NDPS Act : Important Supreme Court Judgments Of 2021
2 years, 11 months ago

NDPS Act : Important Supreme Court Judgments Of 2021

Live Law  

The Narcotic Drugs and Psychotropic Substances Act,1985 is one law that made news this year, thanks to the media coverage about arrest of Shah Rukh Khan's son Aryan Khan who was charged under its provisions.In 2021, the Supreme Court of India delivered some judgments interpreting this law. Quantity Of Narcotic Substance Recovered Is A Relevant Factor To Impose Punishment Higher Than The Minimum: Supreme Court A bench comprising Justices DY Chandrachud and MR Shah observed that quantity of narcotic substance recovered is a relevant factor that can be taken into account for imposing higher than the minimum punishment under the Narcotic Drugs and Psychotropic Substances Act, 1985. Private Vehicle Is Not A "Public Place" As Explained In Section 43 NDPS Act: Supreme Court A bench comprising Justices UU Lalit and KM Joseph observed that a private vehicle would not come within the expression "public place" as explained in Section 43 of the Narcotic Drugs and Psychotropic Substances Act, 1985. NDPS: Absence Of Recovery Of Contraband From Possession Of Accused By Itself Not A Ground To Grant Bail 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. Section 50 NDPS Act Conditions Not Required To Be Complied In Case Of Vehicle Search: Supreme Court 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.

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History of this topic

Bail Under NDPS Act Should Not Be Granted Solely Because Accused Is Suffering From HIV: Supreme Court
5 months ago

Bail Under NDPS Act Should Not Be Granted Solely Because Accused Is Suffering From HIV: Supreme Court

Live Law  

The Supreme Court, recently, while overturning the bail granted to an accused under the NDPS Act on the ground that she is suffering from HIV, stressed on the mandate of Section 37 of the Act. Considering these facts and circumstances, the grant of bail by the Meghalaya High Court was termed as a very “serious lapse.” “When the accused is …

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 …

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 | 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 …

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 …

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 …

Sexual enhancement drugs won’t come under NDPS Act: SC
2 years, 11 months ago

Sexual enhancement drugs won’t come under NDPS Act: SC

The Hindu  

Sexual enhancement drugs containing herbs and medicines are not covered under the Narcotic Drugs and Psychotropic Substances Act, the Supreme Court has observed in a recent order. However, forensic tests showed that a “large number” of tablets seized by the Directorate of Revenue Intelligence admittedly contained herbs to enhance male potency. The Special Court under the NDPS Act however granted …

Sexual Enhancement Drugs Do Not Attract NDPS Act: Supreme Court Grants Bail To Accused
3 years ago

Sexual Enhancement Drugs Do Not Attract NDPS Act: Supreme Court Grants Bail To Accused

Live Law  

Sexual enhancement tablets meant to enhance male potency do not attract the provisions of the NDPS Act, the Supreme Court observed while granting bail to NDPS Accused.In this case, the accused was granted bail by the Special Court on the ground that he was not found to be in possession of any psychotropic substance and no contraband was recovered from …

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 …

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 …

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 …

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