NDPS Act | Standing Order Non-Compliance Not Fatal To Prosecution's Case If Recovery Proved From Other Evidence: Chhattisgarh HC
1 month ago

NDPS Act | Standing Order Non-Compliance Not Fatal To Prosecution's Case If Recovery Proved From Other Evidence: Chhattisgarh HC

Live Law  

The Chhattisgarh High Court has held that a deviation from Section 52- A of the NDPS Act or standing order will not be fatal to the prosecution case if the recovery and seizure of the contraband from the accused's possession are clearly established from other evidence in its cumulative effect. A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal observed thus while dismissing an appeal filed by an accused challenging his conviction for the offence under Section 20 NDPS Act. Against the backdrop of these submissions, the division bench, having analysed the entire evidence adduced in the case during the trial, at the outset noted that Section 42 of the NDPS had no application in this case as the vehicle in question was checked on the public place and the police authority had acted under Section 43 of the NDPS Act. Regarding the submission of the counsel for the appellant that Section 50 of NDPS Act had also not been complied with in the present case, the bench noted that Section 50 is applicable to the personal search of the accused persons, however, in the instant case, the cannabis was recovered from the vehicle belongs to the accused persons which cannot said to be his personal search.

Evidence Court Search Case Accused Vehicle Act Bench Ganja This Case Ndps Act Ndps Section 50 Section 43 Standing Order Complied  prosecutions  standing  noncompliance  hc  evidence  fatal  act  recovery  accused  search  court  order  complied  vehicle  bench  case  ndps  proved

History of this topic

'Shocking That IO Knew Accused Was Carrying Contraband Without Conducting Search': Himachal Pradesh HC Upholds Acquittal In Drugs Case
1 week, 4 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 …

S. 63 NDPS Act | Confiscation Of Vehicle Not Dependent On Outcome Of Trial, Court Needs To Deal With It Separately: Punjab & Haryana HC
1 month ago

S. 63 NDPS Act | Confiscation Of Vehicle Not Dependent On Outcome Of Trial, Court Needs To Deal With It Separately: Punjab & Haryana HC

Live Law  

The Punjab & Haryana High Court has set aside the confiscation order of a vehicle allegedly involved in a case under the NDPS Act, observing that the same was passed without following the procedure under Section 63 of the Act. Justice Harpreet Singh Brar said, "Section 63 of NDPS Act elucidates that irrespective of whether the accused is found guilty, …

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 …

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 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: …

Mere Breach Of S.52A NDPS Act Not Fatal To Trial If Contraband Recovery Otherwise Proved : Supreme Court
2 months ago

Mere Breach Of S.52A NDPS Act Not Fatal To Trial If Contraband Recovery Otherwise Proved : Supreme Court

Live Law  

Highlighting that substantive justice outweighs procedural irregularities, the Supreme Court recently upheld the conviction of an individual for possessing contraband, rejecting his plea for acquittal based on alleged non-compliance with Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court observed that mere non-compliance with Section 52A would not be fatal to the prosecution's case when other …

NDPS Act |'Taxi Driver Not Expected To Give Passenger Details' : Supreme Court Acquits Driver Of Taxi From Which Contraband Was Seized
2 months, 1 week ago

NDPS Act |'Taxi Driver Not Expected To Give Passenger Details' : Supreme Court Acquits Driver Of Taxi From Which Contraband Was Seized

Live Law  

The Supreme Court recently acquitted a taxi driver who was implicated under the Narcotic Drugs and Psychotropic Substances Act, 1985, solely for failing to provide details of passengers who had carried contraband in his taxi. The Court held that a taxi driver's inability to provide details of passengers carrying contraband could not justify implicating or convicting him under the NDPS …

NDPS Act| When Can Owner Of Vehicle Used To Carry Contraband Be Arrayed As Accused? Supreme Court Explains
Trending News
2 months, 2 weeks ago

NDPS Act| When Can Owner Of Vehicle Used To Carry Contraband Be Arrayed As Accused? Supreme Court Explains

Live Law  

The Supreme Court today outlined four distinct scenarios that arise in cases involving the seizure of vehicles used to transport narcotic substances, as punishable under the Narcotic Drugs and Psychotropic Substances Act.The bench comprising Justice Sanjay Karol and Justice Manmohan answered the possible fallouts of those scenarios i.e., whether there would be an interim release of. The Supreme Court today …

NDPS Act Doesn't Bar Interim Release Of Seized Vehicle Pending Disposal Of Criminal Case : Supreme Court
2 months, 2 weeks ago

NDPS Act Doesn't Bar Interim Release Of Seized Vehicle Pending Disposal Of Criminal Case : Supreme Court

Live Law  

The Supreme Court today held that the Narcotic Drugs and Psychotropic Substances Act, 1985 doesn't prohibit the interim release of vehicles which are seized for allegedly transporting contraband. “This Court is further of the opinion that there is no specific bar/restriction under the provisions of the NDPS Act for return of any seized vehicle used for transporting narcotic drug or …

S. 58 NDPS Act | Proceedings Against Police Officials For Alleged Misconduct In Investigation Ought To Be Tried Summarily : Supreme Court
3 months, 1 week 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, 2 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 …

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

S. 50 NDPS Act Applies Only To Personal Searches And Not To Searches Of Bags Carried By The Person: Supreme Court
6 months, 3 weeks ago

S. 50 NDPS Act Applies Only To Personal Searches And Not To Searches Of Bags Carried By The Person: Supreme Court

Live Law  

The Supreme Court recently observed that Section 50 of the Narcotic Drugs and Psychotropic Substances Act, which outlines the procedure for conducting search of a person, applies only to personal searches and not to searches of bags carried by the person being searched. “the exposition of law on the question regarding the requirement of compliance with Section 50 of the …

Violation Of S. 50 NDPS Act, Discrepancies In Prosecution's Evidence: Allahabad HC Acquits Accused In 33 Year Old Case
7 months, 3 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 | 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 …

NDPS Act | When Samples Aren't Drawn Following S.52A, FSL Report Is A Waste Paper & Can't Be Read In Evidence : Supreme Court
1 year ago

NDPS Act | When Samples Aren't Drawn Following S.52A, FSL Report Is A Waste Paper & Can't Be Read In Evidence : Supreme Court

Live Law  

The Supreme Court on Friday held that the accused cannot be held guilty of possessing narcotics and psychotropic substances if the mandate of Section 52A of the NDPS Act isn't fulfilled by the police while sending the collected sample for the Forensic Science Laboratory Test. The Supreme Court stated that while sending the sample for the FSL Test, the collected …

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 …

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 …

Section 50 NDPS | Conviction Cannot Be Sustained If Accused Were Not Informed About Their Right To Be Searched Before Magistrate/Gazetted Officer : Supreme court
1 year, 6 months ago

Section 50 NDPS | Conviction Cannot Be Sustained If Accused Were Not Informed About Their Right To Be Searched Before Magistrate/Gazetted Officer : Supreme court

Live Law  

The Supreme Court observed that if the accused were not informed about their right to be searched before a Magistrate or a Gazetted officer, it is a violation of the safeguard provided by Section 50 of the NDPS Act.In this case, the accused were convicted by the Trial Court under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, …

Mandate Of Section 52A NDPS Act Has To Be Duly Complied Before Disposal/Destruction Of Seized Narcotic Substances : Supreme Court
1 year, 8 months ago

Mandate Of Section 52A NDPS Act Has To Be Duly Complied Before Disposal/Destruction Of Seized Narcotic Substances : Supreme Court

Live Law  

The Supreme Court observed that the mandate of Section 52A of the NDPS Act has to be duly complied before any disposal/destruction of seized narcotic substances.The bench of Justices A S Bopanna and M M Sundresh observed thus while allowing an appeal filed by an accused concurrently convicted uinder Section 8 read with Section 15 of the Narcotic Drugs and …

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 …

Uttarakhand High Court Acquits Man Over 17 Years After Conviction In NDPS Case, Says Non-Compliance Of Section 50 Sufficient For Acquittal
1 year, 11 months ago

Uttarakhand High Court Acquits Man Over 17 Years After Conviction In NDPS Case, Says Non-Compliance Of Section 50 Sufficient For Acquittal

Live Law  

While acquitting a person who was convicted in 2005 under the NDPS Act, the Uttarakhand High Court said non-compliance of Section 50 of the Act makes sufficient case for acquittal. Justice Alok Kumar Verma said that, “Appellant was not informed of his legal right, therefore, non-compliance of Section 50 of the Act, 1985 makes sufficient case for acquittal.” The judgement …

S.52A NDPS Act Not Bar To Grant Interim Custody Of Seized Vehicles U/S 457 CrPC: Kerala High Court
2 years, 1 month ago

S.52A NDPS Act Not Bar To Grant Interim Custody Of Seized Vehicles U/S 457 CrPC: Kerala High Court

Live Law  

The Kerala High Court on Monday held that jurisdictional courts, such as the Special Court and Magistrate Court, are vested with the power to grant interim custody of vehicles seized in connection with offences under the Narcotic Drugs and Psychotropic Substances Act under Section 457 CrPC, irrespective of the procedure for disposal stipulated in Section 52A of the Act.Justice V.G. …

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 …

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 | 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 …

S.42 NDPS Act Not Applicable To Vehicle "In Transit", Not Mandatory To Obtain Warrant Even If Search Conducted After Sunset: P&H High Court
2 years, 6 months ago

S.42 NDPS Act Not Applicable To Vehicle "In Transit", Not Mandatory To Obtain Warrant Even If Search Conducted After Sunset: P&H High Court

Live Law  

The Punjab & Haryana High Court has highlighted that Section 42 of the NDPS Act which deals with Power of entry, search, seizure and arrest without warrant or authorization relates only to search of a building, conveyance or enclosed place and includes 'parked vehicles'. Another material distinction between search of a building, conveyance or enclosed place conducted under provisions of …

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 …

Supreme Court Quarterly Digest 2022 - NDPS Act (Jan - Mar)
2 years, 9 months ago

Supreme Court Quarterly Digest 2022 - NDPS Act (Jan - Mar)

Live Law  

Narcotic Drugs and Psychotropic Substances Act, 1985 - Appeal against HC judgment upholding conviction of appellant under NDPS Act - Dismissed. Sukhdev Singh v. State of Punjab, 2022 LiveLaw 245 Narcotic Drugs and Psychotropic Substances Act, 1985 - Appeal against HC judgment upholding conviction of appellant under NDPS Act - Dismissed. Sanjeev v. State of Himachal Pradesh, 2022 LiveLaw 267 …

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 …

S.50 NDPS Act | Personal Search Conducted In Presence Of ACP Not Bad Merely Because He Belongs To Police Dept: Karnataka High Court
3 years, 1 month ago

S.50 NDPS Act | Personal Search Conducted In Presence Of ACP Not Bad Merely Because He Belongs To Police Dept: Karnataka High Court

Live Law  

The Karnataka High Court has said there is no bar on a police officer, who is a gazetted officer, on carrying out a personal search to draw a mahazar, on an accused/ suspect under the Narcotic Drugs and Psychotropic Substances Act, 1985. A single judge bench of Justice H P Sandesh said, "Assistant Commissioner of Police is also a Gazetted …

No Bar On Granting Interim Custody Of The Vehicle Seized For Commission Of Offence Under NDPS Act: MP High Court
3 years, 1 month ago

No Bar On Granting Interim Custody Of The Vehicle Seized For Commission Of Offence Under NDPS Act: MP High Court

Live Law  

The Madhya Pradesh 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.The Bench of Justice Deepak Kumar Agarwal further observed that the …

Confessional Statement Recorded Under Section 67 NDPS Act Inadmissible, Reiterates Supreme Court
3 years, 2 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 …

Section 50 NDPS Act Conditions Not Required To Be Complied In Case Of Vehicle Search: Supreme Court
3 years, 3 months ago

Section 50 NDPS Act Conditions Not Required To Be Complied In Case Of Vehicle Search: Supreme Court

Live Law  

The Supreme Court observed that the provisions of Section 50 of the Narcotic Drugs and Psychotropic Substance Act is required to be complied in the case of personal search only with but not in the case of search of vehicle.The court also observed that merely because independent witnesses were not examined, the conclusion could not be drawn that accused was …

800gm heroin seizure in Haryana: HC grants bail, saying accused not properly informed of search procedure
3 years, 4 months 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 …

Important Judgments On NDPS Act
3 years, 4 months ago

Important Judgments On NDPS Act

Live Law  

The Supreme Court of India and various High Courts of the Country have pronounced numerous judgments in the matters related to the Narcotic Drugs and Psychotropic Substances Act, 1985. The Bench further observed that under Section 37 of the NDPS Act, the limitations on the grant of bail for offences punishable under Sections 19, 24 or 27A and also for …

NDPS: Absence Of Recovery Of Contraband From Possession Of Accused By Itself Not A Ground To Grant Bail: Supreme Court
3 years, 6 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 …

Non-Compliance Of Section 42 Of NDPS Act Vitiates Trial: Bombay High Court
4 years, 2 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 …

NDPS Trial Is Not Vitiated Merely Because Ownership Of Vehicle From Which Contraband Was Seized Is Not Established: SC [Read Judgment]
4 years, 6 months ago

NDPS Trial Is Not Vitiated Merely Because Ownership Of Vehicle From Which Contraband Was Seized Is Not Established: SC [Read Judgment]

Live Law  

The Supreme Court has observed that, to prove the case under the NDPS Act, the ownership of the vehicle from which the contraband is seized is not required to be established. What is required to be established and proved is the recovery of the contraband articles and the commission of an offence under the NDPS Act, the bench comprising Justices …

If Officers Stumble Upon Contraband During Income Tax Search It Does Not Amount To Seizure Under NDPS Act: Bombay HC [Read Judgment]
4 years, 10 months ago

If Officers Stumble Upon Contraband During Income Tax Search It Does Not Amount To Seizure Under NDPS Act: Bombay HC [Read Judgment]

Live Law  

Refusing relief to Anant Vardhan Pathak, President, Yash Birla Group, the Bombay High Court on Friday held that when officers stumble upon a contraband during an income tax raid, it does not amount to 'seizure' under the Narcotics And Psychotropic Substances Act. Mundargi vehemently opposed the Special Judge's order and submitted that he committed a manifest error in recording a …

NDPS: Non-Compliance Of Section 50 During 'Personal Search' Cannot Invalidate Recovery From Vehicle: SC [Read Judgment]
5 years, 5 months ago

NDPS: Non-Compliance Of Section 50 During 'Personal Search' Cannot Invalidate Recovery From Vehicle: SC [Read Judgment]

Live Law  

The Supreme Court has observed that merely because there was non-compliance of Section 50 of the Narcotic and Drugs and Psychotropic Substances Act as far as "personal search" of the accused was concerned, no benefit can be extended so as to invalidate the effect of recovery from the search of the vehicle.The bench comprising Justice Uday Umesh Lalit, Justice Indu …

Section 50 NDPS Act : Understanding The Jurisprudence Of Compliance
5 years, 5 months ago

Section 50 NDPS Act : Understanding The Jurisprudence Of Compliance

Live Law  

The High Court of Delhi in the case of Sumit Rai @ Subodh Rai v. State have recently reiterated the law laid down by the Apex Court in the case of Arif Khan v. State of Uttaranchal in regard with the section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Vijaysinh Chandubha Jadeja The question that came up …

Presence Of Magistrate/GO Mandatory For Search Under NDPS Act, Even If Accused Refuses The Offer: Reiterates Delhi HC [Read Judgment]
5 years, 7 months ago

Presence Of Magistrate/GO Mandatory For Search Under NDPS Act, Even If Accused Refuses The Offer: Reiterates Delhi HC [Read Judgment]

Live Law  

The Delhi High Court on Monday reiterated the settled position of law that search of an accused under Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has to be conducted, mandatorily in the presence of a Magistrate or Gazetted Officer even if the accused refuses the offer in this regard. The Respondent-prosecution contended that the Appellant was …

NDPS : Violation Of Mandatory Formalities Under Act A 'Reasonable Ground' To Grant Bail, Rules Kerala HC [Read Order]
6 years, 1 month ago

NDPS : Violation Of Mandatory Formalities Under Act A 'Reasonable Ground' To Grant Bail, Rules Kerala HC [Read Order]

Live Law  

The High Court of Kerala has held that violation of mandatory formalities under the NDPS Act, including the search procedure under Section 50 of the Act, constitute "reasonable grounds" under Section 37 to grant bail. The court's satisfaction within the meaning of sub-section 1 of Section 37 of the NDPS Act that there are reasonable grounds for believing that the …

Sec.50 NDPS Act Cannot Be Complied By Stating That Police Conducted Search With Consent Of Accused : Delhi HC [Read Judgment]
6 years, 4 months ago

Sec.50 NDPS Act Cannot Be Complied By Stating That Police Conducted Search With Consent Of Accused : Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has acquitted a person convicted under the Narcotic Drugs and Psychotropic Substances Act by holding that conditions of search under Section 50 are mandatory and that they cannot be fulfilled by the plea that accused waived the right to have the search conducted in the presence of a Magistrate or Gazetted Officer.While setting aside the conviction …

Sec.50 NDPS Act Cannot Be Complied By Stating That Police Conducted Search With Consent Of Accused : Delhi HC [Read Judgment]
6 years, 4 months ago

Sec.50 NDPS Act Cannot Be Complied By Stating That Police Conducted Search With Consent Of Accused : Delhi HC [Read Judgment]

Live Law  

The Delhi High Court has acquitted a person convicted under the Narcotic Drugs and Psychotropic Substances Act by holding that conditions of search under Section 50 are mandatory and that they cannot be fulfilled by the plea that accused waived the right to have the search conducted in the presence of a Magistrate or Gazetted Officer.While setting aside the conviction …

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