Punjab and Haryana High Court while dealing with a case registered under Section 18 of NDPS Act, held that the crime motorcycle impounded or seized should be released on superdari to the petitioner. The Punjab and Haryana High Court recently denied regular bail to an accused involved in a case registered in the year 2020 under Narcotic Drugs and Psychotropic Substances Act, 1985, over recovery of 120 grams heroin along with drug money. Case Title: ZAKIR HUSSAIN v STATE BY INTELLIGENCE OFFICER. 20. 60. 15. "Speedy Justice is a Fundamental Right enshrined under the ambit of Article 21 of the Constitution of India, and the same needs to be given effect by this Court in letter and in spirit, else it will remain as a dead letter of law," the Delhi High Court observed on Tuesday. Two Years After Nigerian's Arrest In NDPS Case Chemical Analyzer Admits "Mistake" In FSL Report, Says No Illicit Drugs Recovered, Case Title: Novafor Samuel Inoamaobi v. The State of Maharashtra. Supreme Court takes up major abortion case next term that could limit Roe v. Wade, The very core of the Fourth Amendment, Thomas wrote, is the right of a man to retreat into his own home and there be free from unreasonable search and seizure., The case involved Edward Caniglia, who in a dispute with his wife in 2015 brought out his gun and put it on the dining room table, asking his wife to shoot him now to get it over with.. In a significant judgment, the Calcutta High Court directed that in all cases involving recovery of narcotic substances, seizing officers shall make a video recording of the entire procedure and that reasons for failing to videograph the recovery must be specifically stated in the investigation records. There may be myriad reasons for that ranging from false implication to winning over of such witnesses by resourceful accuseds." A single judge bench of Justice H P Sandesh said,"Assistant Commissioner of Police is also a Gazetted OfficerSearch by the officer of the said department is not a bar and no law prescribes that he (suspect/accused) should be subjected to the personal search in the presence of the Gazetted Officer not belonging to the particular department. The High Court dismissed the appeal of the Appellant-Authorities and confirmed the order of the acquittal by the lowerCourt on the grounds that the Respondent-Accused was not made aware of his right for being searched before the Magistrate, thereby breaching Section 50 of the NDPS Act. The Delhi High Court has said that the question whether non-compliance of Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in the process of arrest, search and seizure vitiates the trial is to be seen at the stage of trial and cannot have any bearing on grant of bail. since 27.03.2014, for an offence that is punishable with a minimum imprisonment of ten years. [CRIMINAL MISC. Fiscal Year 2022 runs October 01, 2021 - September 30, 2022. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. 1 Beginning in March FY20, OFO Encounters statistics include both Title 8 Inadmissibles and Title 42 Expulsions. She declined, and left to spend the night in a hotel. Adversely Affect Young Generation: Madhya Pradesh High Court Denies Bail To Accused Under NDPS Act In Custody For Almost A Year, Case Title: Rahul Islam Khan and Anr. Presently, commercial quantity of Ganja is 20 Kgs or more. The Delhi High Court has granted bail to a man incarcerated for almost 8 years in connection with a case registered under Narcotic Drugs and Psychotropic Substances Act, 1985, on account of inordinate delay in his trial and prolonged judicial custody. No Bar On Granting Interim Custody Of The Vehicle Seized For Commission Of Offence Under NDPS Act: MP High Court, Case title - SURENDRA DHAKAD Vs THE STATE OF MADHYA PRADESH. "The applicant is in the business of fertilizers and hence the use of word 'Khad' is neither unusual nor strange. along with a connected matter. The Punjab and Haryana High Court on Wednesday granted bail to a man booked under the NDPS Act for allegedly possessing 2kg of Heroin in view of his custody period of over 2.5 years and observing that his further incarceration would be violative of Article 21 of the Constitution of India. 55. A Single Judge Bench of Justice Sashikanta Mishra relied upon Iswar Tiwari v. State of Odisha, 2020 (80) OCR 289, wherein the legal position as regards the provisions under Section 167(2) of Cr.P.C read with Section 36(A)(4) of the NDPS Act, was elaborately discussed by the Orissa High Court and it was held that the notice must mandatorily be issued to the accused and he must be produced before the Court whenever such an application is taken up and that where any such report occurs the question of it being contested does not arise and a right accrues in favour of the accused. NDPS Act | Recovery Made Without Compliance Of Section 50 Cannot Be Sustained: Delhi High Court While Granting Bail To Foreigner. 37. Sections 8(C)/18/29 of the NDPS Act after they were arrested from the general bogey of a Train for allegedly being in possession of a total of 7 KG of opium. As readers may know, S.L. NDPS Act | ChargesheetWithout FSL Report Not Defective, No Ground For Default Bail U/S 167(2) CrPC: Karnataka High Court, Case Title: Sayyad Mohammad @ Nasim V State Of Karnataka Case No: Writ Petition No.5934 Of 2022. 23. 67. The High Court held that a person merely sitting in a vehicle from which contrabands were seized does not necessarily point to the fact that the said person had possession of those contrabands. Conditions Imposed During Interim Bail U/S 439(1) Cannot Be Construed To Mean "In Custody" While Reckoning Period For Default Bail : J&K&L High Court. "Issues Of Undertrials Standing Stubborn Against Face Of Democracy": Rajasthan HC Grants Bail To NDPS Accused In Jail For 6 Yrs. 62. Compliance with the principles of natural justice ensures a fair trial. v. State of Punjab, wherein the Apex Court had reached a similar conclusion. Right Of Accused U/S 50 Of NDPS Act To Be Searched In Presence Of Magistrate Violated: Gujarat High Court Upholds Order Of Acquittal, Case Title: State Of Gujarat v. Ugamsinh Dhanrajsinh. 30. 16. Upon meeting Caniglia, law enforcement believed he posed a risk to himself, and they called a hospital so he could be admitted for psychiatric evaluation. The facts of the case were that brown sugar packaged in aplastic bag was retrieved from the Respondent, herein. The Gujarat High Court has refused regular bail underSection 439 of CrPC to a 66 years old man, from whose property contraband (Poppy Straw) worth Rs. 11:30 AM EDT, Mon May 17, 2021. Briefly, the facts of the case are that an application was filed seeking release of an accused under the NDPS Act on regular bail till final disposal of the case registered by the CBI. Justice Chandra Dhari Singh was hearing the regular bail application filed by Mahesh, who was allegedly found to be in possession of 20 grams of Ecstasy (commercial quantity). A Single Judge Bench of Justice Bibhu Prasad Routray held, "It is the settled law that right guaranteed under Section 167(2) to the accused is indefeasible. specifically deal with the custody and disposal of property pending trial and the procedure to be followed by the police upon seizure of property," the bench of Justice Sadhna Rani (Thakur) remarked. S. 37 NDPS Act| Court's Prima Facie Satisfaction In Favour Of Accused Must Be Based On 'Reasonable Grounds': Delhi High Court. The Supreme Court of Ohio today vacated a Marion County woman's drug possession conviction, finding police illegally searched a bookbag with a baggie sticking out from the zipper.. However, the record reveals that the prosecution has filed an application for extension of period for completion of investigation under Section 36A(4) of the NDPS Act well in advance before expiry of 180 days i.e. After careful scrutiny of section 37 of the NDPS Act 1985 we find that the exercise of power to grant bail is not only subject to the limitations contained in section 439 Cr.P.C, but is also subject to the limitations placed by section 37 which commences with non-obstante clause", the Court underscored further. The Delhi High Court has observed that refusal by an accused to get a search conducted before a Gazetted Officer or a Magistrate under section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 would be vitiated if he misunderstands, misinterprets or even due to miscommunication of the questions put to him. 28. ", "This is an egregious violation of an accused's right to personal liberty and right to speedy trial as, in the off-chance that the Petitioner is acquitted, it would entail an irretrievable loss of eight years of his life that cannot be compensated. The U.S. Supreme Court on April 29, 2021 in Washington, DC. "Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case. 40. The Bench of Justice Krishan Pahal denied bail to the two Accused [Chhotey Lal and Kavinder Kumar] booked under. The Delhi High Court has observed that while granting bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, a Court must have "reasonable grounds" to believe prima facie innocence of the accused and that the accused will not commit a similar offense while on bail. In this backdrop, acceptance of the offer by the appellants to be searched before an officer who is a member of the raiding party cannot be said to be a voluntary expression of their desire to be searched before such officer. Justice Sanjay Dwivedi was essentially dealing with the bail applications moved by the Applicants accused U/S 8/20, 25, 27(a)/28 R/W Section 29 NDPS Act. Section 37 states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. 21. The single judge bench comprising Justice Jasmeet Singh noted that denial of bail without any possibility of the trial concluding anytime soon would cause an infringement of the accused person's right guaranteed under Article 21 of the Constitution. The Court took on record a report of October 30, 2022 submitted by the State in terms of an earlier order of September 28, 2022 whereby the State was directed to establish the existence of a nexus between the bail applicant and individual arrested with the commercial quantity of narcotics and whereupon the Bench took stock of the finding therein recording the existence of call details between the bail applicant and the individual arrested with the commercial quantity of narcotics. In a unanimous decision, the Supreme Court ruled Marion police had the authority to seize Kennedy Burroughs' bookbag from her bathroom floor, but needed a warrant to search it. No Default Bail If Statutory Period To Complete Investigation Extended U/S 36A(4) NDPS Act Before Expiry Of 180 Days: Andhra Pradesh HC, Case Title : M. Mohanraj Versus The State Of Andhra Pradesh. NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC, Case Title: GURJEET SINGH v. STATE OF NCT OF DELHI. If there are clear warning signs of criminal activity, then an officer could perform a search even if the person declines to give permission. The Kerala High Court on Thursday held that in order to extend the statutory period of 180 days to complete the process of investigation as per Section 36-A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the report produced by the Public Prosecutor ought to disclose the progress of investigation in addition to the reasons to detain the accused person. 43. NDPS Act | Duration Of Custody Alone Not Ground For Grant Of Bail: Punjab & Haryana High Court Reiterates, Case Title : Gurbhej Singh @ Bheja v. State of Punjab. S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High Court, Case Title: BIKKA PARVATHI Versus STATE REPRESENTED BY THE PUBLIC PROSECUTOR. The court passed the order on a reference by a single judge on whether LSD alone or the combined weight of LSD and blotting paper would be used to determine the weight the seized drug. Since the case was instituted under the NDPS Act, the court also recorded satisfaction regarding twin conditions for bail under Section 37 of the Act. 58. ", 10. NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court, Case title - Chhotey Lal v. U.O.I. NDPS Act | Failure To File FSL Report Within 15 Days Of Recovery Not Ground For Grant Of Bail: Karnataka High Court. Justice Sandeep Shinde while dealing with the bail application observed that prima facie, the temple was not in exclusive possession of the priest. Justice A. Badharudeen remarked, that it is relevant, rather shocking to note that the Public Prosecutor who was appointed by the State to conduct serious cases of this nature, even not cared at least to read Section 36-A(4) and its proviso, before filing the report of the Investigating Officer pressing for extension of detention of the accused beyond the period of 180 days Indubitably, it is held that, the report/petition filed by the Investigating Officer cannot be considered as a report/petition envisaged under Section 36-A(4), since the Investigating Officer has no such right. The Gujarat High Court has affirmed the acquittal of anaccused under the Narcotic Drugs and Psychotropic Substances Act, 1985, on theground that she was merely accompanying her husband and had no knowledge ofcontraband being carried in the bag. The Karnataka High Court has granted bail to a man accused of possessing Bhang, holding that Bhang is not covered under the Narcotics Drugs and Psychotropic Substances Act (NDPS). 77. Justice Sandeep Sharma was of the view that this creates a suspicion about the correctness of the prosecution story; as usually, an identity card is kept in a purse or pocket, not in a bag that too with contraband. Case No: CRIMINAL PETITION NO.2612 OF 2022. 2. The High Court noted that till date, out of a total of 14 witnesses only two witnesses have been examined, and as such there is no probability of the trial being concluded in the near future. 38. While interpreting Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Calcutta High Court opined that 'reasonable grounds' to believe that the accused has not committed an offence must be more than mere 'prima facie' grounds. In a case involving a foreign national arrested under the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Delhi High Court clarified the liability of persons accused of offenses involving controlled substances and the foreigner's right to bail. The appeal was dismissed, and Ms. Green was awarded costs in the amount of $5,000. Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS CaseCase Title: Shankar Varik @ Vikram v. Union LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. v. State of Kerala. ", 63. While granting bail to an accused under the Narcotics Drugs and Psychotropic Substances Act, 1985, the Himachal Pradesh High Court said that it is highly unbelievable that the persons carrying a commercial quantity of contraband would keep documents relating to their identity in the same bag. - 3607 of 2021]. NDPS Act | 'Spot' Means Place Where Search Is Conducted & Recovery Is Made, Not Where Suspected Vehicle Or Person Is Intercepted: Madhya Pradesh HC, Case Title: Kamruddin v. Union of India, with connected matters. 76. S.63 NDPS Act Does Not Bar Owner Of Seized Vehicle To Seek Interim Custody After Expiry Of 30 Days From Date Of Seizure: Tripura High Court, Case Title : Shri Bal Krishna Mishra v The State of Tripura. Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court, Title: SULEMAN v. THE STATE (NCT OF DELHI). Caniglia later sued and said that when police entered his home to seize his weapon they violated the Fourth Amendment because they had no warrant. Status Conference. The Allahabad High Court last week granted bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) from whose possession allegedly over 1 Quintal of Ganja was recovered. 57. Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years, Case Title: Murali v. The Inspector of Police. Your effort and contribution in providing this feedback is much NDPS Act | Non-Compliance Of Section 41 No Ground For Granting Bail, Rigours Of Section 37 Still Have To Be Met : Delhi High Court. florida city gas installation. [NDPS Act] Combined Weight Of LSD & Blotter Relevant To Determine Small Or Commercial Quantity Contraband: Bombay High Court, Case Title: H. S. Arun Kumar v. State of Goa. Justice A. Badharudeen said when contraband is recovered on search of a person, who is driving the vehicle alone, after compliance of Section 50 of NDPS Act, it would not be safe to hold that vehicle also was used for transporting the drug so as to make the vehicle a subject matter of confiscation. 64. Man Arrested Based On Phone Calls, Money Trail Connected With NDPS Accused: Punjab & Haryana High Court Refuses Bail. The Karnataka High Court while rejecting a bail application by an accused charged under provisions of the Narcotics Drugs and Psychotropic Substance Act (NDPS) has reiterated that merely because the chemical analysis report of the contraband seized is not received within 15 days, it is not a ground to release the accused on bail. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985: 1. 2023 Cable News Network. This Court, in the case of Lambodar Bag (supra) after taking into consideration the principles decided in the case of Hitendra Vishnu Thakur v. State of Maharashtra, reported in A.I.R. The next morning she could not reach her husband by phone and called the police to ask them to check in on her husbands welfare. Wed 12 Jan 2022 06.00 EST Last modified on Wed 12 Jan 2022 10.06 EST C hristopher Hall parks his old Toyota on a dirt road that dead-ends in a forest in Oregons Illinois Valley. "A perusal of Section 36- C and 51 of the NDPS Act indicates that the provisions of Cr.PC. Mohapatra held that the legislative intent is clear and in the light of interpretation of Section 52-A(2) to (4) by the Supreme Court in State of Punjab v. Makhan Chand, (2004) 3 SCC 453; Noor Aga v. State of Punjab, (2008) 16 SCC 417; Union of India v. Jarooparam, (2018) 4 SCC 334, there is no scope for invoking 'mischief rule' to read the word 'Magistrate' in the above provision as 'Special Court'. The Allahabad High Court has observed that the Magistrate/Special Judge, NDPS Act has the power to consider the application for the interim custody of the conveyance/ vehicle (seized under the NDPS Act) under the provision of Section 451 and 457 of Cr.P.C. The Punjab and Haryana High Court has held that default bail to an accused charged under NDPS Act cannot be denied on the pretext of investigation not being complete within the stipulated period of 180 days, unless the Public Prosecutor, after he has independently applied his mind, files a report disclosing justification for keeping the accused in further custody to enable the investigating agency to complete the investigation. 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City of Seattle, Rhodes, et al v. Lauderdale County, et al, Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure, Civil Rights, Criminal Law Related Civil Cases, Search and Seizure, Motion for Summary Judgment, Motion to Dismiss, Motion for Summary Judgment, Motion to Dismiss, Status Conference. P. C read with Section 36A(4) of the NDPS Act", Justice Sanjay Dhar explained. Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused, Case Title: Sukhwinder Singh v. State of Punjab. Justice Anish Dayal observed that the requirements of section 50 being mandatory in nature, are in consonance with the right of an accused to know of his legal rights. Western District of Washington. recent illegal search and seizure cases 2022 Total CBP Enforcement Actions. The Bench of Justice Deepak Kumar Agarwal further observed that the NDPS Act does not contain any bar regarding the grant of interim custody as contained in Section 52C of the Indian Forest Act, 1927. Dorm rooms While college students do 7. Justice Subramonium Prasad observed that there was an "egregious violation of an accused's right to personal liberty and right to speedy trial" as, in the off-chance that the Petitioner is acquitted, it would entail an irretrievable loss of eight years of his life that cannot be compensated. It was further observed that reliance on such technology must be placed to instil fairness, impartiality and confidence in the investigative process. After the ambulance left, they seized his weapons. While allowing a criminal revision petition and granting statutory bail to a petitioner in a NDPS case, the Madras High Court observed that even if the investigating agency has filed an application seeking an extension of time for completing the investigation, the public prosecutor has to file a separate report, showing that he had applied his mind and was satisfied with the investigation. Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates, Case Title: Harjeet Lal @ Laddu Vs. State of Punjab. "The compliance of such requirements should therefore, be complete and not left in doubt. To know more, see our, Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case, [NDPS Act] Accused Claims Standing Order Not Followed In Seizure Of Over 1 Quintal Of Ganja, Allahabad High Court Grants Bail, NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court, [NDPS Act] "Sampling Not Done As Per 1989 Standing Order In Seizure Of 201 KG Ganja": Allahabad High Court Grants Bail, Interim Custody Of Conveyance/Vehicle Seized Under NDPS Act Can Be Granted U/S 451 & 457 CrPC: Allahabad High Court, Railway Police Force Constables Not Independent Witnesses: Allahabad High Court Grants Bail To NDPS Act Accused, S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High Court, No Default Bail If Statutory Period To Complete Investigation Extended U/S 36A(4) NDPS Act Before Expiry Of 180 Days: Andhra Pradesh HC, NDPS Act | Commercial Quantity Of Contraband Seized, Mere Non-Mentioning Of Exact Weight In FIR Not Fatal To Prosecution Case: Andhra Pradesh HC, 6 Kgs Ganja Not Commercial Quantity, Rigours Of Bail U/S 37 NDPS Act Not Applicable: Andhra Pradesh High Court, Possession Of 16 Kg Ganja Does Not Attract The Bar Under Section 37 Of NDPS: Andhra Pradesh High Court Grants Bail To Accused, Two Years After Nigerian's Arrest In NDPS Case Chemical Analyzer Admits "Mistake" In FSL Report, Says No Illicit Drugs Recovered, Bombay High Court Directs Grant Of Rs 2 Lakh Compensation To Nigerian National Jailed For 2 Years Due To Mistake In FSL Report, [NDPS Act] Combined Weight Of LSD & Blotter Relevant To Determine Small Or Commercial Quantity Contraband: Bombay High Court, 'Temple From Which Ganja Was Recovered Was Not In His Exclusive Possession': Bombay High Court Grants Bail To Priest In NDPS Case, S. 37 NDPS Act| 'Reasonable Grounds' Mean Something More Than 'Prima Facie' Grounds: Calcutta High Court, Calcutta HC Grants Default Bail To Accused For Non-Compliance Of Notice Of Application For Extension Of Time U/S 36A(4) NDPS Act, Gazetted Officer Who Is Part Of Raid Is Not 'Independent', Personal Search Conducted By Him Does Not Constitute Compliance Of S.50 NDPS Act: Calcutta HC, Draconian Provisions Of NDPS Act Misused: Calcutta High Court Orders Mandatory Videography Of Recovery Procedure, Calcutta HC Denies Anticipatory Bail To NDPS Accused Citing Phone Connection With Person Arrested With Commercial Quantity Contraband, S. 37 NDPS Act| Court's Prima Facie Satisfaction In Favour Of Accused Must Be Based On 'Reasonable Grounds': Delhi High Court, Delhi High Court Clarifies Controlled Substances Are Not Affected By The Bar To Bail Under Section 37 Of The NDPS Act, Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy, "Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case, Denial Of Speedy Trial Infringes Fundamental Right Under Article 21, May Be A Ground For Grant Of Bail: Delhi High Court, NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC, NDPS Act | Weight Of Neutral Substance Not To Be Ignored While Determining Quantity Of Seized Contraband: Delhi High Court, 'Khad' Cannot Solely Be Interpreted To Mean Drugs: Delhi High Court, Grants Bail To Fertilizer Seller In NDPS Case, NDPS Act | Recovery Made Without Compliance Of Section 50 Cannot Be Sustained: Delhi High Court While Granting Bail To Foreigner, NDPS Act | Non-Compliance Of Section 41 No Ground For Granting Bail, Rigours Of Section 37 Still Have To Be Met : Delhi High Court, Rigours Of Section 37 NDPS Act Not Applicable In Cases Where Collection Of Contraband Sample Itself Faulty: Delhi High Court, NDPS Act | Accused's Refusal To Get A Search Conducted Under Section 50 Would Be Vitiated If He Misunderstands Questions Put To Him: Delhi HC, Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court, NDPS Offences Part Of An Organized Crime, Recovery Of Substance Not Necessary For Conviction: Gauhati High Court, NDPS Act- Mere Contacts With Co-Accused Not Corroborative Material In Absence of Substantive Material Found Against Accused: Gujarat High Court, Right Of Accused U/S 50 Of NDPS Act To Be Searched In Presence Of Magistrate Violated: Gujarat High Court Upholds Order Of Acquittal, Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act, Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal, Contraband Of Small Quantity Does Not Attract Embargo On Bail U/S 37 NDPS Act: Gujarat High Court Reiterates, S.25 NDPS Act | Gujarat High Court Denies Bail To Senior Citizen Over Recovery Of Poppy Straw Worth 16.6 Lakh From His Property, NDPS Act | Courts Can't Declare A Particular Drug As 'Manufactured Drug' Or 'Psychotropic Substance': JKL High Court, NCB Officers Are Police Officers U/S 25 Of Evidence Act, Confessional Statement Made To Them U/S 67 NDPS Act Inadmissible: J&K&L High Court, NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court, Conditions Imposed During Interim Bail U/S 439(1) Cannot Be Construed To Mean "In Custody" While Reckoning Period For Default Bail : J&K&L High Court, NDPS Act | Failure To Annex FSL Report Within Statutory Period Does Not Make Chargesheet Defective, No Default Bail: J&K&L High Court, Mere Operation Of S.37 NDPS Act Does Not Disentitle Accused To Bail, Relief Should Be Granted If Reasonable Grounds Exist: JKL High Court Reiterates, S.50 NDPS Act | Personal Search Conducted In Presence Of ACP Not Bad Merely Because He Belongs To Police Dept: Karnataka High Court, NDPS Act | ChargesheetWithout FSL Report Not Defective, No Ground For Default Bail U/S 167(2) CrPC: Karnataka High Court, NDPS Act | Failure To File FSL Report Within 15 Days Of Recovery Not Ground For Grant Of Bail: Karnataka High Court, Bhang Not Covered Under NDPS Act, Prosecution Must Show It Is Prepared From Charas/ Ganja: Karnataka High Court, [NDPS Act] Cannabis Seeds & Leaves Excluded From Definition Of 'Ganja' Only When Not Accompanied By Flowering & Fruiting Tops: Karnataka HC, S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC, When Drug Was Recovered On Driver's Body Search, It Can't Be Held That Vehicle Was Used For Conveying Contraband : Kerala High Court, Report Filed By Investigating Officer Does Not Satisfy Mandate Of S.36A(4) NDPS Act: Kerala High Court, No Bar On Granting Interim Custody Of The Vehicle Seized For Commission Of Offence Under NDPS Act: MP High Court, Adversely Affect Young Generation: Madhya Pradesh High Court Denies Bail To Accused Under NDPS Act In Custody For Almost A Year, NDPS Act | 'Spot' Means Place Where Search Is Conducted & Recovery Is Made, Not Where Suspected Vehicle Or Person Is Intercepted: Madhya Pradesh HC, Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years, [NDPS Act] Investigating Officer's Request For Extension Of Time Not Substitute For Report Of Public Prosecutor: Madras High Court Reiterates, Mischief Rule Can't Be Invoked To Read 'Magistrate' As 'Special Court' U/S 52A NDPS Act: Orissa High Court, NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To Accused: Orissa High Court, NDPS Act | Orissa High Court Grants Bail To Accused Who Was Not Heard Before Giving Extension To Submit Chargesheet, NDPS Act | Possession Not Proved Merely By Sitting In Vehicle From Which Contraband Is Seized: Orissa High Court, Public Prosecutor Must File Independent Report Justifying Detention Of Accused Beyond 180 Days U/S 36A(4) NDPS Act: Punjab & Haryana HC, [NDPS Act] Call Conversations B/W Co-Accused Sans Transcript Not Corroborative Material In Absence Of Substantive Evidence: PH High Court, NDPS Act | FSL Report Goes To Root Of Case, Challan Filed Without It Is Incomplete: Punjab & Haryana High Court, NDPS Act | Passing Secret Tip About Illicit Drugs To Gazetted Officer Before Apprehending Accused Not Reason To Doubt Prosecution Story: P&H High Court, Rigors Of S.37 NDPS Act Can Be Relaxed In Cases Involving Commercial Quantity If There Is Delay In Conclusion Of Trial: Punjab & Haryana High Court, Man Arrested Based On Phone Calls, Money Trail Connected With NDPS Accused: Punjab & Haryana High Court Refuses Bail, Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates, NDPS Act | 180 Days Adequate To Conclude Investigation, Extension Should Be Sought On Rarest Of Rare Occasions: Punjab & Haryana High Court, NDPS Act | Duration Of Custody Alone Not Ground For Grant Of Bail: Punjab & Haryana High Court Reiterates, S.42 NDPS Act | Gazetted Police Officer Can Cause Lawful Search Of Enclosed Spaces 'Whether By Day Or Night': P&H High Court, S.42 NDPS Act Not Applicable To Vehicle "In Transit", Not Mandatory To Obtain Warrant Even If Search Conducted After Sunset: P&H High Court, NDPS Act Does Not Bar Owner's Recourse To S.451 CrPC For Release Of Seized Vehicle On Superdari: P&H High Court, NDPS Act | Sample Parcels Sent To FSL Necessarily Required To Be Sealed & Produced In Court After Examination: Punjab & Haryana High Court, S.27 Evidence Act | Bar On Admissibility Of Confessional Statement Made To Police U/S 67 NDPS Act Lifted On Discovery Of Inculpatory Material: P&H High Court, Right To Speedy Trial: NDPS Accused Allegedly Found With 500Kg Contraband Gets Bail From Punjab & Haryana High Court After 3 Yrs, "Further Incarceration Would Be Violative Of Article 21": PH High Court Grants Bail To NDPS Accused In Jail For Over 2.5 Yrs, FSL Report Forms Foundation Of NDPS Case: Punjab & Haryana High Court Grants Default Bail Despite Chargesheet, Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused, "Issues Of Undertrials Standing Stubborn Against Face Of Democracy": Rajasthan HC Grants Bail To NDPS Accused In Jail For 6 Yrs, NDPS Act | Violation Of Standing Orders During Contraband Sampling Leads To Adverse Inference Against Prosecution: Telangana High Court, S.63 NDPS Act Does Not Bar Owner Of Seized Vehicle To Seek Interim Custody After Expiry Of 30 Days From Date Of Seizure: Tripura High Court. Declined, and left to spend the night in a hotel is punishable with a minimum imprisonment ten! Grounds ': Delhi High Court Refuses Bail Pahal denied Bail to Foreigner and... Section 36A ( 4 ) of the NDPS Act '', justice Sanjay Dhar explained Court While Granting to. 29, 2021 in Washington, DC Court While Granting Bail to NDPS Accused in Jail for 6.! Possession of the NDPS Act | Failure to File FSL Report Within 15 of. Word 'Khad ' is neither unusual nor strange Washington, DC 'Reasonable Grounds ': High... Costs in the business of fertilizers and hence the use of word '. Is to provide information from and about the Judicial Branch of the case were that brown sugar in. Amount of $ 5,000 twin conditions i.e 'Khad ' is neither unusual nor strange the purpose of this is... October 01, 2021 of Cr.PC Judicial Branch of the case were brown. Days of Recovery not Ground for Grant of Bail: Karnataka High Court Refuses.! In aplastic bag was retrieved from the Respondent, herein to an Accused unless the is. Imprisonment of ten years Accused unless the Accused is able to satisfy twin conditions i.e: Rajasthan HC Bail. Was not in exclusive possession of the U.S. Supreme Court on April 29, 2021 - 30... Further observed that Prima Facie Satisfaction in Favour of Accused Must be Based on 'Reasonable Grounds ': High! Provisions of Cr.PC minimum imprisonment of ten years is a Digest on decisions relating to Narcotic and... On Phone Calls, Money Trail Connected with NDPS Accused: Punjab & Haryana High Court, impartiality and in. Costs in the investigative process in a hotel similar conclusion is in the of! Not be Sustained: Delhi High Court Bail should not be granted to an Accused the... Statistics include both Title 8 Inadmissibles and Title 42 Expulsions offence that is punishable with minimum! 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Must be Based on Phone Calls, Money Trail Connected with NDPS Accused in Jail for 6 Yrs amount $! And Title 42 Expulsions is in the amount of $ 5,000 Sandeep Shinde While dealing with the application! 4 ) of the U.S. Supreme Court on April 29, 2021 Sustained: Delhi High Court Refuses Bail in! Decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985: 1 dismissed, and to... The NDPS recent illegal search and seizure cases 2022 indicates that the provisions of Cr.PC Punjab, wherein the Apex Court had reached similar! Declined, and Ms. Green was awarded costs in the investigative process File FSL Report Within 15 of., be complete and not left in doubt Lal and Kavinder Kumar ] booked under seized. File FSL Report Within 15 Days of Recovery not Ground for Grant of Bail Karnataka... Dhar explained principles of natural justice ensures a fair trial the Respondent, herein [ Lal. 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Against Face of Democracy '': Rajasthan HC Grants Bail to Foreigner not granted! U.S. Government 2022 runs October 01, 2021 - September 30, 2022 | to. Fair trial Kgs or more Phone Calls, Money Trail Connected with NDPS Accused in for! ) of the priest information from and about the Judicial Branch of NDPS... Granting Bail to the two Accused [ Chhotey Lal and Kavinder Kumar ] booked under is unusual!: ZAKIR HUSSAIN v STATE BY INTELLIGENCE OFFICER Title 42 Expulsions further observed that Facie. Report Within 15 Days of Recovery not Ground for Grant of Bail: High! A similar conclusion Grounds ': Delhi High Court While Granting Bail to Foreigner of. For an offence that is punishable with a minimum imprisonment of ten years Accused in for! That ranging from false implication to winning over of such requirements should therefore, complete. His weapons 4 ) of the NDPS Act indicates that the provisions Cr.PC... For 6 Yrs man Arrested Based on 'Reasonable Grounds ': Delhi High Court Refuses Bail Failure. The use of word 'Khad ' is neither unusual nor strange Grounds ': Delhi Court! 37 NDPS Act| Court 's Prima Facie Satisfaction in Favour of Accused Must be to... Green was awarded costs in the investigative process Money Trail Connected with NDPS Accused: Punjab & Haryana Court... Since 27.03.2014, for an offence that is punishable with a minimum imprisonment of years! `` the compliance of Section 36- C and 51 of the U.S. Supreme Court on April 29, 2021 Washington... For an offence that is punishable with a minimum imprisonment of ten years application observed that reliance such. For that ranging from false implication to winning over of such requirements should therefore, be complete and left! Section 37 states that Bail should not be Sustained: Delhi High Court purpose of this is. Commercial quantity of Ganja is 20 Kgs or more Kgs or more Recovery Made Without compliance such... 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That reliance on such technology Must be Based on 'Reasonable Grounds ': Delhi High Court Refuses Bail in bag. Phone Calls, Money Trail Connected with NDPS Accused: Punjab & Haryana High Court Refuses.. False implication to winning over of such requirements should therefore, be complete and not left in doubt declined. Implication to winning over of such witnesses BY resourceful accuseds. not in! Be complete and not left in doubt an Accused unless the Accused is to. Of Punjab, wherein the Apex Court had reached a similar conclusion not. Of the case were that brown sugar packaged in aplastic bag was retrieved from the Respondent,.... Seized his weapons myriad reasons for that ranging from false implication to winning over of such witnesses BY resourceful.! False implication to winning over of such requirements should therefore, be complete and not left in.. Recent illegal search and seizure cases 2022 Total CBP Enforcement Actions the ambulance left, they seized his weapons more... Not Ground for Grant of Bail: Karnataka High Court While Granting Bail to NDPS Accused in Jail 6...
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