“Undermines Faith Of Common Man In Criminal Justice”: J&K High Court Calls For SITs To Address “Casual Probes” In NDPS Cases
3 months, 1 week ago

“Undermines Faith Of Common Man In Criminal Justice”: J&K High Court Calls For SITs To Address “Casual Probes” In NDPS Cases

Live Law  

Emphasising the urgent need for specialized investigative teams to handle cases under the Narcotic Drugs and Psychotropic Substances Act the Jammu and Kashmir and Ladakh High Court has observed that casual, unfair, and non-scientific investigations in NDPS cases creates a sense of insecurity and undermine the faith of the common man in the administration of the criminal justice. Directing that investigations henceforth be carried out by specialized teams trained specifically for NDPS cases and supervised by officers not below the rank of Sub-Inspector, with oversight from gazetted officers a bench of Justices Atul Sreedharan and Mohammad Yousuf Wani observed, “It is shocking that most factual and genuine cases in relation to offences under NDPS Act end in acquittals mainly on account of casual, cavalier, unfair, faulty and non-scientific investigations. Relying on precedents, the Court referred to Noor Aga vs. State of Punjab 16 SCC 417 and Balwinder Singh vs. Narcotics Control Bureau to reiterate that procedural safeguards under the NDPS Act are not mere formalities but are mandatory to ensure fair trials. Quoting from Noor Aga's judgment, the Court emphasized that “the extent of burden to prove the foundational facts on the prosecution is more onerous,” particularly given the stringent punishments under the NDPS Act.

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History of this topic

NDPS Act | Co-Accused Cannot Be Found Guilty On Mere Suspicion When Complicity Is Not Proved: Telangana High Court
1 month ago

NDPS Act | Co-Accused Cannot Be Found Guilty On Mere Suspicion When Complicity Is Not Proved: Telangana High Court

Live Law  

While dealing with a criminal appeal filed under Narcotics Drugs and Psychotropic Substances Act, the Telangana High Court has reiterated that a co-accused cannot be found guilty on mere suspicion and/or assumption when complicity is not proved. Justice K. Surender observed that the trial court had mainly relied on the fact that both accused were traveling together and also on …

Surprising That Probe In NDPS Cases Is Being Entrusted To Incompetent Officers, Casual Approach Undermines Public Faith In Criminal Justice: J&K HC
1 month, 3 weeks ago

Surprising That Probe In NDPS Cases Is Being Entrusted To Incompetent Officers, Casual Approach Undermines Public Faith In Criminal Justice: J&K HC

Live Law  

While upholding the acquittal order passed by the trial court for possessing contraband in commercial quantity, the Jammu, Kashmir & Ladakh High Court observed that the Non-compliance with mandatory provisions, such as proper sampling, immediate reporting and informing the accused of arrest grounds, renders the prosecution's case defective. The court was hearing the appeal filed by the Union Territory of …

SC quashes proceedings against former cop charged under NDPS Act
3 months, 2 weeks ago

SC quashes proceedings against former cop charged under NDPS Act

Hindustan Times  

Gurugram: The Supreme Court has overturned the proceedings initiated by a Kurukshetra Special Judge against former IPS officer Bharti Arora under the Narcotic Drugs and Psychotropic Substances Act. The court, in a strongly worded judgment, termed the earlier order as lacking judicial reasoning and described it as being issued with a “pre-determined mindset.” The Supreme Court has overturned the proceedings …

Presumptions Under NDPS Act Are Rebuttable Not Absolute, Prosecution Must First Establish Prima Facie Case: J&K High Court
6 months, 2 weeks ago

Presumptions Under NDPS Act Are Rebuttable Not Absolute, Prosecution Must First Establish Prima Facie Case: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court while upholding the acquittal of three individuals accused under the Narcotic Drugs and Psychotropic Substances Act, 1985 has ruled that the presumptions under Sections 35 and 54 of the NDPS Act are rebuttable, not absolute. The court emphasised that the prosecution must first establish a prima facie case against the accused before …

Violation Of S. 50 NDPS Act, Discrepancies In Prosecution's Evidence: Allahabad HC Acquits Accused In 33 Year Old Case
7 months, 4 weeks ago

Violation Of S. 50 NDPS Act, Discrepancies In Prosecution's Evidence: Allahabad HC Acquits Accused In 33 Year Old Case

Live Law  

The Allahabad High Court last week acquitted an accused in a 33-year-old case under the NDPS Act. The Court also noted that the prosecution's case was primarily based on circumstantial evidence, with no direct evidence linking the appellants to the possession and distribution of narcotics. During the pendency of the appeal, accused Ikarar and hence, the appeal in his respect …

NDPS Act | 'Investigating Agency Cannot Hide Proceedings From Court': Punjab & Haryana High Court Grants Acquittal Over Concealment Of Objection Raised By FSL
11 months, 3 weeks ago

NDPS Act | 'Investigating Agency Cannot Hide Proceedings From Court': Punjab & Haryana High Court Grants Acquittal Over Concealment Of Objection Raised By FSL

Live Law  

The Punjab & Haryana High Court has set aside the conviction in a case under the Narcotic Drugs & Psychotropic Substances Act on the ground that the prosecution concealed from the Trial Court that the objections were raised by the Forensic Lab on the sample sent by the investigating agency.Justice Pankaj Jain said, "Investigating agency can not hide proceedings from …

NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court
2 years, 5 months ago

NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently quashed the order of the lower court whereby charges were framed against the accused under the provisions of the NDPS Act solely based on the testimony of a co-accused recorded under Section 27 Evidence Act. Setting aside the impugned order, Justice Nandita Dubey noted that while framing the charges, the trial court ought to …

Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal
2 years, 11 months ago

Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal

Live Law  

Emphasising that procedure under Section 50 of the NDPS Act needs to be followed in a just and proper manner, the Gujarat High Court has upheld the order of the trial court in acquitting the Respondent accused of offences under Sections 8, 20, 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act. Averring that the scope in acquittal …

NDPS Act: "Is Investigation In NDPS Cases Complete Without Forensic Report Of Recovered Substance?" Supreme Court To Consider
3 years, 4 months ago

NDPS Act: "Is Investigation In NDPS Cases Complete Without Forensic Report Of Recovered Substance?" Supreme Court To Consider

Live Law  

Supreme Court on Thursday issued notice in a plea raising legal questions including 'whether investigation in NDPS cases can be considered to be completed in absence of a forensic report of the substance recovered? '.A Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli was hearing a special leave petition against order passed by the Delhi High …

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]
7 years, 8 months ago

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]

Live Law  

The Supreme Court, in Naresh Kumar vs State of HP, has held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.A bench comprising Justice L Nageswara Rao and Justice Navin Sinha, while restoring a trial court’s findings …

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]
7 years, 8 months ago

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]

Live Law  

The Supreme Court, in Naresh Kumar vs State of HP, has held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.A bench comprising Justice L Nageswara Rao and Justice Navin Sinha, while restoring a trial court’s findings …

NDPS Act, Being A Presumptive Legislation, The Interpretation Has To Be Strict: SC [Read Order]
7 years, 10 months ago

NDPS Act, Being A Presumptive Legislation, The Interpretation Has To Be Strict: SC [Read Order]

Live Law  

The Supreme Court bench of Justices L.Nageswara Rao and Navin Sinha, on Thursday, in a case under the NDPS Act, restored the acquittal by the Additional Sessions Judge, Ludhiana of an accused, which was reversed by the Punjab and Haryana High Court.The High Court, on an appeal by the State, convicted and sentenced the appellant before the Supreme Court, to …

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