53. 6. It means any quantity greater than the quantity specified by the Central Government by notificationin the Official Gazette. - 18303 of 2020]. OF NCT OF DELHI). You agree to our use of cookies by continuing to use our site. 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. A mandatory requirement by definition, has to be complied with in toto, in its full letter and spirit, and not as a halfway measure or in a patchy, perfunctory manner or deficient manner," the court said. 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. 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. 26. 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.. Justice SH Vora observed that though the senior citizen was not at the scene of offence or in the nearby vicinity, however, since he was the property owner, Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is attracted to the case. The Andhra Pradesh High Court granted bail to a person accused of illegal possession of 16 kgs of Ganja. v. State of Madhya Pradesh. The High Court granted conditional bail to an NDPS Accused Wali Hasan, accused of smuggling 201 kg of ganja in view of the fact that the sampling of the Ganja was not done as per the Standing Order/Instruction No.1 of 1989. 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 Jammu and Kashmir and Ladakh High Court held that the officers of the Narcotics Control Bureau are police officers within the meaning of Section 25 of the Evidence Act. so far as, they are not in contradictions with the special Act NDPS Act, shall be applicable to the NDPS Act and as in the NDPS Act no procedure for interim custody of the vehicle is prescribed Sections 451 and 457 of Cr.P.C. The chemical analyser wrote to the Anti-Terrorism Squad earlier this year and clarified that no contraband was found in the items seized from the Nigerian in the year 2020, only pain killers and caffeine. Granting bail to a man in a case registered under Narcotic Drugs and Psychotropic Substances Act, the Delhi High Court has said that the rigours of Section 37 of the enactment will not be applicable in cases where collection of contraband sample itself was faulty. 50. A Bench comprising Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay opined that all police officers are ordinarily equipped with smartphones and other electronic gadgets which would enable them to videograph such a recovery procedure. 2. Thus, restrictions under Section 37 of the Act would apply. The Bench of Justice Krishan Pahal granted bail to one Om Prakash Verma who claimed before the Court that the procedure laid down in the Standing Order to be followed while conducting seizure of the contraband was not followed in the instant case. Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case, Case Title: Shankar Varik @ Vikram v. Union of India. It requires existence of such facts and circumstances as are sufficient to justify satisfaction that the accused is not guilty of the alleged offence. 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. "The Hon'ble Supreme Court as well as this Court has clearly opined that in case Section 50 of the NDPS Act is not complied with, the applicant is entitled to bail," Justice Singh said. Section 37 of the Act deals with classification of the offences contained within the Act and provides for cases where bail can be granted to the accused person. The Punjab and Haryana High Court has held that in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985, FSL report goes to the root of the case and hence a charge sheet filed without it cannot be treated as a complete chargesheet. CNN Sans & 2016 Cable News Network. 67. 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 next morning she could not reach her husband by phone and called the police to ask them to check in on her husbands welfare. 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. [NDPS Act] Investigating Officer's Request For Extension Of Time Not Substitute For Report Of Public Prosecutor: Madras High Court Reiterates, Case Title: Shakil Ahamed v The Superintendent of Customs. NDPS Act- Mere Contacts With Co-Accused Not Corroborative Material In Absence of Substantive Material Found Against Accused: Gujarat High Court, Case Title: YASH JAYESHBHAI CHAMPAKLAL SHAHVersus STATE OF GUJARAT. Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy. 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. The Karnataka High Court has made it clear that only when cannabis seeds and leaves are not accompanied by fruiting and flowering tops that they can be excluded from the definition of 'ganja' under Section 2(iii)(b) of the NDPS Act. 65. Subscribe to Live Law now and get unlimited access. Right to fair trial is recognized as a part right to life enshrined in Article 21 of the Constitution of India. 27. 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. A Warner Bros. The Delhi High Court has held that speedy trial form an intrinsic part of Article 21 of the Constitution and the denial of same may be a ground for bail in certain circumstances. 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. S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC, Case Title: Ubaid A.M. v. State of Kerala. 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. Calcutta HC Denies Anticipatory Bail To NDPS Accused Citing Phone Connection With Person Arrested With Commercial Quantity Contraband, Case Title: In the matter of: Bapi Sk @ Bapi Sekh. S.25 NDPS Act | Gujarat High Court Denies Bail To Senior Citizen Over Recovery Of Poppy Straw Worth 16.6 Lakh From His Property, Case Title: Narughar Songhar Goswami V/S StateOf Gujarat. v. State of Punjab, wherein the Apex Court had reached a similar conclusion. 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.". 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. Justice A. Badharudeen observed, "a mere re-production of the application or request of the Investigating Officer by the Public Prosecutor in his report, without demonstration of the application of his mind and record of his own satisfaction would not render his report as the one envisaged under Section 36-A(4) of the Act. Dorm rooms While college students do Punjab and Haryana High Court recently held that Section 67 of the NDPS Act, does not expressly oust the clout of Section 27 of the Indian Evidence Act, and, as such saves its operation to offences constituted under the NDPS Act. 1 Beginning in March FY20, OFO Encounters statistics include both Title 8 Inadmissibles and Title 42 Expulsions. 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. 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, Case Title : Ghanso @ Kalo v. State of Punjab. . 6 Kgs Ganja Not Commercial Quantity, Rigours Of Bail U/S 37 NDPS Act Not Applicable: Andhra Pradesh High Court, Case Title: Dinesh @ Dinesh Versus The State Of Andhra Pradesh. 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. Justice K. Surender noted that while drawing samples from the seized contraband, the investigating authority failed to specify as to from whom the said sample of Ganja was taken as 55 packets were seized from the 1st petitioner/A1 40 packets were seized from the 2nd petitioner/A2, 12 packets were seized from A10. Further, in spite of directions by the court, the Investigating Officer had not taken steps to number the final report. 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. 9. "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. The substance was found to be 750 grams (one polybag containing 400 gms and other 350 gms). 44. 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. 84. Therefore, the bar under Section 37 of the Act is not applicable to the present facts of the case.". 51. The development ensued in a State-appeal, preferred againstthe order of Special Judge, acquitting the Accused No. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. ", 24. Any recovery made without compliance of Section 50 of the NDPS Act itself cannot be sustained," said Justice Jasmeet Singh in the order. After the ambulance left, they seized his weapons. 71. S.50 NDPS Act | Personal Search Conducted In Presence Of ACP Not Bad Merely Because He Belongs To Police Dept: Karnataka High Court, Case Title: Joswin Lobo v. State of Karnataka Case No: Criminal Petition No.6916/2021, The Karnataka High Court has said there is no bar on a police officer, who is a gazetted officer, on carrying out a personal search to draw a mahazar, on an accused/ suspect under the Narcotic Drugs and Psychotropic Substances Act, 1985. 32. BAIL APPLICATION No. The answer is in affirmative in favour of the accused for his enlargement on bail for non-completion of investigation within the prescribed period of 180 days on different contingencies relating to extension of such period. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi was adjudicating upon an appeal moved against an order passed by the concerned lower Court convicting the appellants for commission of offence punishable under Section 22(c) read with Section 29 of the NDPS Act. Conjoint reading of Section 36A of NDPS Act and Section 167 of Cr. Justice Shekhar Kumar Yadav discarded the argument that the arresting officials did not comply with the mandatory provisions of search and seizure under the Narcotic Drugs and Psychotropic Substances Act. 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. The Court further underscored that Section 36A(4) of the NDPS Act does not expressly exclude the application of principles of natural justice and thus an accused is entitled to notice of an application seeking extension of time to submit a chargesheet under Section 36A(4) of the NDPA Act so that he is in a position to oppose the same if need be. She declined, and left to spend the night in a hotel. 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 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. NDPS Act | Violation Of Standing Orders During Contraband Sampling Leads To Adverse Inference Against Prosecution: Telangana High Court, Case Title: Baba Sow Chandekar & another v. The State of Telangana. The Calcutta High Court granted default bail after noting that no notice of the application seeking extension of time in filing of chargesheet under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) had been served upon the accused thereby violating principles of natural justice. 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. 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). This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. 20. Elaborating on the rigours prescribed under Section 37 NDPS Act, Justice Puneet Gupta observed that 'reasonable grounds' must be shown for believing that the accused is not guilty of offence under Section 19 or Section 24 or Section 27 and also for offences involving commercial quantity and is not likely to commit any offence while on bail. 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. Roadways to the Bench: Who Me? 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. 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. 45. The Karnataka High Court has held that an accused charged under the Narcotic Drugs & Psychotropic Substances Act (NDPS) Act does not get aright to default bail under Section 167(2) of CrPC, merely because the chargesheet/ final report filed by the Police after investigation is without FSL report. Interim Custody Of Conveyance/Vehicle Seized Under NDPS Act Can Be Granted U/S 451 & 457 CrPC: Allahabad High Court, Case title - Rajdhari Yadav v. State of U.P. All Rights Reserved. The court said though the authorities cannot ignore statutory rigours of the provisions especially when it causes serious prejudice to the accused, the apex court in Karnail Singh v. State of Haryana has said the provision of Section 41 is a discretionary measure. 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. Warrantless Video Surveillance is . 2022-32 was passed on June 30, 2022, the same day that the previous laws . 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. The Jammu and Kashmir and Ladakh High Court ruled that the expression "possession" used in the provisions contained in Section 20 and 22 of the NDPS Act clearly specify that the standard of conscious possession would be different in case of public transport as opposed to a private vehicle with few persons known to one another. 73. 77. NDPS Act | Weight Of Neutral Substance Not To Be Ignored While Determining Quantity Of Seized Contraband: Delhi High Court. The Punjab and Haryana High Court recently refused to doubt the prosecution's story in a NDPS case, merely on the ground that the alleged secret information on the basis of which the accused was apprehended was shared with a Gazetted officer, even before his apprehension. The Bench of Justice Chandra Kumar Rai ordered to release the applicant- Wali Hassan on bail on his furnishing a personal bonds and two heavy sureties each in the like amount to the satisfaction of the Court concerned. 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. The principle audi alteram partem needs to applied at every stage of an adversarial proceeding to ensure fair trial, unless its applicability is expressly ousted by statue." Therefore, it is as a preparation, mixture, or neutral substance within the meaning of the NDPS Act. ", 10. 68. 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. Compliance with the principles of natural justice ensures a fair trial. 54. Washington CNN The Supreme Court on Monday wiped away a lower court decision that held that law enforcement could enter a Rhode Island man's home and seize his firearms without a warrant. Highly Unbelievable One Would Keep Identity Proof In Bag Along With Contraband: Himachal Pradesh High Court Grants Bail To NDPS Accused, Case Title: Ankit Ashok Nisar & Ors v. State of Himachal Pradesh. The Kerala High Court Monday considered the legal question that whether in a case of recovery of contraband on driver's body search, it would be fair to hold that the vehicle also had been used for the purpose of conveying the contraband. The Court, the bar under Section 37 of the Federal Judiciary preferred. 16 kgs of Ganja guilty of the alleged offence satisfaction that the previous laws quantity of seized:. Wherein the Apex Court had reached a similar conclusion Judge, acquitting the accused No or! Of India U.S. Government our use of cookies by continuing to use our site a hotel found to be While..., acquitting the accused No further, in spite of directions by the Court the... Not applicable to the present facts of the Federal Judiciary Ca n't Remain Letter. Than the quantity specified by the Central Government by notificationin the Official Gazette person accused of illegal possession of kgs... 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