considered for bail in some cases.- Overall, bail is frequently granted when quantities are below commercial levels, and procedural issues are present, even after extended detention periods.
In the realm of criminal law, particularly drug-related offenses, questions about detention periods and possession legality often arise. Imagine this scenario: an accused person has been held in jail for 38 days over the possession of 40 tablets of Etimizol (25mg each). Is this detention lawful? What does the law say about drug possession without a license, and how does prior jail time factor into sentencing? This blog post dives deep into these issues, drawing from key legal principles under the Narcotic Drugs and Psychotropic Substances (NDPS) Act and the Code of Criminal Procedure (CrPC), 1973.
We'll analyze the case, reference statutory limits, and incorporate insights from similar judgments to provide a clear, informative overview. Note: This is general information based on legal precedents and not specific legal advice. Consult a qualified lawyer for personalized guidance.
Etimizol, a psychotropic substance similar to drugs like Diazepam or Alprazolam, is not explicitly detailed in the provided core documents but falls under scrutiny akin to controlled substances. Possession of such drugs without a valid license is generally punishable under the NDPS Act. As noted, The possession of certain drugs, such as Diazepam, without a valid license is punishable under the NDPS Act Baljit Singh VS Financial Commissioner, Revenue, Punjab - 2003 0 Supreme(P&H) 770.
The legality hinges on authorization: if unlicensed, possession may attract penalties. In this case, 40 tablets of Etimizol 25mg raise questions about commercial quantity thresholds, procedural compliance in seizure (e.g., sampling and inventory), and evidence admissibility. Proper procedures are crucial: The recovery of drugs must follow proper procedures, including sampling and inventory, to ensure legality and admissibility of evidence Harjit Singh VS State of Punjab - 2017 0 Supreme(P&H) 1504.
Other cases highlight similar recoveries. For instance, recoveries of 40 tablets of Tydol 100mg or Alprazolam tablets (16gm powder + 40gm tablets) have led to NDPS charges, often below commercial quantities, influencing bail considerations MOHD. ILIYAM Vs StateJune Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13782.
Under Indian law, pre-trial detention is strictly regulated to protect accused rights. Section 428 CrPC allows set-off of detention undergone during investigation, inquiry, or trial against the final sentence: Under Section 428 of the Criminal Procedure Code, 1973, the period of detention undergone by an accused during investigation, inquiry, or trial can be set off against the sentence of imprisonment awarded State of Uttar Pradesh VS Tribhuwan - 2017 0 Supreme(SC) 1062. If the sentence is fully covered by prior detention, no further jail time is needed.
Statutory limits apply:- 90 days for offenses punishable with death, life imprisonment, or ≥10 years.- 60 days for other offenses State of Uttar Pradesh VS Tribhuwan - 2017 0 Supreme(SC) 1062.
For drug offenses, investigation detention can extend to 90 days if punishable by ≥10 years Rakesh Kumar Paul VS State of Assam - 2018 3 Supreme 407. Here, 38 days is well within the 60-day limit for lesser offenses, assuming no irregularities. However, exceeding limits without proceedings renders detention illegal: If the accused is in jail for a period longer than the statutory limit without proper proceedings, such detention may be challenged as illegal Mantoo Majumdar VS State Of Bihar - 1980 0 Supreme(SC) 102.
The accused's 38-day jail stint for 40 Etimizol tablets appears compliant, provided:- Possession was unlicensed (triggering NDPS).- Seizure followed protocols.- Detention stayed within limits.
The period of 38 days is well within the general statutory limit of 60 days for offences punishable with less than 10 years imprisonment (from analysis). Courts emphasize procedural safeguards; non-compliance could challenge evidence or detention.
In practice, bails are granted in analogous low-quantity cases. For example:- Bail allowed for 21g Lorazepam (NRx 30 tablets) after judicial custody since 22.02.2022 NARSI GADHWAL @ NARESH vs STATE OF RAJASTHAN.- Applicant with 16gm Alprazolam powder + 40gm tablets (below commercial qty), in jail since 23.11.2021, sought bail citing no criminal history MOHD. ILIYAM Vs State.- 40 Tydol tablets (10.4g) + other items led to seizure, but context implies bail considerations June Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G.K. ILANTHIRAIYAN CRIMINAL ORIGINAL PETITION No.13782.
These underscore that quantity, prior detention, and clean records favor bail or set-off.
Broader precedents reinforce reformative justice. Sentences are often reduced to time served: The accused-appellant is in jail for substantial period w.e.f. 04.02.2020 and as such he has been in jail since more than 9 months... sentence is reduced by period already undergone Dayaram VS State of U. P. - 2020 Supreme(All) 1386. This aligns with Section 428 CrPC.
In NDPS-like scenarios, confessions under Section 67 NDPS are inadmissible: the statement made by the accused under Section 67 of the NDPS Act, 1985 is not an admissible evidence PREMJIT PAUL vs THE STATE OF ASSAM. Evidence must be robust.
Other cases show leniency for extended detention:- Accused in jail >9 months; sentence reduced to time served for reformative purposes Dayaram VS State of U. P. - 2020 Supreme(All) 1386.- Bail for cough syrup and tablet seizures after applications SANJAY CHOUDHARY vs STATE OF CHHATTISGARH.
Even in non-drug cases, prolonged detention prompts relief: looking to the detention of the accused-appellant in jail, no harm will be caused and the purpose of justice will be served Dayaram VS State of U. P. - 2020 Supreme(All) 1386.
Key to any case:1. Licensing Check: No license? Punishable Baljit Singh VS Financial Commissioner, Revenue, Punjab - 2003 0 Supreme(P&H) 770.2. Seizure Protocols: Sampling, witnesses essential Harjit Singh VS State of Punjab - 2017 0 Supreme(P&H) 1504.3. Detention Monitoring: Avoid illegal overstay Mantoo Majumdar VS State Of Bihar - 1980 0 Supreme(SC) 102.4. Set-Off Benefit: Automatic credit if lawful State of Uttar Pradesh VS Tribhuwan - 2017 0 Supreme(SC) 1062.
Public witnesses' absence can weaken prosecution, as in Alprazolam recovery cases MOHD. ILIYAM Vs State.
The 38-day detention for 40 Etimizol 25mg tablets is typically lawful under CrPC and NDPS frameworks, assuming procedural compliance and offenses below high-punishment thresholds. The period qualifies for set-off against any sentence, promoting fairness.
Key Takeaways:- Detention Limits: 60/90 days max; challenge excesses State of Uttar Pradesh VS Tribhuwan - 2017 0 Supreme(SC) 1062Mantoo Majumdar VS State Of Bihar - 1980 0 Supreme(SC) 102.- Drug Possession: License critical; small quantities may aid bail Baljit Singh VS Financial Commissioner, Revenue, Punjab - 2003 0 Supreme(P&H) 770.- Set-Off Rights: Jail time counts toward sentence State of Uttar Pradesh VS Tribhuwan - 2017 0 Supreme(SC) 1062.- Bail Prospects: Favorable in low-quantity, clean-record cases (e.g., 40 tablets scenarios).
Stay informed, but for case-specifics, seek professional legal counsel. Indian courts balance punishment with rights, ensuring justice isn't delayed.
References:- State of Uttar Pradesh VS Tribhuwan - 2017 0 Supreme(SC) 1062, Rakesh Kumar Paul VS State of Assam - 2018 3 Supreme 407, Mantoo Majumdar VS State Of Bihar - 1980 0 Supreme(SC) 102, Baljit Singh VS Financial Commissioner, Revenue, Punjab - 2003 0 Supreme(P&H) 770, Harjit Singh VS State of Punjab - 2017 0 Supreme(P&H) 1504- Various High Court cases like MOHD. ILIYAM Vs State, NARSI GADHWAL @ NARESH vs STATE OF RAJASTHAN
#NDPSAct #DrugPossessionLaw #CrPCDetention
08/2025, MRP Rs. 40.13/-, per 10 tablets. ... Brand name- Zolam 0.25, Composition- Alprazolam Tablets 1.P. 0.25mg, bearing B.No- C23A485, Mfg 04/2022, Exp-03/2025, MRP-Rs. 19.16/-, per 10 tablets. ... vi. 9 Nos tablet stripes, color- Blue, each containing 10 nos of tablet. ... State of Tamil Nadu, reported in (2021) 4 SCC 1 the statement made by the accused under Section 67 of the NDPS Act, 1985 is not an admissible evidence and the same may not be used in any manner against the petitioner. ... v. 02 ....
Tydol 100 mg (40 tablet), 10.4g, Spasmoproxyvon Plus (320 tablets) 198.4 g (totally 208.8 gm) starile water bottle 500MI-3, disposable syringe-30, disposable needles-40, which were seized. Hence, the case. ... -40 and they were seized. ... Tydol 100 mg (40 tablet), 10.4g, Spasmoproxyvon Plus (320 tablets) 198.4 g (totally 208.8 gm) starile water bottle 500MI- https://hcservices.ecourts.gov.in/hcservices/ 3, disposable syringe-30, disposable needles ... It is seen ....
(At present lodged at Sub Jail, Nohar) prosecution, 21 grams of Lorazepam tablets [(NRx 30 Tablet ... No. 40/2022, Police Station Pallu, District Hanumangarh, shall be released on bail, if not Hanumangarh, registered for the offences punishable under petitioner is in judicial custody since 22.02.2022; and that further p style="position:absolute;white-space:pre;margin
300 mg of Alprajolam Tablet IP from the possession of the co-accused person. ... The applicant is in jail since 26.09.2024. The conclusion of the trial is likely to take some time, therefore, she prays for grant of bail. 4. ... On the other hand, the learned counsel for the State opposes the bail application and submits that a total of 2960 mg of Nitrajepam Tablet IP Nitrasen R, and total 300 mg of Alprajolam Tablet IP has been seized. ... Thereafter, the co-accused was arrested and th....
There is allegation of recovery of 16 gm alprazolam power and 40 gm of alprazolam tablet have been found from the possession of applicant which is below commercial quantity. ... tablet and there is no public witness of the alleged recovery. ... The applicant is languishing in jail since 23.11.2021. He has no criminal history to his credit. In case he is enlarged on bail, he will not misuse the liberty of bail. ... It implies substantial probable causes for believing that accused ....
(weighing 262.5 grams) and Alprazolem tablet I.P 0.5 mg Becalm (weighing 27 grams) tablets total 225 tablet, nitrazepam tablets I.P Nitrosun 10 total 355 (weighing 195.25 grams) collectively weighting around 484.75 gms from the possession of co accused persons. ... Alprazolam Tablet I.P 0.5 mg Anzilum 0.5 mg total 2625 tablets (weighing 262.5 grams) and Alprazolem tablet I.P 0.5 mg Becalm (weighing 27 grams) tablets total 225 tablet, nitrazepam tablets I.P Nitrosun 10 total 355 (weighi....
total 40 of secret information, police personnel have seized total 1300 ml of 13 bottle onrex cough syrup, 4 strip of nitrogen-10 tablet ... The accused/applicants have moved this first bail application documents of the applicant namely Sohel Ali and the applicants are in jail ... Accused/applicants are directed to be released on bail on their executing
In the instant case the CPIO kept the RIT- application with him for more than 40 days without taking any action on it. ... finding that the Petitioner as the Central Public Information Officer (CPIO) of the Paradip Port Trust (PPT) had kept the RTI application with him first for 40days without taking any action and then after receiving the information took 38days
Otherwise also, normal rule is of bail and not jail. ... Central Bureau of Investigation, (2012) 1 SCC 40 , also involving an economic offence of formidable magnitude, while dealing with the issue of grant of bail, had observed that deprivation of liberty must be considered a punishment unless it is required to ensure that an accused ... Chandel, while referring to the report submitted by SFSL, contended that drugs namely Diphenoxylate hydrochloride has been found to be 2.5 mg per tablet and similarly quantity of Atropin....
Rs.10,000/-, two mobile phones and other golden & silver ornaments, total value at Rs. 40-50,000/- (approx.). ... Similarly, Tranax tablet 0.5 (78 nos.), Azineka tablet 0.5. (8 nos.) and APZ tablet 0.5 (8 nos.) were also seized from them. ... 4. ... Considering the evidence available on record, I do not find any substance in the appeal, in which, the appellants have otherwise served out the entire jail sentence. ... 11. ... On the pretext of preparing meals, appellant Sukhiya Baui mixed tablet....
40. A copy of this order shall be communicated to the accused appellant in Jail through Chief Judicial Magistrate/Jail Superintendent concerned, forthwith.
40. A copy of this order shall be communicated to the accused appellant in Jail through Chief Judicial Magistrate/Jail Superintendent concerned, forthwith.
The accused-appellant is in jail for substantial period w.e.f. 04.02.2020 and as such he has been in jail since more than 9 months. There is nothing on record to show that the accused appellant is incapable of being reformatted. In my opinion, every convict is entitled for the advantage of reformative and corrective jurisprudence and in view of this Court, if the sentence is reduced by period already undergone looking to the detention of the accused-appellant in jail, no harm will be caused and the purpose of justice will be served.
He further admitted that there was foam in larynx and trachea of the deceased, which are symptoms of coma in a patient of epilepsy. He has stated that if a patient is taking Phenergan tablet in the strength of 10 mg., he would suffer drowsiness, but if the tablet is of the strength of 40 mg. In cross-examination this witness has stated that in Schizophrenia, patient go to the extent of eating bricks and soil and even uneatable items.
The Seller loaded the rice 16days late and the Vessel freighted by the Sellers left port (Kandla) 38days later than the contractually stipulated time of departure. The ship suffered an engine failure which resulted in its requiring salvage operations near Turkey, and the entire cargo on board, including the subject consignment of rice was sold pursuant to Admiralty proceedings to compensate the cost of the rescue of the Vessel. The specified destination, the port of Novorossiysk, Russia, was to be the first port of discharge, and even in this regard there is a finding that ....
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