The Delhi High Court has granted bail to an NDPS accused found with 259.3 grams of morphine against a 250 gram commercial quantity, holding that strict application of the NDPS Act rigours may not be justified and noting that the trial will take considerable time.
A second plea for successive bail in an NDPS case has failed before the Punjab and Haryana High Court, which held that “mere prolongation of custody”, here a little over seven and a half months with nothing else new, is not a substantial change in circumstances. Chandigarh: Refusing successive bail to an accused in a […]
Justice Milind N. Jadhav of the Bombay High Court has granted eight months’ interim bail to Pooja Lovepreet Lal, accused by the DRI of carrying 6 kg of cocaine, on humanitarian grounds, noting that her eight-month-old daughter, housed with her in prison, has had respiratory illness requiring repeated hospital care, while stressing that Section 37 NDPS is not diluted and the order is not on merits.
The Supreme Court ruled that the right to speedy trial under Article 21 of the Constitution of India cannot override strict bail conditions under the Narcotic Drugs and Psychotropic Substances Act, 1985. It set aside the High Court’s bail order for failing to satisfy mandatory “twin conditions” under Section 37 in a commercial quantity drug case.
The Kerala High Court ruled that magic mushrooms are not classified as narcotic drugs under the NDPS Act, impacting bail decisions for drug possession cases. The Court clarified that the mushrooms, containing minimal psilocybin, cannot be treated as mixtures. Consequently, the accused’s total weight of possession did not exceed the commercial quantity threshold, allowing bail.
