Aggarwal & Parnters

01/02/2025

"ALTHOUGH THE APPLICANT HAD 2 OTHER NDPS CASES ON HIM BUT IN THIS RECOVERY IS INTERMEDIARY AND SECTION 37 WILL NOT BE ATTRACTED"
"Even having the past antecedent of NDPS nature it will not become the bar in granting bail and section 37 will not come into picture where the recovery is of intermediary quantity"
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07/09/2024

"Chargesheet Incomplete for 1 accused can't be complete for the other accused"
"Chargesheet incomplete for the 1 accused for non filing of the FSL report for his recovery cannot be said complete for other accused persons even though FSL report of the contraband recovered from them was filled "
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24/08/2024

"Samples should be drawn from each and every packet and violation of the same entitled the petitioner for regular bail"

"out of 5 packets the samples were drawn only from 1 packet leaving rest 4 packet in every sack, which is completely a non compliance of the sampling procedure prescribed under standing order and benefit of the same will be given to the accused by granting bail"
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17/08/2024

"If State can't bear the medical expenses of the accused then accused has right to Bail"
"The Delhi High Court had granted the Interim Bail to the Petitioner after stating that the Health of the Accused can't be compromised on the stake of expenses"
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27/07/2024

"NO Independent Witness and Videography can be a sole ground for granting Regular Bail"
"The Hon'ble High Court had observed that the recovery cant be proved at this stage with out independent witness and videography and because of only recovery the Applicant can't be kept behind the bars"
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21/07/2024

"Recovery without independent witness and Videography is not sufficient"
"The Hon'ble High Court had held that recovery itself is not sufficient for denial of the bail and requires independent witness and Videography of the recovery for supporting the recovery made from the Petitioner"
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15/07/2024

"STANDING ORDER IS REQUIREMENT OF LAW AND SHOULD BE FOLLOWED"
"Mixing of samples was not permissible and the act thereto will be against the Standing Order, and as per the Hon'ble High Court of Delhi, Standing Order was not only the guidelines by its a requirement"
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05/06/2024

Incriminating Chats coupled with some recovery of drugs were not sufficient to connect Petitioner with the main accused

Delhi High Court had held that recovery of WhatsApp chats is not sufficient to corroborate with the recovery, Chats should be verified by the proper agencies for reading those as an Evidence.

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31/05/2024

"NO Evidence to connect with the consignment from whom the recovery is made"

"The Court held that enev though the chats are incriminating but had no connection with the recovered parcel and the only evidence is the disclosure statement of the accused persons"

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29/05/2024

"Petitioner had no knowledge of the 34.7kg He**in and had only responsible for Rock Salt "

"Delhi High Court while granting the bail to the Petitioner had stated that merely being an importer is not sufficient that he is in conscious Possession of the hidden drug"

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05/01/2024

"Applicant cannot be refused bail even if he has been declaired proclaimed offender"

if the Applicant was declaired PO than also Bail can't be denied only on such ground as its a saperate offence which is registered under section 174A of IPC, which is an saperate offence and not fall under NDPS Act.

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