S. 37 NDPS Act| 'Reasonable Grounds' Mean Something More Than 'Prima Facie' Grounds: Calcutta High Court
3 years, 1 month ago

S. 37 NDPS Act| 'Reasonable Grounds' Mean Something More Than 'Prima Facie' Grounds: Calcutta High Court

Live Law  

While interpreting Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985, the Calcutta High Court has recently opined that 'reasonable grounds' to believe that the accused has not committed an offence must be more than mere 'prima facie' grounds. "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. Enumerating further, the Court observed that enlargement on bail of any person accused of commission of an offence under the NDPS Act must satisfy two conditions- First condition is that the persecution must be given an opportunity to oppose the application; and the second, is that the Court must be satisfied that there are 'reasonable grounds for believing' that he is not guilty of such offence. Accordingly, the Court opined that in the instant case, the petitioner has failed to discharge his onus under Section 37 of the NDPS Act and accordingly remarked, "It is for the petitioner to establish by cogent and unimpeachable evidence that he was not in conversation or contact with the arrested co- accused through the mobile phones which the NCB relies upon to claim nexus between the petitioner and the other co-accused and the conspiracy between them.

High Court Court Bail Accused Cal Act Ganja Grounds Reasonable Grounds Offence Petitioner Prima Facie Ndps Act Ndps Calcutta High Court Section 37 Ncb Section 67 Susanta Manik Das Susanta Dey  high  s  grounds  bail  court  petitioner  prima  facie  offence  calcutta  ncb  ndps  reasonable  37  act  mean  accused  susanta

History of this topic

NDPS Act: All India Annual Digest 2024
1 week ago

NDPS Act: All India Annual Digest 2024

Live Law  

Interpretation of the NDPS Act - The NDPS Act must be interpreted strictly, focusing on its purpose, object, and societal impact. But when he is redeployed to the Special Squad, he has to act within the parameters of the duties and functions, assigned to the Squad, and he cannot cross the borders.” S.37 NDPS Act | Long Incarceration No Ground …

NDPS Act | Case Involving Small Quantity Bailable Under BNSS, Accused Entitled To Bail Without Filing Plea: Punjab & Haryana High Court
1 week, 6 days ago

NDPS Act | Case Involving Small Quantity Bailable Under BNSS, Accused Entitled To Bail Without Filing Plea: Punjab & Haryana High Court

Live Law  

In a significant development, the Punjab & Haryana High Court has said that case involving small quantity under the NDPS Act is "Bailable" by operation of BNSS and accused will be entitled for bail without filing bail application.The case pertains to the alleged recovery of 1 gram of heroin. In a significant development, the Punjab & Haryana High Court has …

'Shocking That IO Knew Accused Was Carrying Contraband Without Conducting Search': Himachal Pradesh HC Upholds Acquittal In Drugs Case
2 weeks, 3 days ago

'Shocking That IO Knew Accused Was Carrying Contraband Without Conducting Search': Himachal Pradesh HC Upholds Acquittal In Drugs Case

Live Law  

The Himachal Pradesh High Court has upheld an acquittal in an NDPS Act case, expressing shock over the fact that the investigating officer already knew that the accused was carrying contraband without searching him or conducting a test on the material.Justice Tarlok Singh Chauhan and Justice Sushil Kukreja, said "while perusing the consent memo of search of the accused observed …

[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
3 weeks, 4 days 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 …

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration
3 weeks, 5 days ago

78 Adjournments, No Substantial Trial: Gujarat High Court Grants Bail To NDPS Accused Citing Prolonged Incarceration

Live Law  

The Gujarat High Court recently granted regular bail to a man booked in a case under the NDPS Act after observing that while the trial had not progressed substantially, the matter had been adjourned almost 78 times leading to “prolonged incarceration” and "blink hope of a speedy trial" in the case. In doing so the high court further noted that …

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined
3 weeks, 6 days ago

NDPS Act | Gujarat High Court Grants Bail To Man In Jail For Over 3 Years, Notes Only 2 Out Of 29 Witnesses Were Examined

Live Law  

The Gujarat High Court recently granted regular bail to an man booked under NDPS Act, in view of long incarnation of three and a half years and after noting that out of 29 witnesses only two had been examined where the trial court had not give any time bound schedule of the examination of such witnessesJustice Gita Gopi in her …

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 …

[NDPS Act] No Infirmity If Forensic Lab Directly Gives Chemical Report To Trial Court, All Involved In Criminal Trial Must Reduce Delay: Calcutta HC
1 month, 1 week ago

[NDPS Act] No Infirmity If Forensic Lab Directly Gives Chemical Report To Trial Court, All Involved In Criminal Trial Must Reduce Delay: Calcutta HC

Live Law  

The Calcutta High Court has held that there can be no infirmity in the trial of an NDPS case if the forensic laboratory sends the chemical report directly to the trial court instead of it being submitted as part of the supplementary chargesheet by the investigating agency. A division bench of Justices Arijit Banerjee and Apurba Sinha Ray held that …

"Didn't Have Conscious Possession": Calcutta High Court Grants Bail To Delivery Boys Booked Under NDPS Act For Transporting Illicit Goods
1 month, 1 week ago

"Didn't Have Conscious Possession": Calcutta High Court Grants Bail To Delivery Boys Booked Under NDPS Act For Transporting Illicit Goods

Live Law  

A Division Bench of Calcutta High Court has granted bail to three accused persons who were delivery boys of Delhivery Ltd, accused of offences under the NDPS Act,1985. The division bench of Justices Tapabrata Chakraborty and Prasenjit Biswas held that the accused persons were employed as delivery boys by Delhivery and were doing their regular course of duty by picking …

In NDPS Cases Where Sentence Is Of 10 Yrs Accused Should Generally Not Be Released On Bail: Punjab & Haryana High Court
1 month, 2 weeks ago

In NDPS Cases Where Sentence Is Of 10 Yrs Accused Should Generally Not Be Released On Bail: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has said that in cases involving offences under the Narcotic Drugs and Psychotropic Substances Act, where sentence is of ten years, the accused should generally be not released on bail.Justice Manisha Batra said,"It has been seen that the denial of bail has prevented the accused from fleeing from the criminal justice and protected the …

Offences Under NDPS Act A 'Menace' Affecting The Youth: Gujarat HC Denies Bail To Man Accused Of Manufacturing Commercial Quantity Drug
1 month, 3 weeks 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 …

NDPS Act | Bald Allegation Of S. 52A Non-Compliance Won't Result In Acquittal Unless Foundational Facts Of Non-Compliance Proved : Supreme Court
Trending News
2 months ago

NDPS Act | Bald Allegation Of S. 52A Non-Compliance Won't Result In Acquittal Unless Foundational Facts Of Non-Compliance Proved : Supreme Court

Live Law  

The Supreme Court reiterated that unless the foundational facts of non-compliance of Section 52A of the NDPS Act are not proved by the accused, he cannot assert a bald allegation that the conviction for possessing contraband cannot be sustained due to non-compliance of Section 52A. The bench comprising Justices JB Pardiwala and R Mahadevan was hearing the case where the …

NDPS Act | Bald Allegation Of S. 52A Non-Compliance Won't Result In Acquittal Unless Foundational Facts Of Non-Compliance Proved : Supreme Court
Trending News
2 months ago

NDPS Act | Bald Allegation Of S. 52A Non-Compliance Won't Result In Acquittal Unless Foundational Facts Of Non-Compliance Proved : Supreme Court

Live Law  

The Supreme Court reiterated that unless the foundational facts of non-compliance of Section 52A of the NDPS Act are not proved by the accused, he cannot assert a bald allegation that the conviction for possessing contraband cannot be sustained due to non-compliance of Section 52A. The bench comprising Justices JB Pardiwala and R Mahadevan was hearing the case where the …

NDPS Act | Accused Not Present At Crime Scene Should Be Held Equally Accountable Without Leniency: Punjab & Haryana High Court
2 months, 1 week ago

NDPS Act | Accused Not Present At Crime Scene Should Be Held Equally Accountable Without Leniency: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that accused persons who are not present at the crime scene should be held equally accountable and should not be afforded any leniency under Narcotic Drugs and Psychotropic Substances Act.The Court highlighted that there is a frequent practise to implicate individuals who are not present at the crime scene and this defence …

S.52A NDPS Act | Samples Be Drawn In Presence Of Accused As Far As Possible Though Not At Spot Of Seizure : Supreme Court Summarises Principles
2 months, 1 week ago

S.52A NDPS Act | Samples Be Drawn In Presence Of Accused As Far As Possible Though Not At Spot Of Seizure : Supreme Court Summarises Principles

Live Law  

The Supreme Court yesterday summarized the principles regarding Section 52A of the Narcotic Drugs and Psychotropic Substances Act emphasizing its purpose of ensuring both the safe disposal of seized contraband and introducing procedural safeguards to maintain the integrity of the evidence. The bench comprising Justices JB Pardiwala and R Mahadevan summarized the principles regarding Section 52A in the following points: …

NDPS Act | Delhi High Court Grants Bail To Former Punjab AAG Booked For Transporting Drugs, Says Twin Conditions U/S 37 Satisfied
2 months, 1 week ago

NDPS Act | Delhi High Court Grants Bail To Former Punjab AAG Booked For Transporting Drugs, Says Twin Conditions U/S 37 Satisfied

Live Law  

The Delhi High Court has granted bail to lawyer and former Additional Advocate General for the State of Punjab in a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 last year. Justice Jasmeet Singh granted relief to Vikramjit Singh, observing that the "twin conditions" given under section 37 of the NDPS Act were "satisfied" in the case. …

NDPS Act | Grant Of Bail In Commercial Quantity Case Due To Undue Delay In Trial, Not Fettered By Bar Of S.37: Punjab & Haryana HC
2 months, 2 weeks ago

NDPS Act | Grant Of Bail In Commercial Quantity Case Due To Undue Delay In Trial, Not Fettered By Bar Of S.37: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that the grant of bail in a case pertaining to commercial quantity, on the ground of undue delay in trial, cannot be said to be fettered by Section 37 of the NDPS Act, 1985.As per Section 37 of the NDPS Act, the Court can grant bail to an accused in …

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC
2 months, 2 weeks ago

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has made it clear that while adjudicating anticipatory bail under NDPS, the manner in which the petitioner has been arraigned or implicated is a required to be seen.Justice Sumeet Goel explained, “The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and …

S. 58 NDPS Act | Proceedings Against Police Officials For Alleged Misconduct In Investigation Ought To Be Tried Summarily : Supreme Court
3 months, 2 weeks ago

S. 58 NDPS Act | Proceedings Against Police Officials For Alleged Misconduct In Investigation Ought To Be Tried Summarily : Supreme Court

Live Law  

The Supreme Court today granted relief to a retired IPS Officer, quashing a summons issued by a Special Judge and the subsequent proceedings under Section 58 of the Narcotic Drugs and Psychotropic Substances Act, 1985 over allegations of misconduct during her tenure as SP, Kurukshetra, in a narcotics case investigation. The Court said that the Special Judge is not empowered …

Intent Of S.50 NDPS Act Is To Inform Suspect Of Right To Be Taken To Officer Who Isn't Part Of Search Party : Supreme Court
3 months, 3 weeks ago

Intent Of S.50 NDPS Act Is To Inform Suspect Of Right To Be Taken To Officer Who Isn't Part Of Search Party : Supreme Court

Live Law  

The Supreme Court has observed that the intent behind Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is to inform a suspect who is about to be searched of the right to be taken to a Gazetted Officer who is not part of the raid team. The Delhi High Court bench of Justice Jagmeet Singh had granted …

[NDPS Act] Prima Facie Every Cell Of Magic Mushroom Contains Chemical, To Be Weighed Entirely To Ascertain Commercial Quantity: Madras HC
4 months ago

[NDPS Act] Prima Facie Every Cell Of Magic Mushroom Contains Chemical, To Be Weighed Entirely To Ascertain Commercial Quantity: Madras HC

Live Law  

While hearing a bail plea under the NDPS Act, the Madras High Court recently noted that every cell of 'magic mushroom' contains psychotropic chemicals and hence the entire mushroom would have to be weighed to determine if the quantity confiscated is falling under commercial quantity. Justice Bharatha Chakravarthy thus while dismissing a bail plea prima facie differed from the stand …

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 …

High Ethical Standard Expected From Medical Practitioner Running De-Addiction Centre: Punjab & Haryana HC Rejects Bail Under NDPS Act
6 months, 2 weeks ago

High Ethical Standard Expected From Medical Practitioner Running De-Addiction Centre: Punjab & Haryana HC Rejects Bail Under NDPS Act

Live Law  

The Punjab and Haryana High Court has refused to grant bail to a medical practitioner accused of illicit distribution of narcotic substances under the guise of running a De-addiction Centre, which itself was allegedly operating without any valid licence.Justice Manjari Nehru Kaul said,".general public reposes immense trust in the medical profession, particularly when seeking treatment. The Punjab and Haryana High …

Rajasthan High Court Grants Bail To NDPS Accused Who Allegedly Open Fired On Police To Evade Arrest
8 months, 1 week 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 …

NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC
9 months ago

NDPS Act | Can Convict Accused Based On Testimony Of Police/DRI Witnesses If It Inspires Confidence: Allahabad HC

Live Law  

The Allahabad High Court has observed that an accused's conviction in a case under the Narcotic Drugs and Psychotropic Substances Act may safely be based on the testimony of police witnesses or witnesses of the Directorate of Revenue Intelligence if such testimony inspires confidence. Defending the trial court's judgment, Senior Standing Counsel Digvijay Nath Dubey, appearing for the DRI, argued …

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 …

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

Bar On Grant Of Bail Under Section 37 Of NDPS Act Can't Be Invoked Where Evidence Against Accused Is Unbelievable: Delhi High Court
1 year, 1 month ago

Bar On Grant Of Bail Under Section 37 Of NDPS Act Can't Be Invoked Where Evidence Against Accused Is Unbelievable: Delhi High Court

Live Law  

The Delhi High Court has said that the bar provided under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, cannot be invoked in a case where evidence against the accused “appears to be unbelievable” and “does not seem to be sufficient for the purpose of conviction.”“The Courts are not expected to accept every allegation made by the prosecution …

NDPS Act | Calcutta High Court Suspends Conviction Of Four, Cites Infirmities In Investigation & Violations Of Mandatory Statutory Provisions
1 year, 4 months ago

NDPS Act | Calcutta High Court Suspends Conviction Of Four, Cites Infirmities In Investigation & Violations Of Mandatory Statutory Provisions

Live Law  

The Calcutta High Court has recently suspended the convictions and 15-year prison sentences of four persons under the Narcotic Drugs & Psychotropic Substances Act, for the alleged possession of commercial quantities of cannabis. The infirmities in the investigation and the violations of the mandatory provisions, dealt above, including of section 42, 52-A of the NDPS Act read with section 100 …

Calcutta High Court Grants Bail To NDPS Accused, Says No Reason To Obligate Them To Rigors Of S.37 In Absence Of Forensic Report
1 year, 4 months ago

Calcutta High Court Grants Bail To NDPS Accused, Says No Reason To Obligate Them To Rigors Of S.37 In Absence Of Forensic Report

Live Law  

A Calcutta High Court vacation bench comprising Justices Sabyasachi Bhattacharya and Partha Sarathi Chatterjee have granted bail to the petitioners who had been accused under the NDPS Act, upon noting that the rigors of Section 37 of the NDPS Act which requires a Court to only grant bail if there are reasonable grounds to believe the accused are not guilty …

"Paramount To Protect Drug Detection Squad", Punjab & Haryana High Court Directs NDPS Accused To Surrender All Weapons As Pre-Condition To Bail
1 year, 4 months ago

"Paramount To Protect Drug Detection Squad", Punjab & Haryana High Court Directs NDPS Accused To Surrender All Weapons As Pre-Condition To Bail

Live Law  

The Punjab & Haryana High Court has directed an accused person under NDPS Act to surrender all his weapons as a pre-bail condition to bail, observing that given the background of allegations against him, it becomes "paramount to protect the drug detection squad, their family members, as well as the members of society. The Punjab & Haryana High Court has …

Mere GD Entry For Recording 'Reason For Search', 'Intimation To Senior' Not Sufficient Compliance Of S.42 NDPS Act
1 year, 6 months ago

Mere GD Entry For Recording 'Reason For Search', 'Intimation To Senior' Not Sufficient Compliance Of S.42 NDPS Act

Live Law  

The Calcutta High Court’s Circuit Bench at Jalpaiguri recently granted bail to an accused under the NDPS Act, who had been charged with possession of commercial quantities of YABA Tablets.At the outset, a division bench of Justice Moushumi Bhattacharya and Justice Prasenjit Biswas observed that the commercial truck in which the contraband was being transported being owned by an individual. …

Punjab & Haryana High Court Sets Aside Conviction In Drugs Case, Says Compliance Of Section 50 Of NDPS Act Not Made
1 year, 10 months ago

Punjab & Haryana High Court Sets Aside Conviction In Drugs Case, Says Compliance Of Section 50 Of NDPS Act Not Made

Live Law  

The Punjab and Haryana High Court has observed that since the Narcotic Drugs and Psychotropic Substances Act has provisions for stringent punishment, the standard of investigation is also required to be meeting all those parameters. The court also noted that when a search is made from the body of the accused, compliance of Section 50 NDPS Act is imperative in …

Contraband Of Just Above Intermediate Quantity But Not Sizable Is An Additional Factor For Diluting Rigour Of Section 37 NDPS Act: Kerala High Court
1 year, 10 months ago

Contraband Of Just Above Intermediate Quantity But Not Sizable Is An Additional Factor For Diluting Rigour Of Section 37 NDPS Act: Kerala High Court

Live Law  

The Kerala High Court recently said that the quantity of the contraband seized being just above the intermediary quantity can be one of the grounds to dilute the rigour of Section 37 while granting bail in a case under the Narcotic Drugs and Psychotropic Substances Act. The court held that apart from the parameters already laid down by the Apex …

Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC
2 years ago

Calcutta High Court Grants Bail To Accused Under NDPS Act Citing Non-Compliance Of S.41B CrPC

Live Law  

The Calcutta High Court recently granted bail to two accused persons in a NDPS case on the grounds that Section 41B of CrPC was not complied with, there were discrepancies in the documents of seizure. While allowing the bail application of the accused persons the division bench of Justice Sabyasachi Bhattacharyya and Justice Rai Chattopadhyay held: “The provisions of Section …

Need To Remove Uncertainty Regarding Time Of Preparation Of Consent/Non-Consent Memo Qua Compliance Of S. 50 NDPS Act: P&H High Court
2 years, 1 month ago

Need To Remove Uncertainty Regarding Time Of Preparation Of Consent/Non-Consent Memo Qua Compliance Of S. 50 NDPS Act: P&H High Court

Live Law  

The Punjab and Haryana High Court last week asked the state to devise a mechanism to remove the uncertainty regarding the place, date, and time of preparation of consent/non-consent memo qua compliance of Section 50 NDPS Act. In fact, Justice Jain also suggested the State Governments to come up with some web portal on which the consent memo/non-consent memo qua …

Supreme Court Annual Digest 2022- NDPS Act
2 years, 2 months ago

Supreme Court Annual Digest 2022- NDPS Act

Live Law  

Narcotic Drugs and Psychotropic Substances Act, 1985 - Appeal against HC judgment upholding conviction of appellant under NDPS Act - Dismissed. Budhiyarin Bai v. State of Chhattisgarh, 2022 LiveLaw 667 Section 37 - Offences to be cognizable and non-bailable Narcotic Drugs and Psychotropic Substances Act, 1985; Section 37 - Appeal against High Court order that granted anticipatory bail on the …

NDPS Act: All India High Court Cases 2022
2 years, 2 months ago

NDPS Act: All India High Court Cases 2022

Live Law  

LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High Court Case Title: BIKKA PARVATHI Versus STATE REPRESENTED BY THE PUBLIC PROSECUTOR Citation: 2022 LiveLaw 18 The Andhra Pradesh High …

18 Adjournments Taken After Framing Of Charges; Reasons To Believe He's Not Guilty: P&H High Court Grants Bail To Accused In NDPS Case
2 years, 3 months ago

18 Adjournments Taken After Framing Of Charges; Reasons To Believe He's Not Guilty: P&H High Court Grants Bail To Accused In NDPS Case

Live Law  

Granting bail to an accused in a case involving recovery of 500 grams of heroin – which qualifies as 'commercial quantity' under the NDPS Act, the Punjab and Haryana High Court said his argument that he has been falsely implicated in the case gets substantiated from the fact that on 18 dates, no prosecution witness came forward for deposition before …

S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC
2 years, 4 months ago

S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC

Live Law  

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 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 …

Calcutta HC Denies Anticipatory Bail To NDPS Accused Citing Phone Connection With Person Arrested With Commercial Quantity Contraband
2 years, 4 months ago

Calcutta HC Denies Anticipatory Bail To NDPS Accused Citing Phone Connection With Person Arrested With Commercial Quantity Contraband

Live Law  

The Calcutta High Court on Monday denied anticipatory bail to an accused under the NDPS Act, citing his call details recording showing his connection with a person arrested with commercial quantity of narcotics.The Division Bench comprising Justices Debangsu Basak and Md. The Calcutta High Court on Monday denied anticipatory bail to an accused under the NDPS Act, citing his call …

'In The Face Of The Mandate Of Section 37 NDPS Act': Supreme Court Sets Aside Bail Granted To NDPS Accused
2 years, 5 months ago

'In The Face Of The Mandate Of Section 37 NDPS Act': Supreme Court Sets Aside Bail Granted To NDPS Accused

Live Law  

The Supreme Court recently set aside the bail granted to two persons accused in an NDPS case. "In the face of the mandate of Section 37 of the NDPS Act, the High Court could not and ought not to have released the accused on bail", the bench of CJI UU Lalit and Justice Bela M. Trivedi observed.As per the prosecution …

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 …

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
2 years, 6 months ago

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

Live Law  

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. The bench comprising Justice Sureshwar Thakur further noted that Section 67 of the NDPS Act begets no contradiction with …

NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court
2 years, 6 months ago

NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently 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. Adjudicating upon the …

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 …

Are All Offences Under NDPS Act Non-Bailable Irrespective Of Punishment Prescribed? Single Bench Of Bombay High Court Refers Question To Larger Bench
2 years, 8 months ago

Are All Offences Under NDPS Act Non-Bailable Irrespective Of Punishment Prescribed? Single Bench Of Bombay High Court Refers Question To Larger Bench

Live Law  

A single judge bench of the Bombay High Court has referred to a larger bench the question whether all offences under the NDPS Act, 1985 are non-bailable, irrespective of the punishment prescribed and irrespective of the fact that many offences do not even mandate imprisonment as a punishment. In Stefan Mueller, a single judge bench stated "nowhere Section 37 specifically …

Applicability Of Section 27A Is Seriously Questionable : Supreme Court Upholds Bail Granted To NDPS Accused
2 years, 8 months ago

Applicability Of Section 27A Is Seriously Questionable : Supreme Court Upholds Bail Granted To NDPS Accused

Live Law  

The Supreme Court observed that the rigours of Section 37 NDPS Act will not apply in a case where applicability of Section 27A NDPS Act is seriously questionable and there was no recovery from the accused and quantity in question was intermediate quantity.In this case, the Calcutta High Court granted bail to a person accused under Sections 21/29/27A of the …

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
2 years, 8 months ago

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

Live Law  

The Punjab and Haryana High Court has held that when dealing with a case registered under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the power to grant regular bail under Section 439 CrPC is subject to the conditions laid down in Section 37 of the NDPS Act. Power to grant bail under Section 439 of the Code …

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 …

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