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. Drugs Controls Act, 1949 on the ground that cases of drug abuse are on the rise, which is adversely affecting the young generation. There may be myriad reasons for that ranging from false implication to winning over of such witnesses by resourceful accuseds." 60. Justice Cheekati Manavendranath Roy held that: "In the said facts and circumstances of the case, mere non-mentioning of exact quantity of ganja in F.I.R by itself is not fatal to the case of the prosecution. The court further said since the "fountainhead of the recovery" itself is missing, "I am of the view that no reliance can be placed on the recovery made from the applicant". 15. [NDPS Act] "Sampling Not Done As Per 1989 Standing Order In Seizure Of 201 KG Ganja": Allahabad High Court Grants Bail, Case title - Wali Hassan v. State of U.P. 35. 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. 82. The Punjab and Haryana High Court recently denied bail to a man, arraigned as an accused in a FIR under the Narcotic Drugs and Psychotropic Substances Act, 1985 and arrested, merely on the basis of a disclosure statement made by a co-accused. The Allahabad High Court recently granted bail to an accused under Narcotic Drugs and Psychotropic Substances Act as it noted that the constables of the Railway Police Force, who witnessed the alleged recovery, search, and seizure, cannot be said to be independent witnesses. [NDPS Act] Call Conversations B/W Co-Accused Sans Transcript Not Corroborative Material In Absence Of Substantive Evidence: PH High Court, Case title - Vikrant Singh v. State of Punjab and connected matters, The Punjab and Haryana High Court has observed that without the transcript of the conversations exchanged between the co-accused, mere call details would not be considered to be corroborative material in absence of substantive material found against the accused in a case under Narcotic Drugs and Psychotropic Substances Act, 66. Probable cause is the final reason that an officer could search a person or their property. 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. 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). Having held so, Justice Mohan Lal noted that a confessional statement recorded under Section 67 of the NDPS Act would remain inadmissible in the trial for an offence under the NDPS Act. Sections 36-A to 36-C which specify the powers of the Special Judge do not expressly state that such Special Judge can exercise the powers of the Magistrate for the purposes of Section 52-A(2) to (4) of the Act. P. C read with Section 36A(4) of the NDPS Act", Justice Sanjay Dhar explained. Charges were framed against him in November 2018 under Sections 22 and 29 of the NDPS Act. v. State of Punjab, wherein the Apex Court had reached a similar conclusion. 37. Section 37 states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. However, for non-commercial quantity, there is no such bar for grant of bail under the provision. 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. Section 37 of the NDPS Act mandates a more stricter approach than an application for bail sans the NDPS Act. 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. Highlighting the importance of a legitimate recovery procedure, the Court averred, "While a strict law is necessary to control organized crime like drug trafficking and protect the youth from the menace of drug abuse, its draconian provisions are sometimes misused by investigating agency leading to false implication and prolonged unjustified detention of individuals. "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. Being familiar with these common college search scenarios might inform students how to respond in similar situations. 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. 52. A division bench of Justices MS Sonak and Bharat Deshpande held that the blotter paper facilitates LSD's consumption as a whole. 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. It means any quantity greater than the quantity specified by the Central Government by notificationin the Official Gazette. 16.6 lakh was seized. Therefore, considering the fact that the time for completion of investigation was extended under Section 36A(4) of the NDPS Act, the lower Court has rightly dismissed the petition filed by the petitioner for grant of default bail under Section 167(2) Cr.P.C.," the Court observed in the present case. 73. NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court. 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. [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. 74. However, many people, especially young college students, do not know about those rights and may unknowingly be the victims of unlawful drug searches. ", "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. [NDPS Act] Cannabis Seeds & Leaves Excluded From Definition Of 'Ganja' Only When Not Accompanied By Flowering & Fruiting Tops: Karnataka HC, Case Title: Rangappa v. State By Basavapatna P S, Case no: CRIMINAL PETITION NO.11678 OF 2022. Prosecution in such cases primarily relies on the evidence of official witnesses particularly seizing officers to prove lawful recovery of contraband. 19. 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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. 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. The petitioner was found to be in illegal possession of 16 kgs of Ganja that he was apprehended by the police and the contraband was seized from his possession. 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. 2. 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. Did you encounter any technical issues? In the instant case, the Petitioner has been incarcerated for almost eight years now, i.e. NDPS Act | Recovery Made Without Compliance Of Section 50 Cannot Be Sustained: Delhi High Court While Granting Bail To Foreigner. 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. 11:30 AM EDT, Mon May 17, 2021. You agree to our use of cookies by continuing to use our site. 51. The Bombay High Court at Goa held that the combined weight of Lysergic Acid Diethylamide (LSD) drug and the blotting paper carrying it is necessary to ascertain if the seized drug is of a small or commercial quantity and impose punishment under the NDPS Act accordingly. 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. Justice Swarana Kanta Sharma made the observation while dismissing a revision petition filed by an accused in relation to a case registered under Narcotics Drugs and Psychotropic Substances Act, 1985, challenging the order of Trial Court wherein his plea for Default Bail was dismissed. 2022-32 was passed on June 30, 2022, the same day that the previous laws . Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985: 1. Report Filed By Investigating Officer Does Not Satisfy Mandate Of S.36A(4) NDPS Act: Kerala High Court, Case Title: Muhammed Ajmal v. State of Kerala. Heart and soul of the prosecution is the legitimacy of such recovery. 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. The Bench of Justice Krishan Pahal denied bail to the two Accused [Chhotey Lal and Kavinder Kumar] booked under. 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). 56. 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. 28. 2023 Cable News Network. 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. 16. FSL Report Forms Foundation Of NDPS Case: Punjab & Haryana High Court Grants Default Bail Despite Chargesheet, Case Title: Mukesh Pal @ Makhan Versus State of Haryana. 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. 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. 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. 3. 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. 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. 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. 69. 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