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, 3 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, 1985. 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 Vijaysinh Jadeja, the Constitution Bench had observed thus: Insofar as the obligation of the authorised officer under sub-section of Section 50 of the NDPS Act is concerned, it is mandatory and requires strict compliance. Mina Pun vs State of UP - 2023 LiveLaw 724 - 2023 INSC 776 NDPS Act, 1985 ; Section 50 - Accused were not informed about their right to be searched before a Magistrate or a Gazetted officer - There was a violation of the safeguard provided by Section 50 of the NDPS Act - Conviction cannot be sustained.

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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 …

S. 50 NDPS Act Applies Only To Personal Searches And Not To Searches Of Bags Carried By The Person: Supreme Court
3 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
4 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
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] Before Conducting Search Of Person, Accused Must Be Informed Of Right To Seek Presence Of Magistrate Or Gazetted Officer: Kerala High Court
6 months, 1 week ago

[NDPS Act] Before Conducting Search Of Person, Accused Must Be Informed Of Right To Seek Presence Of Magistrate Or Gazetted Officer: Kerala High Court

Live Law  

A single bench of Justice Mary Joseph of the Kerala High Court has held that before conducting the body search of a person, the person has to be informed of his right to have the presence of either the Magistrate or a Gazetted Officer to witness his body search. The Court held that it is settled law that a person …

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 …

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 …

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 …

Uttarakhand High Court Acquits Man Over 17 Years After Conviction In NDPS Case, Says Non-Compliance Of Section 50 Sufficient For Acquittal
1 year, 8 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 …

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 …

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 …

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, 3 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, 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 …

Supreme Court Quarterly Digest 2022 - NDPS Act (Jan - Mar)
2 years, 6 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
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 …

S.50 NDPS Act | Personal Search Conducted In Presence Of ACP Not Bad Merely Because He Belongs To Police Dept: Karnataka High Court
2 years, 10 months 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 …

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 …

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

Panch Witness Not Authorized U/S 42 Of NDPS Act To Effect Search & Seizure: Mumbai Special Court
3 years, 1 month ago

Panch Witness Not Authorized U/S 42 Of NDPS Act To Effect Search & Seizure: Mumbai Special Court

Live Law  

The alleged seizure of four ecstasy pills from Nupur Sajita, a guest on the Cordelia Cruise, is prima facie illegal, the special NDPS Court observed in its detailed order granting her bail. Special NDPS Judge VV Patil noted that on October 2, instead of an authorized officer searching Satija's room, female panch witness conducted search and seizure. Arguments Advocate Ayaz …

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 …

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 …

NDPS Act- If Search & Seizure Are Bad Then This Aspect Can Be Considered At Investigation Stage To Grant Bail: Kerala High Court
3 years, 4 months ago

NDPS Act- If Search & Seizure Are Bad Then This Aspect Can Be Considered At Investigation Stage To Grant Bail: Kerala High Court

Live Law  

The Kerala High Court recently observed that if the very search and seizure are bad and vitiated that it would cut the very root of the prosecution case and therefore, such an aspect can be considered at the stage of investigation for granting bail.The Bench of Justice K. Haripal was hearing two bail applications in connection with an FIR registered …

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 …

Witness statements, confessions in narcotics cases aren't evidence admissible in court: SC
4 years, 1 month ago

Witness statements, confessions in narcotics cases aren't evidence admissible in court: SC

India Today  

Even as a large number of narcotics cases in the country are based on confession and witness statements, a Supreme Court verdict on Thursday has now put a stop to the practice. In a 2:1 judgment on interpretation of sections 53 and 67 of the NDPS Act, the Supreme Court bench headed by Justice Rohinton F Nariman has given two …

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