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 of search and seizure under. "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. On entitlement of Bail – The court relied on the judgement given by the Apex Court namely State vs. Syed Amir Hasnain, 10 SCC 88 where it was held that an accused would not be entitled to be released under the provisions of the NDPS Act unless the provisions of Section 37 of the Act are satisfied. Related Reads: S.50 NDPS Act | Personal Search Conducted In Presence Of ACP Not Bad Merely Because He Belongs To Police Dept: Karnataka High Court Relying Only On Evidence Of IO For Convicting Accused Under NDPS Act Is Not Proper: Chhattisgarh HC Case Title: Shankar Varik @ Vikram v. Union of India Citation: Click Here To Read/Download Order

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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 …

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents
3 weeks, 1 day ago

Relief Hit By S. 438(1)(ii) CrPC: Allahabad HC Cancels Advocate's Anticipatory Bail In Extortion Case For Concealing Criminal Antecedents

Live Law  

The Allahabad High Court recently cancelled anticipatory bail granted to an advocate in an extortion case, noting that he had not mentioned the factum of previous criminal antecedents before the trial court, which granted him the relief. It was his case that the accused had approached the Sessions Court by concealing the factum of criminal antecedents of two previous cases, …

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 …

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] Must Follow Procedure For Drawing, Storing, Testing & Disposal Of Samples: Kerala HC Grants Bail For Procedural Lapse By Detecting Officer
9 months, 2 weeks ago

[NDPS Act] Must Follow Procedure For Drawing, Storing, Testing & Disposal Of Samples: Kerala HC Grants Bail For Procedural Lapse By Detecting Officer

Live Law  

The Kerala High Court has allowed the bail application of an accused whose crime was registered for allegedly possessing narcotics and psychotropic substances in commercial quantity. In the facts of the case, the police officer searched and seized contraband in from two different zip lock bags from the petitioner and pillion rider, and without drawing a representative sample from both …

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 …

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 …

Failure Of Punjab Police Witnesses To Appear In NDPS Case On 11 Dates Leads High Court To Suspects Their "Unholy Nexus" With Accused
1 year, 2 months ago

Failure Of Punjab Police Witnesses To Appear In NDPS Case On 11 Dates Leads High Court To Suspects Their "Unholy Nexus" With Accused

Live Law  

The Punjab & Haryana High Court has strongly criticized the Punjab Government for its inaction and lackadaisical approach in curbing the drug menace in the State. The Court pointed out that accused persons under the NDPS Act have been repeatedly seeking bail, citing the non-appearance of prosecution witnesses who are police officials.Justice Manjri Nehru Kaul said, "Despite. Justice Manjri Nehru …

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, …

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court
1 year, 7 months ago

Impermissible To Apply For Bail In Parts, Accused Must Seek Bail In All Offences For Which He Is Wanted: Allahabad High Court

Live Law  

The Allahabad High Court has clarified that no person can apply for bail in parts and that an accused is required to seek bail for all the offences for which he is wanted. “No person can be permitted to apply for bail in part, that too firstly getting bail by invoking powers u/s 437 CrPC and later on taking recourse …

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 …

Mere Registration Of FIR Against Accused When He Was On Interim Bail Does Not Amount To Breach Of Bail Conditions: Jammu & Kashmir High Court
1 year, 8 months ago

Mere Registration Of FIR Against Accused When He Was On Interim Bail Does Not Amount To Breach Of Bail Conditions: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High has recently clarified that the registration of an FIR against an accused does not constitute a breach of their interim bail conditions, as it is merely a preliminary step in the legal process and does not necessarily indicate criminal activity. When this information was brought to the attention of the Sessions Judge, the …

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 …

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 …

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 …

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court
1 year, 11 months ago

Absconder/Proclaimed Offender Not Entitled To Anticipatory Bail: Allahabad High Court

Live Law  

The Allahabad High Court has reiterated that a person against whom a warrant has been issued and, is absconding or concealing himself in order to avoid execution of warrants and proceedings under Section 82 of the Code have been initiated against him, is not entitled to the relief of anticipatory bail. To reach to this conclusion, the Court relied upon …

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused
2 years ago

Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused

Live Law  

The Punjab and Haryana High Court recently expressed its dismay over the conduct of Police officials, who were the official witnesses in a NDPS case, for not deposing despite issuance of multiple bailable, non-bailable and arrest warrants. A single bench of Justice Jasgurpreet Singh Puri remarked, "It is actually very surprising that the police officials were summoned by way of …

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 …

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court
2 years, 1 month ago

Anticipatory Bail Only A Statutory Right Not Linked With Article 21; Successive Pleas Not Maintainable: Allahabad High Court

Live Law  

Stressing that seeking anticipatory bail under Section 438 of CrPC is only a statutory right, the Allahabad High Court earlier this week said that the second and successive anticipatory bail application is not maintainable.The bench of Justice Suresh Kumar Gupta further observed that as opposed to Section 439 of CrPC, which flows from Article 21 of. Stressing that seeking anticipatory …

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 …

Person Out On Regular Bail Can Be Granted Anticipatory Bail In Added Sections If He Isn't Misusing Liberty: Allahabad High Court
2 years, 2 months ago

Person Out On Regular Bail Can Be Granted Anticipatory Bail In Added Sections If He Isn't Misusing Liberty: Allahabad High Court

Live Law  

The Allahabad High Court has observed that a person who has already been granted regular bail under Section 439 of CrPC and if it found that he has not misused the liberty, then he may be granted anticipatory bail under Section 438 of CrPC in connection with added sections related to the same crime.With this, the bench of Justice Krishan …

NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court
2 years, 2 months ago

NDPS Act | Charges Framed Solely Based On Statement Of Co-Accused U/S 27 Evidence Act Untenable: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court recently quashed the order of the lower court whereby charges were framed against the accused under the provisions of the NDPS Act solely based on the testimony of a co-accused recorded under Section 27 Evidence Act. Setting aside the impugned order, Justice Nandita Dubey noted that while framing the charges, the trial court ought to …

Railway Police Force Constables Not Independent Witnesses: Allahabad High Court Grants Bail To NDPS Act Accused
2 years, 3 months ago

Railway Police Force Constables Not Independent Witnesses: Allahabad High Court Grants Bail To NDPS Act Accused

Live Law  

The Allahabad High Court recently granted bail to an accused under Narcotic Drugs and Psychotropic Substances Act as it noted that the constables of the Railway Police Force, who witnessed the alleged recovery, search, and seizure, cannot be said to be independent witnesses.The bench of Justice Subhash Vidyarthi observed that although the search and seizure were conducted at a Railway. …

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 …

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 …

NDPS Act | Passing Secret Tip About Illicit Drugs To Gazetted Officer Before Apprehending Accused Not Reason To Doubt Prosecution Story: P&H High Court
2 years, 6 months ago

NDPS Act | Passing Secret Tip About Illicit Drugs To Gazetted Officer Before Apprehending Accused Not Reason To Doubt Prosecution Story: P&H High Court

Live Law  

The Punjab and Haryana High Court recently refused to doubt the prosecution's story in a NDPS case, merely on the ground that the alleged secret information on the basis of which the accused was apprehended was shared with a Gazetted officer, even before his apprehension.The Petitioner, seeking regular bail in matter involving recovery of more than 20 kg tablets containing …

NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court
2 years, 7 months ago

NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court

Live Law  

Dismissing two bail pleas filed by Accused under the Narcotic Drug and Psychotropic Substances Act, the Allahabad High Court has observed a minor discrepancy in the weight of the sample sent to the Forensic Laboratory cannot shake the roots of the prosecution case.The Bench of Justice Krishan Pahal denied bail to the two Accused booked under Sections 8/18/29. Dismissing two …

Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal
2 years, 8 months ago

Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal

Live Law  

Emphasising that procedure under Section 50 of the NDPS Act needs to be followed in a just and proper manner, the Gujarat High Court has upheld the order of the trial court in acquitting the Respondent accused of offences under Sections 8, 20, 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act. Averring that the scope in acquittal …

[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 …

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 …

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 …

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 …

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 …

Aryan Khan And Others Denied Bail - Can A Magistrate Grant Bail For Offences Under The NDPS Act?
3 years, 2 months ago

Aryan Khan And Others Denied Bail - Can A Magistrate Grant Bail For Offences Under The NDPS Act?

Live Law  

A Metropolitan Magistrate's Court on Friday rejected the bail application of Bollywood actor Shahrukh Khan's son Aryan Khan and others in the cruise ship drug case, on the ground that the plea was not maintainable. This article examines the powers of Magistrate with regard to bail under the NDPS Act and poses two important questions for consideration: Whether a Magistrate …

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 …

Conditions For Grant Of Bail U/S 37 NDPS Act Are Conjunctive; Period Of Detention Immaterial: Gauhati High Court
3 years, 3 months ago

Conditions For Grant Of Bail U/S 37 NDPS Act Are Conjunctive; Period Of Detention Immaterial: Gauhati High Court

Live Law  

The Gauhati High Court has held that the three conditions stipulated under Section 37 of the NDPS Act for grant of bail to an accused person are conjunctive in nature.Justice Sanjay Kumar Medhi ruled that all the three conditions, namely, opportunity to the Public Prosecutor to oppose the bail prima facie satisfaction regarding availability of ground for believing that the …

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 …

'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 …

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