Some good news. Hopefully? : DarknetMarketsIndia | Torhoo darknet markets
Clear net warning -
Merely Receiving A Package Without Being Aware Of Illicit Contents Not 'Possession' Under NDPS Act: Delhi High Court https://share.google/yOlUoygjOe89zWCtj
Would love to hear the opinions of any lawyers on here, and how helpful this will be incase we ever find ourselves in the same predicament.
Lawyer here, I don't predominantly practice Criminal law but I can weigh in on some points
This case is a best case scenario where the accused did not have his name on the parcel nor any evidence to tie him up to contacting the dealer nor the DTDC office and he had a proof that he was assigned by someone to collect the parcel. This is comparable to scenario when swiggy/rapido/uber courier were arrested for possession but was granted bail as they had no knowledge of the parcel. Even in this best case scenario he had to rot in jail for over a month after engaging a good lawyer.
The bail and subsequent trail depends upon the conduct of the accused as in evidence to tie up to the offense and the dealer and whether any incriminating evidence is found in his possession or residence. All the ingredients should be clear.
I think the best practice is to never order in your name and phone number,
never have illegal substances in your possession or at your residence when receiving the order,
never call or approach the post office or courier service,
dont have any evidence on your phone that shows you are a user (texts, financial transaction, images in gallery, browsing history )
always track the news, vendor activity post ordering your goods and closely observe the delivery times , anything unusual you dont take the delivery and if delivery is attempted deny the delivery with your life with straight ass MF face.
Thanks for the information. I was reading the case notes and had come to same conclusion - that we can have some safety in India too if we actually follow proper opsec. This confirms it. Thanks for the detailed reply.
Yes this is true. Unless you have another similar case on you , or if your drops aren't Clean enough. What I have always done in the past is write return back to sender for every dw package I have received and leave it like that for a day or two immediately upon receiving it. That way there is atleast some plausible deniability.
Parcel had different name and phone number.
LE failed to investigate his neighbour who asked him to retrieve the parcel
Accused cooperated with LE and gave them his phone password.
He did not personally call the post office from his number
And to top it, he was in custody for 2 years before bail.
Looks like he was actually deceived and still had to serve time.
Link to court order (Clearnet warning)
https://www.livelaw.in/pdf_upload/saneesh-judgment--611449.pdf
That’s actually a solid ruling. The court basically said - if you didn’t know what was in the package, you can’t be blamed for “possessing” it under the NDPS Act. Makes sense, honestly.
Could be a lifesaver in cases where people get random parcels or are unknowingly used as mules. Still, you'd probably have to prove you had no clue, which can be tricky. But yeah, definitely a step in the right direction.
Would love to know if this could help someone during bail or trial - any lawyers here wanna weigh in?
I doubt it'll stop them from "processing" people. Already under indian laws you can't incriminate someone if they "confess", the pigs here still do that. Doubt this will be any different. You'll still have to visit the calaboose till you get bail. But bail seems like an option now if your opsec is tight enough, or if you're just stuck unknowingly as a muse or something.
Would definitely like to hear what lawyers have to say about this though. Do we not have any lawyers on here?lol.
This case is a best case scenario where the accused did not have his name on the parcel nor any evidence to tie him up to contacting the dealer nor the DTDC office and he had a proof that he was assigned by someone to collect the parcel. This is comparable to scenario when swiggy/rapido/uber courier were arrested for possession but was granted bail as they had no knowledge of the parcel. Even in this best case scenario he had to rot in jail for over a month after engaging a good lawyer.
The bail and subsequent trail depends upon the conduct of the accused as in evidence to tie up to the offense and the dealer and whether any incriminating evidence is found in his possession or residence. All the ingredients should be clear.
I think the best practice is to never order in your name and phone number,
never have illegal substances in your possession or at your residence when receiving the order,
never call or approach the post office or courier service,
dont have any evidence on your phone that shows you are a user (texts, financial transaction, images in gallery, browsing history )
always track the news, vendor activity post ordering your goods and closely observe the delivery times , anything unusual you dont take the delivery and if delivery is attempted deny the delivery with your life with straight ass MF face.