S. 37 NDPS Act| 'Reasonable Grounds' Mean Something More Than 'Prima Facie' Grounds: Calcutta High Court
2 years, 10 months 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

S. 58 NDPS Act | Proceedings Against Police Officials For Alleged Misconduct In Investigation Ought To Be Tried Summarily : Supreme Court
1 week, 4 days 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
2 weeks, 4 days 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 weeks, 1 day 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
3 months, 1 week 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
3 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
5 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
6 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
8 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
10 months 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
10 months 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, 1 month 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, 1 month 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, 1 month 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 …

Punjab & Haryana High Court Sets Aside Conviction In Drugs Case, Says Compliance Of Section 50 Of NDPS Act Not Made
1 year, 7 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, 7 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
1 year, 9 months 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
1 year, 10 months 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
1 year, 11 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
1 year, 11 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 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, 1 month 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, 1 month 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, 1 month 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, 3 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, 3 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, 3 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, 4 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, 5 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 …

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, 5 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 …

Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act
2 years, 8 months ago

Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act

Live Law  

The Gujarat High Court has affirmed the acquittal of an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, on the ground that she was merely accompanying her husband and had no knowledge of contraband being carried in the bag.The Bench comprising Justice SH Vora remarked that her conscious possession as understood under the law does not surface even …

[NDPS Act] Accused Claims Standing Order Not Followed In Seizure Of Over 1 Quintal Of Ganja, Allahabad High Court Grants Bail
2 years, 9 months ago

[NDPS Act] Accused Claims Standing Order Not Followed In Seizure Of Over 1 Quintal Of Ganja, Allahabad High Court Grants Bail

Live Law  

The Allahabad High Court last week granted bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 from whose possession allegedly over 1 Quintal of Ganja was recovered.The Bench of Justice Krishan Pahal granted bail to one Om Prakash Verma who claimed before the Court that the procedure laid down in the Standing Order to be …

Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case
2 years, 9 months 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 …

Delhi High Court Clarifies Controlled Substances Are Not Affected By The Bar To Bail Under Section 37 Of The NDPS Act
2 years, 10 months ago

Delhi High Court Clarifies Controlled Substances Are Not Affected By The Bar To Bail Under Section 37 Of The NDPS Act

Live Law  

In a case involving a foreign national arrested under the Narcotics Drugs and Psychotropic Substances Act, 1985, the Delhi High Court clarified the liability of persons accused of offenses involving controlled substances and the foreigner's right to bail. Offenses to be cognizable and non-bailable.— Notwithstanding anything contained in the Code of Criminal Procedure, 1973,— every offense punishable under this Act …

Confessional Statement Recorded Under Section 67 NDPS Act Inadmissible, Reiterates Supreme Court
2 years, 11 months ago

Confessional Statement Recorded Under Section 67 NDPS Act Inadmissible, Reiterates Supreme Court

Live Law  

The Supreme Court reiterated that a confessional statement recorded under Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. The bench comprising CJI NV Ramana, Justices Surya Kant, Hima Kohli was considering an appeal filed by Narcotics Control Beauro challenging the orders passed by the High Court of Karnataka released …

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

'Prima Facie May Not Have Committed The Offence': Calcutta High Court Grants Bail To BJP Leader Rakesh Singh In NDPS Case
3 years, 1 month ago

'Prima Facie May Not Have Committed The Offence': Calcutta High Court Grants Bail To BJP Leader Rakesh Singh In NDPS Case

Live Law  

The Calcutta High Court on Wednesday granted bail to BJP leader Rakesh Singh who had been arrested by the Kolkata police on February 23 in connection with his alleged involvement in a drug recovery case. Singh had been arrested pursuant to the arrest of another BJP leader Pamela Goswami for the alleged seizure of contraband substance from a car she …

NDPS Act: "Is Investigation In NDPS Cases Complete Without Forensic Report Of Recovered Substance?" Supreme Court To Consider
3 years, 1 month 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 …

800gm heroin seizure in Haryana: HC grants bail, saying accused not properly informed of search procedure
3 years, 1 month ago

800gm heroin seizure in Haryana: HC grants bail, saying accused not properly informed of search procedure

Hindustan Times  

Chandigarh The Punjab and Haryana high court has granted bail to an accused in a 800-gram heroin seizure case as the accused was not properly informed of his rights during search at the time of alleged recovery. “No doubt, notice under Section 50 of the NDPS Act mentions the petitioner having been apprised of his rights, but the said notice …

Confession To NDPS Officer Inadmissible : Allahabad HC Grants Bail In Case Of 628 Kg Ganja
3 years, 1 month 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 …

Aryan Khan was in 'conscious possession' of drugs: Breaking down the much-debated NDPS Act
3 years, 2 months ago

Aryan Khan was in 'conscious possession' of drugs: Breaking down the much-debated NDPS Act

Firstpost  

NDPS Act dispenses with ‘dishonest intention’ and Section 35 directs the court to presume the existence of a culpable mental state for all the offences under the Act Mumbai’s Special Narcotic Drugs and Psychotropic Substances court on 21 October extended the judicial custody of Aryan Khan and others till 30 October in connection with the cruise ship drug case. So …

Aryan Khan drugs case: Why it is difficult to get bail under NDPS Act
3 years, 2 months ago

Aryan Khan drugs case: Why it is difficult to get bail under NDPS Act

India Today  

Bail is a rule, jail is an exception. Section 37 of the NDPS Act deals with the granting of bail to an accused arrested in a drugs case. It says that no person accused of an offence punishable under this law “shall be released on bail or on his own bond unless— the Public Prosecutor has been given an opportunity …

Accused could tamper with evidence if released: Court while rejecting Aryan Khan's bail plea
3 years, 2 months ago

Accused could tamper with evidence if released: Court while rejecting Aryan Khan's bail plea

India Today  

Judge VV Patil of the special Narcotic Drugs and Psychotropic Substance court on Wednesday rejected the bail plea of actor Shah Rukh Khan's son Aryan Khan and two others. READ: Aryan Khan drugs case: Complete story of arrest of SRK’s son in Mumbai cruise ship drugs case The special NDPS court further added, "Material placed on record prima-facie shows that …

Drugs Case: Aryan Khan to Spend At Least 6 More Days in Jail; Bail Order on Oct 20
3 years, 2 months ago

Drugs Case: Aryan Khan to Spend At Least 6 More Days in Jail; Bail Order on Oct 20

News 18  

Aryan Khan, the son of Bollywood actor Shah Rukh Khan, will have to spend six more days in Mumbai’s Arthur Road jail as the Special NDPS court in the city on Thursday reserved its order for October 20 on bail application in connection with the seizure of banned drugs onboard a cruise ship. Follow LIVE UPDATES During the argument, Narcotics …

Indian Law Dealing With Narcotics Drugs (NDPS Act): An Explainer
3 years, 2 months ago

Indian Law Dealing With Narcotics Drugs (NDPS Act): An Explainer

Live Law  

Recently, Shah Rukh Khan's son Aryan Khan along with seven others were charged with various sections under Narcotic Drugs and Psychotropic Substances Act,1985. The NDPS Act was enacted with the objective to make stringent provisions and consolidate the law in relation to narcotic drugs and psychotropic substances. Small Quantity versus Commercial Quantity The quantum of punishment under NDPS Act depends …

NDPS: Absence Of Recovery Of Contraband From Possession Of Accused By Itself Not A Ground To Grant Bail: Supreme Court
3 years, 3 months ago

NDPS: Absence Of Recovery Of Contraband From Possession Of Accused By Itself Not A Ground To Grant Bail: Supreme Court

Live Law  

The Supreme Court observed that bail cannot be granted to an accused under Narcotic Drugs and Psychotropic Substances Act, merely on a finding of the absence of possession of the contraband on the person of the accused.Such a finding does not absolve the court of the level of scrutiny required under Section 37 of the NDPS Act, the bench of …

'Possession Under NDPS Act Has To Be Conscious & Exclusive' : Bombay High Court Grants Bail To German National
3 years, 9 months ago

'Possession Under NDPS Act Has To Be Conscious & Exclusive' : Bombay High Court Grants Bail To German National

Live Law  

The Bombay High Court recently granted bail to a German national, who was arrested in March last year in a case registered under the Narcotic Drugs and Psychotropic Substances Act.The contraband in the case was 'charas', allegedly of commercial quantity, which was seized from the apartment of a woman, who was the first accused in the case. The Bombay High …

Non-Compliance Of Section 42 Of NDPS Act Vitiates Trial: Bombay High Court
3 years, 11 months ago

Non-Compliance Of Section 42 Of NDPS Act Vitiates Trial: Bombay High Court

Live Law  

Bombay High Court, while upholding the acquittal order of the Special Judge for Narcotic Drugs and Psychotropic Substances Act, 1985, Pandharpur, held that failure to comply with the requirements under Section 42 of the NDPS Act would affect the prosecution's case and vitiate the trial. The court noted that not only did the prosecution fail on merits, but the trial …

'Constitutional Duty Of State To Ensure Effective & Speedy Prosecution': Calcutta High Court Calls For Reports On Undertrials In NDPS Cases
4 years ago

'Constitutional Duty Of State To Ensure Effective & Speedy Prosecution': Calcutta High Court Calls For Reports On Undertrials In NDPS Cases

Live Law  

"Right of bail to an under-trial flows from Article 21 of the Constitution of India which frowns upon unnecessary and prolonged detention pending judicial adjudication of guilt," observed the Calcutta High Court on Friday while stating that the restrictions on grant of bail to an undertrial under Section 37 of the Narcotic Drugs and Psychotropic Substances Act 1985, have to …

[Section 54 NDPS Act] Bombay High Court Refuses Bail To Men Caught With Over 203 Kg Marijuana [Read Order]
4 years, 2 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 …

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