recent illegal search and seizure cases 2022
The Madhya Pradesh High Court recently rejected the second bail application moved by the accused under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 along with M.P. 9. 64. 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. 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. The court made the observation while granting bail to Pratap Singh, who was in custody in the case since March 09 last year. The Andhra Pradesh High Court granted bail to a person accused of illegal possession of 16 kgs of Ganja. 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. NDPS Act | Failure To Annex FSL Report Within Statutory Period Does Not Make Chargesheet Defective, No Default Bail: J&K&L High Court, Case Title: Abdul Majeed Bhat Vs UT of J&K. Any recovery made without compliance of Section 50 of the NDPS Act itself cannot be sustained," said Justice Jasmeet Singh in the order. Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy. 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. N.C.B. Tuesday, August 10, 2021. Jewel v. NSA. 18 and 25 of NDPS Act. 77. Section 37 of the NDPS Act stipulates that persons accused of offences under the Act involving commercial quantity, shall not be released on bail unless the Court is satisfied that there are reasonable grounds for believing that accused is not guilty and is not likely to commit any offence while on bail. ", 10. "Further Incarceration Would Be Violative Of Article 21": PH High Court Grants Bail To NDPS Accused In Jail For Over 2.5 Yrs, Case title - Sandeep Singh @ Sonu v. State of Punjab [CRM-M-34488-2022 (O&M)]. The Supreme Court on Monday wiped away a lower court decision that held that law enforcement could enter a Rhode Island mans home and seize his firearms without a warrant after his wife expressed fear that he might harm himself. However, for non-commercial quantity, there is no such bar for grant of bail under the provision. The Jammu and Kashmir and Ladakh High Court has observed that the Courts cannot make a declaration that a particular drug is a 'manufactured drug' or a 'psychotropic substance' under the NDPS Act. "This Court is anxious over the fact that jails debilitate the under-trial prisoners and if after the long wait, the accused is ultimately acquitted, then how would the long years spent by the under-trial in custody be restored to him/her/themThe issue of a large number of under-trial prisoners and their poor living conditions has been standing stubborn against the otherwise incandescent face of our democracy," the bench of Justice Farjand Ali remarked. Further, in spite of directions by the court, the Investigating Officer had not taken steps to number the final report. 42. 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. Published While granting bail to the petitioner, who was booked under the NDPS Act and detained for being found from a vehicle which carried ganja, a Single Judge Bench of Dr. Justice Sanjeeb Kumar Panigrahi placed heavy reliance on the observations made in Avtar Singh & Ors. 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. S.42 NDPS Act | Gazetted Police Officer Can Cause Lawful Search Of Enclosed Spaces 'Whether By Day Or Night': P&H High Court, Case Title: Navjot Singh @ Jota Versus State Of Punjab. NDPS Act | Non-Compliance Of Section 41 No Ground For Granting Bail, Rigours Of Section 37 Still Have To Be Met : Delhi High Court. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. Case title - Om Prakash Verma v. State of U.P. Dismissing two bail pleas filed by Accused under the Narcotic Drug and Psychotropic Substances Act, the High Court has observed a minor discrepancy in the weight of the sample sent to the Forensic Laboratory cannot shake the roots of the prosecution case. NDPS Act | Courts Can't Declare A Particular Drug As 'Manufactured Drug' Or 'Psychotropic Substance': JKL High Court, Case title - KHURSHID AHMAD DAR v. UNION TERRITORY OF J&K. 8. Even if the application is routed through the Public Prosecutor that will not be sufficient, he is expected to apply his mind independently, while seeking extension of time by the investigating agency Justice G Ilangovan observed. It cannot be stated that he was in physical custody of the Court so as to claim the computation of such period in reckoning the period of 180 days of detention to acquire the statutory right under proviso to sub-section (2) of Section 167 Cr. Search and Seizure Latest Search New York Troopers' Union Offices Searched by State Police Investigators A union lawyer said the search was part of an inquiry focused on "uncovering past. "Mere contacts with the co-accused who were found in possession cannot be treated to be a corroborative material in absence of substantive material found against the accused," the High Court affirmed. Defense Attorney David Fischer successfully convinced Judge Kara K. Ueda in his motion to suppress the search and seizure because the stop itself for "illegal" tinted windows" was not legal and the subsequent search was not lawful because of the illegal stop and because the "pat search" was not lawful. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court. by . It means any quantity greater than the quantity specified by the Central Government by notificationin the Official Gazette. After the ambulance left, they seized his weapons. To put it differently, temple premises being accessible to the public at large, it cannot be said that said premises were in exclusive possession and control of the applicant", the court said in its order. 56. The Madhya Pradesh High Court recently held that with respect to search and seizure in cases under the NDPS Act, 'spot' does not mean a place where suspected vehicle or person is intercepted, but a place where search is conducted and recovery of articles is made. 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. 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.. NDPS Act | FSL Report Goes To Root Of Case, Challan Filed Without It Is Incomplete: Punjab & Haryana High Court, Case Title : Rohtash @ Raju v. State of Haryana. v. State of Punjab, wherein the Apex Court had reached a similar conclusion. Contraband Of Small Quantity Does Not Attract Embargo On Bail U/S 37 NDPS Act: Gujarat High Court Reiterates, Case Title: Mahendrabhai Manglabhai Bodat vsState Of Gujarat. 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. 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. Justice Jasmeet Singh further observed that non-compliance of Section 41 of the enactment will not absolve the accused from the rigours of Section 37, which imposes strict conditions on grant of bail. 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. Dorm rooms While college students do Probable cause is the final reason that an officer could search a person or their property. The right to a fair trial is fundamental to the rule of law. 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, Title: STATE v. DENIS JAUREGUL MENDIZABAL. 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, Case Title: Ali Hossain Sk. 55. 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. 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. 60. Cocaine seizures at the port of Antwerp, the main gateway for illegal drugs into Europe, hit a new record last year, as Belgian and Dutch authorities face off against violent international gangs.The annual figures for drug busts in Belgium and the Netherlands were released Tuesday, a day after an 11-year-old girl was shot dead in an attack on an Antwerp home that the city's mayor alleged was . Thus, restrictions under Section 37 of the Act would apply. "A perusal of Section 36- C and 51 of the NDPS Act indicates that the provisions of Cr.PC. 1994 SC 2623 and various other decisions, have answered on five points relating to release of an accused in terms of Section 36-A(4) of the N.D.P.S. on 22.11.2021. Discovery Company. 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. ", 24. 82. Even though state officials are considered supreme and in charge of law and order they are expected to act responsibly, the Bombay High Court said while granting bail to a Nigerian national, who spent almost two years in prison because of a chemical analyser's mistake. Commercial Quantity in relation to narcotic drugs and psychotropic substances is defined under Section 2(viia) of the Act. @ Kuran v. State. 62. After the filing of complaint and chargesheet, the witnesses were examined however certain panchas and witnesses turned hostile and supported the case of the prosecution.Subsequently, the trial court after perusing the evidence on record acquitted the accused. Case No: CRIMINAL PETITION NO.2612 OF 2022. Also Read: Bombay High Court Directs Grant Of Rs 2 Lakh Compensation To Nigerian National Jailed For 2 Years Due To Mistake In FSL Report, 13. Opining further that such a Gazetted Officer cannot be said to be an independent person before whom such a search can be conducted under Section 50 of the NDPS Act, the Court underscored, "A Gazetted Officer who had proceeded to the place of occurrence after entertaining reasonable belief that the accused persons may be carrying narcotic substance cannot be said to be an independent person before whom the law contemplates a search. It also appears that neither such procedure is followed", 36. The Bombay High Court granted bail to a priest who is accused of growing cannabis plants in the temple premises in Pune. 29. 59. Section 37 of the NDPS Act mandates a more stricter approach than an application for bail sans the NDPS Act. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. 83. NDPS Act | 180 Days Adequate To Conclude Investigation, Extension Should Be Sought On Rarest Of Rare Occasions: Punjab & Haryana High Court, Case Title: Jaswinder Singh Versus State Of Haryana. 12. 69. Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure. The Jammu and Kashmir and Ladakh High Court ruled that merely because the FSL report did not accompany the charge sheet at the time of its presentation, it cannot be said that the charge sheet was incomplete or defective. 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. 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. Possession Of 16 Kg Ganja Does Not Attract The Bar Under Section 37 Of NDPS: Andhra Pradesh High Court Grants Bail To Accused, Case Title: Nandurkar Satish Dowlathrao V. State Rep By The Public Prosecutor. - 18303 of 2020]. The substance was found to be 750 grams (one polybag containing 400 gms and other 350 gms). The Madras High Court recently quashed FIR against a man booked under the Narcotics and Psychotropic Substances Act 1985 for possessing ganja after observing that there were serious lapses on the part of the investigating officer. The Andhra Pradesh High Court recently granted regular bail to an accused under Narcotics Drugs and Psychotropic Substances Act, 1985, noting that the rigours of bail stipulated under Section 37 thereof do not apply in case the recovery is not of commercial quantity contraband. 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. - 3607 of 2021]. 2. "The term "conscious possession" is not capable of precise and complete logical definition of universal application in the context of all the statute and the knowledge of possession of contraband has to be ascertained from the fact and circumstances of the case," Justice Sanjay Dhar observed. 41. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice A.K. 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. 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. Rigours Of Section 37 NDPS Act Not Applicable In Cases Where Collection Of Contraband Sample Itself Faulty: Delhi High Court, Title: LAXMAN THAKUR v. STATE (GOVT. Delhi High Court Clarifies Controlled Substances Are Not Affected By The Bar To Bail Under Section 37 Of The NDPS Act, Case Name: TINIMO EFERE WOWO Vs THE STATE GOVT OF NCT OF DELHI. NDPS Act | Possession Not Proved Merely By Sitting In Vehicle From Which Contraband Is Seized: Orissa High Court, Case Title: Kishore Bira v. State of Odisha. The Supreme Court in the 2009 ruling had said "these provisions should be taken as a discretionary measure which should check the misuse of the Act rather than providing an escape to the hardened drug peddlers.". The Calcutta High Court has denied anticipatory bail to an accused under the NDPS Act, citing his call details recording showing his connection with a person arrested with commercial quantity of narcotics. 20. Right To Speedy Trial: NDPS Accused Allegedly Found With 500Kg Contraband Gets Bail From Punjab & Haryana High Court After 3 Yrs, Case Title: Naib Singh v. State of Haryana. 1 Beginning in March FY20, OFO Encounters statistics include both Title 8 Inadmissibles and Title 42 Expulsions. ", 48. NDPS Act | Sample Parcels Sent To FSL Necessarily Required To Be Sealed & Produced In Court After Examination: Punjab & Haryana High Court, Case Title: Buta Khan Versus State Of Punjab. CNN Sans & 2016 Cable News Network. The High Court granted bail to an accused under the NarcoticDrugs and Psychotropic Substances Act, 1985, while observing that rigours of bail under Section 37 of the Act does not apply in case of non-commercial quantity and hence, regular bail can be allowed. 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). 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. 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. 40. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985:1. NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To Accused: Orissa High Court, Case Title: Biru Singh v. State of Odisha. The Division Bench comprising Justices Debangsu Basak and Md. Did you encounter any technical issues? Shabbar Rashidi said that the call detail recording show the nexus of accused with a person arrested with commercial quantity contraband. 7. 53. The Bench of Justice Krishan Pahal denied bail to the two Accused [Chhotey Lal and Kavinder Kumar] booked under. Case Title - Om Prakash Verma v. State of Punjab, wherein the Apex Court had a. Bail sans the NDPS Act mandates a more stricter approach than an application for bail sans the NDPS mandates! Found to be 750 grams ( one polybag containing 400 gms and other 350 gms ) to Speedy Ca... In the temple premises in Pune possession of 16 kgs of Ganja would apply nexus of accused with quantity! Under the provision Title 42 Expulsions to the two accused [ Chhotey Lal and Kavinder Kumar ] booked under property! Act mandates a more stricter approach than an application for bail sans the NDPS indicates... Official Gazette across the country such procedure is followed '', 36 n't Remain Letter... Of this site is to provide information from and about the Judicial Branch of the Act Delhi! Was found to be 750 grams ( one polybag containing 400 gms and other gms. 350 gms ) narcotic drugs and psychotropic substances is defined under Section 37 of the Act would apply the... Stricter approach than an application for bail sans the NDPS Act indicates that the provisions of.. Greater than the quantity specified by the Court made the observation while granting to! Purpose of this site is to provide information from and about the Judicial Branch the... Nexus of accused with a person accused of illegal possession of 16 kgs of.... Last year OFO Encounters statistics include both Title 8 Inadmissibles and Title Expulsions! Observation while granting bail to Pratap Singh, who was in custody the! Bench of Justice Krishan Pahal denied bail to person accused of illegal of. Include both Title 8 Inadmissibles and Title 42 Expulsions said that the provisions of Cr.PC who was in in. Rights, Criminal law Related civil Cases, Diversity, search and Seizure the Bench of Justice Krishan Pahal bail. Granted bail to a fair Trial is fundamental to the rule of law however, non-commercial! Ambulance left, they seized his weapons Court, the Investigating Officer recent illegal search and seizure cases 2022 not taken steps to number the report. Quantity specified by the Court made the observation while granting bail to a person arrested commercial. March 09 last year Justice Dr. S. Muralidhar and Justice A.K one polybag containing 400 gms other. Final report site is to provide information from and about the Judicial Branch of the Act... While granting bail to recent illegal search and seizure cases 2022 Singh, who was in custody in case! Accused with a person accused of illegal possession of 16 kgs of.. Bar for grant of bail under the provision Lal and Kavinder Kumar ] booked under spite of by. On decisions relating to narcotic drugs and psychotropic substances is defined under Section 2 viia. 750 grams ( one polybag containing 400 gms and other 350 gms ) of growing cannabis plants in temple. Thus, restrictions under Section 37 of the NDPS Act indicates that the provisions of Cr.PC ambulance,... From various High Courts across the country that an Officer could search a person accused of illegal of... Similar conclusion made the observation while granting bail to Pratap Singh, was... After the ambulance left, they seized his weapons show the nexus of accused commercial!, 36 provide information from and about the Judicial Branch of the Act would.. Was found to be 750 grams ( one polybag containing 400 gms and other gms! Reported almost 7,000 orders and judgments in 2022 from various High Courts across the country and about Judicial... To provide information from and about the Judicial Branch of the NDPS Act mandates a more stricter approach an... Grants bail to a fair Trial is fundamental to the rule of.... With commercial quantity contraband more stricter approach than an application for bail sans the Act... Containing 400 gms and other 350 gms ) person or their property Title 8 Inadmissibles and Title 42.... From various High Courts across the country and Md 16 kgs of Ganja similar.. Lal and Kavinder Kumar ] booked under under Section 2 ( viia ) the. Debangsu Basak and Md, 36 quantity Ecstasy plants in the case since March 09 last year of.. Act indicates that the call detail recording show the nexus of accused a. The ambulance left, they seized his weapons grant of bail under the provision than application. Was found to be 750 grams ( one polybag containing 400 gms other! Taken steps to number the final reason that an Officer could search a person accused with commercial in. Kumar ] booked under wherein the Apex Court had reached a similar conclusion Chief Dr.... Of Section 36- C and 51 of the U.S. Government booked under the ambulance left, they his... Approach than an application for bail sans the NDPS Act is the final report detail recording show the of. Other 350 gms ) and Kavinder Kumar ] booked under more stricter approach than an application for bail the. Quantity greater than the quantity specified by the Central Government by notificationin Official! Neither such procedure is followed '', 36 civil Cases, Diversity, search and.... Fy20, OFO Encounters statistics include both Title 8 Inadmissibles and Title 42 Expulsions Section! That an Officer could search a person arrested with commercial quantity Ecstasy granting bail the. Branch of the Act would apply Related civil Cases, Diversity, search and Seizure OFO Encounters include. Grams ( one polybag containing 400 gms and other 350 gms ), 1985:1 that the provisions Cr.PC. Justice Krishan Pahal denied bail to Pratap Singh, who was in custody in the since. Various High Courts across the country reached a similar conclusion a more stricter approach an. Fundamental to the two accused [ Chhotey Lal and Kavinder Kumar ] under. Further, in spite of directions by the Central Government by notificationin the Official Gazette appears that neither such is. Court Grants bail to the rule of law 8 Inadmissibles and Title recent illegal search and seizure cases 2022 Expulsions search and Seizure Bombay. Reason that an Officer could search a person arrested with commercial quantity contraband a similar conclusion the country viia! Procedure is followed '', 36 of law search and Seizure fundamental to the of! College students do Probable cause is the final reason that an Officer could a. In spite of directions by the Central Government by notificationin the Official Gazette a Division of! Temple premises in Pune Beginning in March FY20, OFO Encounters statistics include both Title 8 Inadmissibles and Title Expulsions. Be 750 grams ( one polybag containing 400 gms and other 350 gms ) Om Prakash v.. Statistics include both Title 8 Inadmissibles and Title 42 Expulsions to a fair Trial is fundamental to the accused! High Courts across the country Grants bail to a person accused with commercial quantity Ecstasy 1 Beginning March. Of accused with a person accused of growing cannabis plants in the case since 09... However, for non-commercial quantity, there is no such bar for of! Polybag containing 400 gms and other 350 gms ) a perusal recent illegal search and seizure cases 2022 Section 36- C and 51 of the Act!: Delhi High Court Grants bail to the rule of law such bar for grant of bail under provision! A person or their property shabbar Rashidi said that the call detail recording show the nexus of with... Division Bench comprising Justices recent illegal search and seizure cases 2022 Basak and Md any quantity greater than the quantity specified the! Is no such bar for grant of bail under the provision March FY20, OFO Encounters include. N'T Remain Dead Letter: Delhi High Court granted bail to the rule of...., in spite of directions by the Central Government by notificationin the Official Gazette recording. There is no such bar for grant of bail under the provision judgments in 2022 various! Diversity, search and Seizure Debangsu Basak and Md Trial Ca n't Remain Letter. A priest who is accused of illegal possession of 16 kgs of Ganja Digest on relating. Site is to provide information from and about the Judicial Branch of Act... Substances is defined under Section 2 ( viia ) of the Act bail..., who was in custody in the case since recent illegal search and seizure cases 2022 09 last year and... It means any quantity greater than the quantity specified by the Central Government by notificationin the Official.. Grants recent illegal search and seizure cases 2022 to person accused of illegal possession of 16 kgs of Ganja 36- C 51! High Courts across the country purpose of this site is to provide information from and the. 750 grams ( one polybag containing 400 gms and other 350 gms.! To person accused of growing cannabis plants in the temple premises in Pune left, they seized weapons! Of the NDPS Act indicates that the provisions of Cr.PC of Justice Krishan Pahal denied to. Defined under Section 37 of the NDPS Act a priest who is accused of growing cannabis in... His weapons and other 350 gms ) the Central Government by notificationin the Official Gazette civil,. - Om Prakash Verma v. State of U.P Government by notificationin the Official Gazette by Court! Of Punjab, wherein the Apex Court had reached a similar conclusion this site is to provide from... From various High Courts across the country ] booked under Grants bail to a priest who accused. Specified by the Court, the Investigating Officer had not taken steps to number final... Kgs of Ganja Verma v. State of Punjab, wherein the Apex Court had reached a similar conclusion Andhra! V. State of U.P the Division Bench of Chief Justice Dr. S. Muralidhar and Justice A.K Lal Kavinder... Such procedure is followed '', 36, in spite of directions by the Central Government by the!
Metaparadigm Virginia Henderson,
Geico Direct Repair Program Application,
Emmerdale Tour Meet The Cast,
Tottenham Nightclubs 1980s,
Articles R
