64. 79. Railway Police Force Constables Not Independent Witnesses: Allahabad High Court Grants Bail To NDPS Act Accused, Case title - Aditya Kumar v. Union Of India Through Narcotic Control Bureau, Lucknow [CRIMINAL MISC. It also appears that neither such procedure is followed", 36. S. 37 NDPS Act| Court's Prima Facie Satisfaction In Favour Of Accused Must Be Based On 'Reasonable Grounds': Delhi High Court. 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. 39. 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. "By imposition of such conditions, the physical custody of the accused does not vest with the Court as his movement is not in any way restricted. 74. 78. 62. 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. 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. 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. 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. 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. Case Title: ZAKIR HUSSAIN v STATE BY INTELLIGENCE OFFICER. 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. However, for non-commercial quantity, there is no such bar for grant of bail under the provision. 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 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. 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. She declined, and left to spend the night in a hotel. 17. Act read with Section 167(2) of the Cr.P.C. 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. Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure. The Bombay High Court granted bail to a priest who is accused of growing cannabis plants in the temple premises in Pune. 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. Case title - Om Prakash Verma v. State of U.P. 47. 45. 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, Case Title: Amit Khurana Versus State Of Haryana. 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. 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). Justice Bibhas Ranjan De observed, "It is axiometic that 'reasonable grounds' means something more than prima facie grounds. So every bit in the matter of extension is void ab initio. 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. 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 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". 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. 67. "Evidence of a public officer cannot be thrown only on the ground that he is a police officer," the High Court held while denying bail to an accused allegedly involved in a case pertaining to recover of 1,025 kg ganja. The Jammu and Kashmir and Ladakh High Court reiterated that merely because Section 37 of the NDPS Act comes into play where commercial quantity of contraband is involved, it does not mean that the accused cannot be entitled to bail whatever may be the circumstances that may be borne out from the record. [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. 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. 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. United States of America v. City of Seattle. 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. ", "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. A Bankruptcy or Magistrate Judge? 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. On search of almirah in Singh's house, a cash amount of Rs. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. A division bench comprising of Justice Siddharth Mridul and Justice Amit Sharma was dealing with a plea wherein three questions were referred to it by a single judge bench concerning the issue pertaining to miniscule percentage of a narcotic substance under the Act. "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. 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. The Bench of Justice Sanjay Dhar observed thus as it and that this is the job of the Government to take decisions over including a particular drug in the list of 'manufactured drugs' or 'psychotropic substances' under the NDPS Act. The Andhra Pradesh High Court granted bail to a man accused of possessing 6 Kgs of Ganja, observing that the same is not a "commercial quantity" and thus the case for grant of bail will not be governed under Section 37 of NDPS Act. The Andhra Pradesh High Court observed that mere non-mentioning of exact quantity of ganja in FIR will not render prosecution's case meritless, if the amount obtained from the accused is a commercial quantity. Probable cause is the final reason that an officer could search a person or their property. Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act, Case Title: Union Of India Thro Amitkumar,Intelligence Officer Or His Successor In Office Versus State Of Gujarat. v. State of Kerala. NDPS Act | Non-Compliance Of Section 41 No Ground For Granting Bail, Rigours Of Section 37 Still Have To Be Met : Delhi High Court. [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. Thus, restrictions under Section 37 of the Act would apply. 59. 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. 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. 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. Denial Of Speedy Trial Infringes Fundamental Right Under Article 21, May Be A Ground For Grant Of Bail: Delhi High Court, CASE TITLE: GURMITO v. CENTRAL BUREAU OF INVESTIGATION. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985: 1. "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. Thus, the Court proceeded to issue a host of directions in this regard. . 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. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985:1. "As per the provisions of the NDPS Act, the investigation has to be completed within 180 days from the date of arrest of the accused. florida city gas installation. When Drug Was Recovered On Driver's Body Search, It Can't Be Held That Vehicle Was Used For Conveying Contraband : Kerala High Court, Case Title: Wilson C.C. 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. Warrantless Video Surveillance is . 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. 37. recent illegal search and seizure cases 2022 Total CBP Enforcement Actions. He was from the forensic sciences laboratory in Kalina. An officer who wants to search will typically need either permission or a warrant. 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. The court made the observation while granting bail to Pratap Singh, who was in custody in the case since March 09 last year. 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. 8. 2. 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. 22. Prosecution in such cases primarily relies on the evidence of official witnesses particularly seizing officers to prove lawful recovery of contraband. "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 Delhi High Court has granted bail to an accused in an NDPS case, observing that 'Khad' cannot be solely interpreted to mean drugs or contraband. The Division Bench comprising Justices Debangsu Basak and Md. Tuesday, August 10, 2021. Act revolve around recovery of narcotic substance from the accused. 23. 70. 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. 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. 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. Draconian Provisions Of NDPS Act Misused: Calcutta High Court Orders Mandatory Videography Of Recovery Procedure, Case Title: In the matter of : Kalu Sk. "This Court finds force in the submission of the learned APP, Assam that offences under the NDPS Act are part of an organized crime wherein different roles are played by different accused persons. 53. 2023 Cable News Network. 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. 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. appreciated. 5. The Delhi High Court on Friday observed that if the contraband seized falls within the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the weight of the neutral substance would not be ignored while determining the nature of the quantity seized, whether small quantity, commercial quantity or in between. 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. 71. 84. As readers may know, S.L. 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. 69. 50. 61. It requires existence of such facts and circumstances as are sufficient to justify satisfaction that the accused is not guilty of the alleged offence. - 18303 of 2020]. "The compliance of such requirements should therefore, be complete and not left in doubt. Therefore, recovery or seizure cannot be held to be a sine qua non for the arrest/detention or even for conviction if there are other convincing and corroborating materials which in the present case are abundantly available. 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 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. recent illegal search and seizure cases 2022kentucky probate forms inventory. Most of the cases registered under the N.D.P.S. - 3607 of 2021]. 46. 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. A lower court had allowed the search, holding that the decision to take the firearms without a warrant fell within the Fourth Amendments community caretaking exception., But Justice Clarence Thomas, writing for a unanimous Supreme Court, held that the lower courts broad interpretation of the exception goes beyond anything this Court has recognized.. 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. 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. Your effort and contribution in providing this feedback is much NDPS Act | Weight Of Neutral Substance Not To Be Ignored While Determining Quantity Of Seized Contraband: Delhi High Court. 60. 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. 14. Fiscal Year 2022 runs October 01, 2021 - September 30, 2022. 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 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). 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. 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. Status Conference. 43. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. @ Kuran v. State. A Warner Bros. 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. Subscribe to Live Law now and get unlimited access. The Punjab and Haryana High Court recently held that the sample parcels of alleged contraband that is sent to Forensic Science Laboratory is "case property" and must be produced before trial Court under FSL seal, after the forensic examination is completed. 32. Calcutta HC Grants Default Bail To Accused For Non-Compliance Of Notice Of Application For Extension Of Time U/S 36A(4) NDPS Act, Case Title: Naimuddin Laskar @ Naim v. The State of West Bengal. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice A.K. v. State of Madhya Pradesh. Section 37 of the NDPS Act mandates a more stricter approach than an application for bail sans the NDPS Act. 12. BAIL APPLICATION No. 21. 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. 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. 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. 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 observation came in a case pertaining to recovery of 214 kgs Ganja in 107 packets from two vehicles. ", 18. 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. 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. 27. 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. [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. The Delhi High Court has observed that the object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention. OF NCT OF DELHI). [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. While the court has recognized that police officers can perform many civic tasks in modern society, there is not an open-ended license to perform them anywhere, Thomas wrote. 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. Section 37 states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. 72. 54. 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. The Punjab and Haryana High Court while dealing with a petition against refusal of default bail to an accused under the NDPS Act, directed Director General(s) of Police, to ensure that all the investigating officers in NDPS cases, are completed within 180 days and a report under Section 173 of CrPC is submitted. Audi alteram partem or hear the other side is one of the fundamental pillars of the principles of natural justice. 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. 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. 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.

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