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, 1 week 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: - Although Section 52A is primarily for the disposal and destruction of seized contraband in a safe manner yet it extends beyond the immediate context of drug disposal, as it serves a broader purpose of also introducing procedural safeguards in the treatment of narcotics substance after seizure inasmuch as it provides for the preparation of inventories, taking of photographs of the seized substances and drawing samples therefrom in the presence and with the certification of a magistrate. Any inventory, photographs or samples of seized substance prepared in substantial compliance of the procedure prescribed under Section 52A of the NDPS Act and the Rules / Standing Order thereunder would have to be mandatorily treated as primary evidence as per Section 52A subsection of the NDPS Act, irrespective of whether the substance in original is actually produced before the court or not. Once the foundational facts laid indicate non-compliance of Section 52A of the NDPS Act, the onus would thereafter be on the prosecution to prove by cogent evidence that eitherafter be on the prosecution to prove by cogent evidence that either there was substantial compliance with the mandate of Section 52A of the NDPS Act OR satisfy the court that such non-compliance does not affect its case against the accused, and the standard of proof required would be beyond a reasonable doubt.

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History of this topic

'Shocking That IO Knew Accused Was Carrying Contraband Without Conducting Search': Himachal Pradesh HC Upholds Acquittal In Drugs Case
3 weeks 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 …

NDPS Act | Standing Order Non-Compliance Not Fatal To Prosecution's Case If Recovery Proved From Other Evidence: Chhattisgarh HC
1 month, 2 weeks 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 …

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, 1 week 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, 1 week 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 | Prosecution Must Establish Contraband Was Seized From 'Conscious Possession' Of Accused : Supreme Court
Trending News
2 months, 1 week ago

NDPS Act | Prosecution Must Establish Contraband Was Seized From 'Conscious Possession' Of Accused : Supreme Court

Live Law  

The Supreme Court reiterated that to prove offences under the Narcotic Drugs and Psychotropic Substances Act, the prosecution must establish that the contraband was seized from the 'conscious possession' of the accused. "Conscious possession implies that the person knew that he had the illicit drug or psychotropic substance in his control and had the intent or knowledge of its illegal …

NDPS Act | Prosecution Must Establish Contraband Was Seized From 'Conscious Possession' Of Accused : Supreme Court
Trending News
2 months, 1 week ago

NDPS Act | Prosecution Must Establish Contraband Was Seized From 'Conscious Possession' Of Accused : Supreme Court

Live Law  

The Supreme Court reiterated that to prove offences under the Narcotic Drugs and Psychotropic Substances Act, the prosecution must establish that the contraband was seized from the 'conscious possession' of the accused. "Conscious possession implies that the person knew that he had the illicit drug or psychotropic substance in his control and had the intent or knowledge of its illegal …

Mere Breach Of S.52A NDPS Act Not Fatal To Trial If Contraband Recovery Otherwise Proved : Supreme Court
2 months, 1 week 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 …

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 …

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, 3 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 …

NDPS Act | Should Sample Be Drawn On Spot Or In Magistrate's Presence As Per Sec. 52A? Supreme Court Reserves Judgment
4 months, 1 week ago

NDPS Act | Should Sample Be Drawn On Spot Or In Magistrate's Presence As Per Sec. 52A? Supreme Court Reserves Judgment

Live Law  

The Supreme Court recently concluded the two-day hearing on an appeal filed by the Narcotics Control Bureau against the May 18 order of the Delhi High Court, wherein the Court observed that the seized samples of narcotic drugs or psychotropic substances under the Narcotics Drugs and Substance Act, 1985, should be forwarded to the laboratory within 72 hours. The High …

Presumptions Under NDPS Act Are Rebuttable Not Absolute, Prosecution Must First Establish Prima Facie Case: J&K High Court
6 months, 2 weeks 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
7 months 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
8 months 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, 1 week 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
1 year 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] Must Follow Procedure For Drawing, Storing, Testing & Disposal Of Samples: Kerala HC Grants Bail For Procedural Lapse By Detecting Officer
1 year 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 …

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, 1 month 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, 1 month 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 …

Should Be Dealt With Iron Hand: Calcutta HC Orders Probe Into Discrepancies Between Quantity Of Drugs In Seizure List & Magistrate's Certificate
1 year, 1 month ago

Should Be Dealt With Iron Hand: Calcutta HC Orders Probe Into Discrepancies Between Quantity Of Drugs In Seizure List & Magistrate's Certificate

Live Law  

The Calcutta High Court's Circuit Bench at Jalpaiguri has recently ordered the Assistant Director General of Police to conduct a probe into the difference in weight between the drugs seized from the accused, and the weight recorded in the certificate issued by the magistrate under Section 52 of the NDPS Act.A division bench of Justices Harish Tandon and Supratim Bhattacharya. …

Investigations Often Half-Hearted, Provisions Of NDPS Act Must Be Implemented Effectively: Delhi High Court
1 year, 3 months ago

Investigations Often Half-Hearted, Provisions Of NDPS Act Must Be Implemented Effectively: Delhi High Court

Live Law  

The Delhi High Court has said that the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, must be implemented effectively, observing that investigations in narcotics cases are often half-hearted for various reasons. Justice Vikas Mahajan said that in order evade enforcement authorities, the drug traffickers take recourse to the most ingenious and devious ways of trading illicitly in narcotic …

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, 7 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 …

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 …

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 …

If Seized Contraband Is Found To Contain 'Morphine' & 'Meconic Acid', It Is Sufficient To Establish That It Is 'Opium Poppy' : Supreme Court
2 years, 4 months ago

If Seized Contraband Is Found To Contain 'Morphine' & 'Meconic Acid', It Is Sufficient To Establish That It Is 'Opium Poppy' : Supreme Court

Live Law  

The Supreme Court observed that if the seized contraband is found to contain 'morphine' and 'meconic acid', it is sufficient to established that it is a 'opium poppy" as defined in Section 2 of the NDPS Act. It has been held that once it is found that the seized material contain 'morphine' and 'meconic acid' it is sufficient to establish …

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, 7 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 …

Applicability Of Section 27A Is Seriously Questionable : Supreme Court Upholds Bail Granted To NDPS Accused
2 years, 8 months ago

Applicability Of Section 27A Is Seriously Questionable : Supreme Court Upholds Bail Granted To NDPS Accused

Live Law  

The Supreme Court observed that the rigours of Section 37 NDPS Act will not apply in a case where applicability of Section 27A NDPS Act is seriously questionable and there was no recovery from the accused and quantity in question was intermediate quantity.In this case, the Calcutta High Court granted bail to a person accused under Sections 21/29/27A of the …

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 …

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, 11 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 …

S. 37 NDPS Act| 'Reasonable Grounds' Mean Something More Than 'Prima Facie' Grounds: Calcutta High Court
3 years, 1 month 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 …

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 …

Allahabad High Court Orders Registration Of Case Against Officers For Seizing Cough Syrups As 'Psychotropic Substance'
3 years, 4 months 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 …

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 …

Should the NDPS Act be amended?
3 years, 5 months ago

Should the NDPS Act be amended?

The Hindu  

The Union Ministry of Social Justice and Empowerment has proposed certain changes to some provisions of the Narcotic Drugs and Psychotropic Substances Act of 1985. What are the challenges that the police face in enforcing the NDPS Act to take drugs cases to their logical end? How do you see the Ministry’s proposal to refer persons possessing drugs in smaller …

Confession To NDPS Officer Inadmissible : Allahabad HC Grants Bail In Case Of 628 Kg Ganja
3 years, 5 months 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 …

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, 3 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: Mere Production Of A Laboratory Report That The Sample Tested Was Narcotics Cannot Be Conclusive Proof: SC [Read Judgment]
5 years, 8 months ago

NDPS: Mere Production Of A Laboratory Report That The Sample Tested Was Narcotics Cannot Be Conclusive Proof: SC [Read Judgment]

Live Law  

The Supreme Court has held that mere production of a laboratory report that the sample tested was narcotics cannot be conclusive proof in a case under Narcotic Drugs and Psychotropic Substances Act, 1985.The contention advanced by the accused in Vijay Pandey vs. State of UP, was that there is noncompliance with Section 50 of the NDPS Act in as much …

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]
7 years, 8 months ago

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]

Live Law  

The Supreme Court, in Naresh Kumar vs State of HP, has held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.A bench comprising Justice L Nageswara Rao and Justice Navin Sinha, while restoring a trial court’s findings …

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]
7 years, 8 months ago

Presumptions In NDPS Act Do Not Dispense With Prosecutions' Burden To Prove The Charge Beyond Reasonable Doubt: SC [Read Judgment]

Live Law  

The Supreme Court, in Naresh Kumar vs State of HP, has held that presumption provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985 against an accused does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.A bench comprising Justice L Nageswara Rao and Justice Navin Sinha, while restoring a trial court’s findings …

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