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Supreme Court of India 2021-03-02 allowed

State (GNCT of Delhi) Narcotics Control Bureau vs Lokesh Chadha

Bench: 2 — Dhananjaya Y. Chandrachud

In Brief

The respondent, proprietor of a courier agency, was convicted under Sections 23(c) and 25-A of the Narcotic Drugs and Psychotropic Substances Act for his involvement in booking parcels containing 325 grams of heroin and 390 grams of pseudoephedrine to a foreign destination at a foreign national's behest. Sentenced to 10 years rigorous imprisonment, he applied to suspend sentence during appeal proceedings. The High Court granted suspension after he had served over four years, citing delay caused by COVID-19. The Supreme Court set aside this order, holding that post-conviction bail requires strong, compelling reasons recorded in writing. The stringent policy of the NDPS Act must guide such decisions, and vague references to facts and circumstances are insufficient justification for suspending sentence after trial conviction.

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Narcotic Drugs and Psychotropic Substances Act Bail and Imprisonment Criminal Procedure Suspension of Sentence Post-Conviction Relief

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