NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court
2 years, 10 months ago

NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court

Live Law  

Dismissing two bail pleas filed by Accused under the Narcotic Drug and Psychotropic Substances Act, the Allahabad 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.The Bench of Justice Krishan Pahal denied bail to the two Accused booked under Sections 8/18/29. Dismissing two bail pleas filed by Accused under the Narcotic Drug and Psychotropic Substances Act, the Allahabad High Court has observed a m inor discrepancy in the weight of the sample sent to the Forensic Laboratory cannot shake the roots of the prosecution case. The Bench of Justice Krishan Pahal denied bail to the two Accused booked under Sections 8/18/29 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. Now, the accused moved to the High Court arguing that out of seven samples received, there was a difference in weight in three samples, out of which, samples P2S1 and P6S1 were found to be of 22.2 grams and 21.6 grams respectively.

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History of this topic

[NDPS Act] Not For Accused To Prove Seized Samples Were Not In Safe Custody, Burden Lies On Prosecution To Establish Safe Handling: J&K High Court
2 weeks, 1 day ago

[NDPS Act] Not For Accused To Prove Seized Samples Were Not In Safe Custody, Burden Lies On Prosecution To Establish Safe Handling: J&K High Court

Live Law  

Underscoring the importance of procedural compliance in narcotics cases, the High Court of Jammu and Kashmir and Ladakh has held that it is not for the accused to prove that seized samples were not in safe custody, rather, the burden lies on the prosecution to establish their safe handling and ensure that tampering was impossible. Additionally, it was argued that …

Offences Under NDPS Act A 'Menace' Affecting The Youth: Gujarat HC Denies Bail To Man Accused Of Manufacturing Commercial Quantity Drug
1 month, 1 week ago

Offences Under NDPS Act A 'Menace' Affecting The Youth: Gujarat HC Denies Bail To Man Accused Of Manufacturing Commercial Quantity Drug

Live Law  

The Gujarat High Court denied regular bail to a man booked under the NDPS Act for being the "main manufacturer" of the contraband Mephedrone which was found to be of commercial quantity, after considering the role stated to be played by the man noting that his act would have effect on the youth of the nation. The high court noted …

One held with over 2kg heroin in Jalalabad
1 month, 3 weeks ago

One held with over 2kg heroin in Jalalabad

Hindustan Times  

Fazilka police on Sunday arrested Kewal Singh, a resident of Chak Bajida village, with 2.41kg of heroin in Jalalabad, a sub-division of Fazilka district, officials said. A case under Sections 21-23/61/85 of the Narcotic Drugs and Psychotropic Substances Act has been registered at Police Station Sadar, Jalalabad against the accused, the police added. Fazilka senior superintendent of police Varinder Brar …

Rajasthan High Court Grants Bail To NDPS Accused Who Allegedly Open Fired On Police To Evade Arrest
8 months ago

Rajasthan High Court Grants Bail To NDPS Accused Who Allegedly Open Fired On Police To Evade Arrest

Live Law  

Rajasthan High Court has granted bail to an accused booked under Narcotic Drugs and Psychotropic Substances Act Act who allegedly open fired at the policemen at the time of arrest. It was further submitted that the fact of recovering poppy straw from the applicant's vehicle was never mentioned in the FIR. The bench of Justice Rajendra Prakash Soni acknowledged the …

Non-Explanation Regarding Nonproduction Of Remaining Contraband After Drawing Sample Creates Doubt On Prosecution Case: Kerala HC
1 year ago

Non-Explanation Regarding Nonproduction Of Remaining Contraband After Drawing Sample Creates Doubt On Prosecution Case: Kerala HC

Live Law  

The Kerala High Court allowed an appeal challenging conviction under Section 20 of the Narcotic and Psychotropic Substances Act, for non-compliance with Section 52 of the Act, which requires police officers to certify the inventory of the seized substances by a magistrate.A single judge bench of Justice K Babu remarked that “the intention of the legislature by incorporating. The Kerala …

Should Be Dealt With Iron Hand: Calcutta HC Orders Probe Into Discrepancies Between Quantity Of Drugs In Seizure List & Magistrate's Certificate
1 year ago

Should Be Dealt With Iron Hand: Calcutta HC Orders Probe Into Discrepancies Between Quantity Of Drugs In Seizure List & Magistrate's Certificate

Live Law  

The Calcutta High Court's Circuit Bench at Jalpaiguri has recently ordered the Assistant Director General of Police to conduct a probe into the difference in weight between the drugs seized from the accused, and the weight recorded in the certificate issued by the magistrate under Section 52 of the NDPS Act.A division bench of Justices Harish Tandon and Supratim Bhattacharya. …

Bombay High Court Grants Bail In NDPS Case After Seized Charas Found 10 Grams Lighter At The Time Of Inventory
1 year, 4 months ago

Bombay High Court Grants Bail In NDPS Case After Seized Charas Found 10 Grams Lighter At The Time Of Inventory

Live Law  

The Bombay High Court recently granted bail to a man accused of possession of commercial quantity of ‘Charas’ under the Narcotic Drugs and Psychotropic Substances Act, 1985 after the weight of Charas seized from him supposedly reduced in police custody. Justice MS Karnik noted the explanation given by the prosecution that the seized substance dried up over time – “though …

NDPS Act | Weight Of Neutral Substance Not To Be Ignored While Determining Quantity Of Seized Contraband: Delhi High Court
2 years, 6 months ago

NDPS Act | Weight Of Neutral Substance Not To Be Ignored While Determining Quantity Of Seized Contraband: Delhi High Court

Live Law  

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.A division bench comprising of Justice Siddharth Mridul and Justice. The …

NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC
2 years, 6 months ago

NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC

Live Law  

The Delhi High Court has observed that the effect of non-compliance of any mandatory provision under the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Investigating Officer or any irregularity or illegality committed at the time of making of the seizure memo is essentially a matter of trial and cannot be looked into at the stage of bail, unless …

NDPS Act | Duration Of Custody Alone Not Ground For Grant Of Bail: Punjab & Haryana High Court Reiterates
2 years, 7 months ago

NDPS Act | Duration Of Custody Alone Not Ground For Grant Of Bail: Punjab & Haryana High Court Reiterates

Live Law  

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. The bench comprising Justice Avneesh Jhingan placed reliance on the judgement of Supreme Court in NCB v. Mohit Aggarwal and …

NDPS Act | Violation Of Standing Orders During Contraband Sampling Leads To Adverse Inference Against Prosecution: Telangana High Court
2 years, 7 months ago

NDPS Act | Violation Of Standing Orders During Contraband Sampling Leads To Adverse Inference Against Prosecution: Telangana High Court

Live Law  

The Telangana High Court recently observed that Standing Orders with respect to sampling and seizure under the Narcotic Drugs and Psychotropic Substances Act, 1985 cannot be flouted and in the absence of substantial compliance of the Standing Orders, adverse inference has to be drawn against the prosecution. Justice K. Surender noted that while drawing samples from the seized contraband, the …

NDPS Act | Passing Secret Tip About Illicit Drugs To Gazetted Officer Before Apprehending Accused Not Reason To Doubt Prosecution Story: P&H High Court
2 years, 9 months ago

NDPS Act | Passing Secret Tip About Illicit Drugs To Gazetted Officer Before Apprehending Accused Not Reason To Doubt Prosecution Story: P&H High Court

Live Law  

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 Petitioner, seeking regular bail in matter involving recovery of more than 20 kg tablets containing …

NDPS Accused In Custody Since Over 2 Yrs, Only Three Of Eight Witnesses Examined: Punjab & Haryana High Court Grants Bail
2 years, 9 months ago

NDPS Accused In Custody Since Over 2 Yrs, Only Three Of Eight Witnesses Examined: Punjab & Haryana High Court Grants Bail

Live Law  

The Punjab and Haryana High Court recently granted bail to an accused, incarcerated since over two years in connection with alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985. "Keeping in view the fact that the petitioner has been in custody for a period of 02 years, 09 months and 14 days and the trial is likely to …

Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case
3 years ago

Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case

Live Law  

"Evidence of a public officer cannot be thrown only on the ground that he is a police officer," the Allahabad High Court has held recently while denying bail to an accused allegedly involved in a case pertaining to recover of 1,025 kg ganja.Justice Shekhar Kumar Yadav discarded the argument that the arresting officials did not comply with the mandatory provisions …

Allahabad High Court Orders Registration Of Case Against Officers For Seizing Cough Syrups As 'Psychotropic Substance'
3 years, 3 months ago

Allahabad High Court Orders Registration Of Case Against Officers For Seizing Cough Syrups As 'Psychotropic Substance'

Live Law  

The Allahabad High Court recently ordered registration of a case against the seizing party who searched and seized cough syrups from a man treating them as Psychotropic Substance and thereby granted bail to the man.The Bench of Justice Pankaj Bhatia persued the FIR registered in the matter as well as the medical report to hold that the search and seizure …

Confession To NDPS Officer Inadmissible : Allahabad HC Grants Bail In Case Of 628 Kg Ganja
3 years, 4 months ago

Confession To NDPS Officer Inadmissible : Allahabad HC Grants Bail In Case Of 628 Kg Ganja

Live Law  

The Allahabad High Court recently granted bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 in a case involving the alleged recovery of 628 Kilograms of Ganja.The Court noted that the case against the accused was based only upon the statement given by the co-accused implicating him and also upon a statement given by the …

[Section 54 NDPS Act] Bombay High Court Refuses Bail To Men Caught With Over 203 Kg Marijuana [Read Order]
4 years, 4 months ago

[Section 54 NDPS Act] Bombay High Court Refuses Bail To Men Caught With Over 203 Kg Marijuana [Read Order]

Live Law  

The Bombay High Court earlier this month refused to grant bail to two men facing prosecution for offences punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985 after being apprehended by the police along with 9 others for carrying Marijuana from Andhra Pradesh into Maharashtra weighing 203 Kg and 450 grams. Additional Public Prosecutor Arfan Sait opposed the applications …

NDPS: Mere Production Of A Laboratory Report That The Sample Tested Was Narcotics Cannot Be Conclusive Proof: SC [Read Judgment]
5 years, 7 months ago

NDPS: Mere Production Of A Laboratory Report That The Sample Tested Was Narcotics Cannot Be Conclusive Proof: SC [Read Judgment]

Live Law  

The Supreme Court has held that mere production of a laboratory report that the sample tested was narcotics cannot be conclusive proof in a case under Narcotic Drugs and Psychotropic Substances Act, 1985.The contention advanced by the accused in Vijay Pandey vs. State of UP, was that there is noncompliance with Section 50 of the NDPS Act in as much …

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