58. 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. Mohapatra held that the legislative intent is clear and in the light of interpretation of Section 52-A(2) to (4) by the Supreme Court in State of Punjab v. Makhan Chand, (2004) 3 SCC 453; Noor Aga v. State of Punjab, (2008) 16 SCC 417; Union of India v. Jarooparam, (2018) 4 SCC 334, there is no scope for invoking 'mischief rule' to read the word 'Magistrate' in the above provision as 'Special Court'. 21. Thus, the Court proceeded to issue a host of directions in this regard. 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. Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal, Case Title: State Of Gujarat Versus Paramjit @Kali Himmatsingh Chima. A Bankruptcy or Magistrate Judge? Shabbar Rashidi said that the call detail recording show the nexus of accused with a person arrested with commercial quantity contraband. The High Court dismissed the appeal of the Appellant-Authorities and confirmed the order of the acquittal by the lowerCourt on the grounds that the Respondent-Accused was not made aware of his right for being searched before the Magistrate, thereby breaching Section 50 of the NDPS Act. Warrantless Video Surveillance is . 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. 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.". 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. Act read with Section 167(2) of the Cr.P.C. 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. The Bench of Justice Deepak Kumar Agarwal further observed that the NDPS Act does not contain any bar regarding the grant of interim custody as contained in Section 52C of the Indian Forest Act, 1927. 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. Justice G Jayachandran observed that the seized contraband had not been tested for its content even after 5 years. Justice Swarana Kanta Sharma made the observation while denying bail to one Gurjeet Singh in an FIR registered under sec. 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. [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. 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. 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. The Division Bench comprising Justices Debangsu Basak and Md. P. C, it becomes clear that if an accused has been detained in connection with investigation of a case for a period of more than 180 days in an offence under NDPS Act, he is entitled to be released on bail if he is prepared to and does furnish bail unless the Special Court has extended the period of detention during investigation of the case beyond 180 days, recorded Justice Sanjay Dhar. S. 37 NDPS Act| 'Reasonable Grounds' Mean Something More Than 'Prima Facie' Grounds: Calcutta High Court, Case Title: Manik Das @Manik Chandra Das v. The Narcotics Control Bureau (NCB). Punjab and Haryana High Court while dealing with a regular bail plea in an FIR registered under the provisions of NDPS Act, held that the provisions of Section 42 of the Act, are applicable to search of buildings, conveyance, and, enclosed space, upon receipt of prior information by the investigating officer concerned when searches, are conducted in the interregnum inter-se sunset, and, sunrise. recent illegal search and seizure cases 2022 Total CBP Enforcement Actions. 46. The Delhi High Court has granted bail to a man incarcerated for almost 8 years in connection with a case registered under Narcotic Drugs and Psychotropic Substances Act, 1985, on account of inordinate delay in his trial and prolonged judicial custody. The Supreme Court of Ohio today vacated a Marion County woman's drug possession conviction, finding police illegally searched a bookbag with a baggie sticking out from the zipper.. 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 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. An officer who wants to search will typically need either permission or a warrant. 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. BAIL APPLICATION No. 77. - 18303 of 2020]. 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. The facts of the case were that brown sugar packaged in aplastic bag was retrieved from the Respondent, herein. The High Court has said that merely on the ground that the vehicle is liable to confiscation under Section 60 of the NDPS Act, it cannot be held that once the vehicle is seized for the commission of offence under the NDPS Act, interim custody cannot be granted. 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. 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. Therefore, it is as a preparation, mixture, or neutral substance within the meaning of the NDPS Act. 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. 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. 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. United States of America v. City of Seattle. 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. 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. 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. NDPS Act Does Not Bar Owner's Recourse To S.451 CrPC For Release Of Seized Vehicle On Superdari: P&H High Court. appreciated. NDPS Act | Commercial Quantity Of Contraband Seized, Mere Non-Mentioning Of Exact Weight In FIR Not Fatal To Prosecution Case: Andhra Pradesh HC, Case Title: Raju Jat Versus The State of Andhra Pradesh. 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. On search of almirah in Singh's house, a cash amount of Rs. Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure. 11. 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. ", 24. 9. 29. 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. S.63 NDPS Act Does Not Bar Owner Of Seized Vehicle To Seek Interim Custody After Expiry Of 30 Days From Date Of Seizure: Tripura High Court, Case Title : Shri Bal Krishna Mishra v The State of Tripura. So every bit in the matter of extension is void ab initio. 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.. 72. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice A.K. 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. 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. since 27.03.2014, for an offence that is punishable with a minimum imprisonment of ten years. Singh was found in possession of two polybags containing black colour material, later found to be "afeem". This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. "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. Therefore, it was held that it is not possible for the Court to direct that the powers exercisable by the Magistrate under Section 52-A could be exercised by the Special Judge under Section 36. 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. 79. 76. 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 investigation against him was complete and chargesheet was also filed before the Sessions Court. ", 48. 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.
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