The Indian judiciary is an important pillar of criminal Justice System. Various Judgments pronounced on different aspects take form of case laws and become the guiding force for the law enforcement agencies. Eg. Recent landmark Judgment by the Hon’ble Apex Court in state of Kerala vs. Rajesh where the Hon’ble Court has cited twin condition for releasing accused on bail in NDPS matters has a bearing effect on enforcement of NDPS Act and prosecution.
(Under NDPS Acts, 1985)
Supreme Court of India
Booklet of compilation of Important Judgments of Hon'ble Supreme Court and High Court by NCB
The Hon'ble High Court has emphasized on videography during seizures
Officers invested with powers to investigate offences under the Narcotic Drugs and Psychotropic Substances Act are ‘Police Officers’ within the meaning of Section 25 of the Indian Evidence Act and therefore a confession made by an accused under Section 67 of the Act before such officers was inadmissible in evidence.
there is no doubt that the rigors of Section 37 would have to be met before the sentence of a convict is suspended and bail granted and mere passage of time cannot be a reason for the same. However, we are faced with unusual times where the Covid situation permeates. We are also conscious that this Court has passed orders for release of persons on bail to de-congest the jail but that but that is applicable to cases of upto seven years sentence. In the given aforesaid facts and circumstances of the case, we consider it appropriate to enlarge the appellant on bail on terms and conditions to the satisfaction of the Trial Court.
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