Tagged “special-statutes”

5 articles on special-statutes.

Supreme CourtSupreme Court of India

Bharat Aambale v. State of Chhattisgarh: the Section 52A NDPS restatement

On 6 January 2025, a two-judge bench delivered a comprehensive restatement of Section 52A NDPS, holding the provision procedural and non-compliance not per se fatal unless it casts reasonable doubt on the identity and integrity of the seized substance.

Valkya Editorial·10 Jul 2026·7 min

Supreme CourtSupreme Court of India

State of Kerala v. Rajesh: the strict Section 37 NDPS bail standard

The Supreme Court set aside a High Court bail order in an NDPS commercial-quantity case, holding the Section 37 twin conditions mandatory and 'reasonable grounds' to mean substantial probable cause, not merely a prima facie view.

Valkya Editorial·10 Jul 2026·8 min

Supreme CourtSupreme Court of India

Jalaluddin Khan v. Union of India: bail is the rule under the UAPA

On 13 August 2024, a two-judge bench granted bail to a UAPA accused, holding that 'bail is the rule, jail is the exception' holds good even under stringent special statutes, and that the PFI is not a First-Schedule terrorist organisation.

Valkya Editorial·14 Jun 2026·6 min

Supreme CourtSupreme Court of India

Javed Gulam Nabi Shaikh v. State of Maharashtra: speedy trial and bail under the UAPA

On 3 July 2024, a two-judge bench held that where the State cannot ensure a speedy trial, it cannot oppose bail by pleading the seriousness of the offence, and that the Watali standard is no bar to bail where prolonged incarceration meets an interminable trial.

Valkya Editorial·14 Jun 2026·5 min

Supreme CourtSupreme Court of India

Dr. Rajinder Rajan v. Union of India: Mihir Shah grounds-of-arrest discipline reaches NDPS

On 1 April 2026, a two-judge bench applied Mihir Shah to an NDPS arrest, holding that failure to supply written grounds of arrest before remand renders the arrest illegal even where section 37 ordinarily forecloses bail.

Valkya Editorial·2 Jun 2026·8 min