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

SC quashes proceedings against former cop charged under NDPS Act

Hindustan Times  

Gurugram: The Supreme Court has overturned the proceedings initiated by a Kurukshetra Special Judge against former IPS officer Bharti Arora under the Narcotic Drugs and Psychotropic Substances Act. The court, in a strongly worded judgment, termed the earlier order as lacking judicial reasoning and described it as being issued with a “pre-determined mindset.” The Supreme Court has overturned the proceedings initiated by a Kurukshetra Special Judge against former IPS officer Bharti Arora under the Narcotic Drugs and Psychotropic Substances Act. Arora challenged the show cause notice and the related proceedings in the Punjab and Haryana high court, which upheld the special judge’s order. The Supreme Court quashed the orders of both the special judge and the high court, including the show-cause notice and later proceedings against Arora.

Court Order Judge Proceedings Supreme Act Special Ran Ndps Act Kurukshetra Ndps Arora Ran Singh Bharti Arora  act  court  judge  charged  sc  supreme  proceedings  special  cop  order  arora  ran  quashes  ndps

History of this topic

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

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

Live Law  

Emphasising the urgent need for specialized investigative teams to handle cases under the Narcotic Drugs and Psychotropic Substances Act the Jammu and Kashmir and Ladakh High Court has observed that casual, unfair, and non-scientific investigations in NDPS cases creates a sense of insecurity and undermine the faith of the common man in the administration of the criminal justice. Directing that …

SC scraps prosecution of ex-IPS officer, cites violation of natural justice
3 months, 2 weeks ago

SC scraps prosecution of ex-IPS officer, cites violation of natural justice

Hindustan Times  

NEW DELHI: The Supreme Court on Friday underlined the foundational principles of natural justice and fair trial as it quashed the prosecution of a former Haryana woman Indian Police Service officer in a case related to the alleged wrongful implication of three individuals in a drugs case. The apex court reserved particularly harsh words for the special NDPS judge, noting …

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 …

Can’t prosecute a person in NDPS case based on smell of breath: Kerala High Court
7 months ago

Can’t prosecute a person in NDPS case based on smell of breath: Kerala High Court

New Indian Express  

KOCHI: Kerala High Court has observed that if a person is permitted to be prosecuted on the mere basis of smell from his breath, it can lead to anomalous situations where the investigating officers would be able to arraign any person as an accused in an offence under Narcotic Drugs and Psychotropic Substance Act. The court issued the order while …

NDPS Act | 'Investigating Agency Cannot Hide Proceedings From Court': Punjab & Haryana High Court Grants Acquittal Over Concealment Of Objection Raised By FSL
11 months, 4 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, 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 …

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

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

Live Law  

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

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 …

Will Trial In NDPS Cases Be Vitiated If Investigation Is Carried Out By The Complainant? SC Constitution Bench Reserves Judgment
5 years, 4 months ago

Will Trial In NDPS Cases Be Vitiated If Investigation Is Carried Out By The Complainant? SC Constitution Bench Reserves Judgment

Live Law  

A Constitution Bench of the Supreme Court of India, comprising of Justices Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah, and S. Ravindra Bhat on Monday reserved the Judgment in the matter involving the question of whether an investigation under the Narcotics Drugs and Psychotropic Substances Act will get vitiated if the IO and the Complainant is the same person. …

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