52. [NDPS Act] Accused Claims Standing Order Not Followed In Seizure Of Over 1 Quintal Of Ganja, Allahabad High Court Grants Bail. The Gauhati High Court recently denied anticipatory bail to a person in connection with a case registered under Section 21(c) / 29 of NDPS Act, 1985 holding that recovery or seizure of the contraband is not mandatory for their arrest, detention or even their conviction. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985: 1. While granting bail to an accused under the Narcotics Drugs and Psychotropic Substances Act, 1985, the Himachal Pradesh High Court said that it is highly unbelievable that the persons carrying a commercial quantity of contraband would keep documents relating to their identity in the same bag. "Further Incarceration Would Be Violative Of Article 21": PH High Court Grants Bail To NDPS Accused In Jail For Over 2.5 Yrs, Case title - Sandeep Singh @ Sonu v. State of Punjab [CRM-M-34488-2022 (O&M)]. Right to fair trial is recognized as a part right to life enshrined in Article 21 of the Constitution of India. If there are clear warning signs of criminal activity, then an officer could perform a search even if the person declines to give permission. 84. Defense Attorney David Fischer successfully convinced Judge Kara K. Ueda in his motion to suppress the search and seizure because the stop itself for "illegal" tinted windows" was not legal and the subsequent search was not lawful because of the illegal stop and because the "pat search" was not lawful. 31. As the quantity of ganja that was seized from the possession of the petitioners is a commercial quantity, the bar and rigour contained in Section 37 of the NDPS Act applies to the present facts of the case. BAIL APPLICATION No. The investigation against him was complete and chargesheet was also filed before the Sessions Court. 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. Justice Anish Dayal observed that the requirements of section 50 being mandatory in nature, are in consonance with the right of an accused to know of his legal rights. Briefly, the facts of the case are that an application was filed seeking release of an accused under the NDPS Act on regular bail till final disposal of the case registered by the CBI. 57. The Bombay High Court at Goa held that the combined weight of Lysergic Acid Diethylamide (LSD) drug and the blotting paper carrying it is necessary to ascertain if the seized drug is of a small or commercial quantity and impose punishment under the NDPS Act accordingly. ", 34. by . Mischief Rule Can't Be Invoked To Read 'Magistrate' As 'Special Court' U/S 52A NDPS Act: Orissa High Court, Case Title: State of Odisha v. Registrar General, Orissa High Court, Cuttack. Section 37 of the NDPS Act mandates a more stricter approach than an application for bail sans the NDPS Act. 4. NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court. 61. Gazetted Officer Who Is Part Of Raid Is Not 'Independent', Personal Search Conducted By Him Does Not Constitute Compliance Of S.50 NDPS Act: Calcutta HC, Case Title: Ali Hossain Sk. Western District of Washington. along with a connected matter. Section 37 of the Act deals with classification of the offences contained within the Act and provides for cases where bail can be granted to the accused person. "Evidence of a public officer cannot be thrown only on the ground that he is a police officer," the High Court held while denying bail to an accused allegedly involved in a case pertaining to recover of 1,025 kg ganja. However, many people, especially young college students, do not know about those rights and may unknowingly be the victims of unlawful drug searches. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. In a significant judgment, the Calcutta High Court directed that in all cases involving recovery of narcotic substances, seizing officers shall make a video recording of the entire procedure and that reasons for failing to videograph the recovery must be specifically stated in the investigation records. The Supreme Court on Monday wiped away a lower court decision that held that law enforcement could enter a Rhode Island mans home and seize his firearms without a warrant after his wife expressed fear that he might harm himself. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Man Arrested Based On Phone Calls, Money Trail Connected With NDPS Accused: Punjab & Haryana High Court Refuses Bail. 58. Compliance with the principles of natural justice ensures a fair trial. Case No: CRIMINAL PETITION NO.2612 OF 2022. 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. NDPS Act- Mere Contacts With Co-Accused Not Corroborative Material In Absence of Substantive Material Found Against Accused: Gujarat High Court, Case Title: YASH JAYESHBHAI CHAMPAKLAL SHAHVersus STATE OF GUJARAT. The Bench comprising Justice SH Vora and Justice Sandeep Bhatt said, "IO while acting on prior information and before making search of a person, it is imperative for him to inform the respondent-accused about his right to sub-section (1) of Section 50 of the NDPSAct for being taken to the nearest Gazetted Officer or the Magistrate for making search in their presence. "By imposition of such conditions, the physical custody of the accused does not vest with the Court as his movement is not in any way restricted. While interpreting Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Calcutta High Court opined that 'reasonable grounds' to believe that the accused has not committed an offence must be more than mere 'prima facie' grounds. 75. The High Court noted that till date, out of a total of 14 witnesses only two witnesses have been examined, and as such there is no probability of the trial being concluded in the near future. Two Years After Nigerian's Arrest In NDPS Case Chemical Analyzer Admits "Mistake" In FSL Report, Says No Illicit Drugs Recovered, Case Title: Novafor Samuel Inoamaobi v. The State of Maharashtra. Calcutta HC Denies Anticipatory Bail To NDPS Accused Citing Phone Connection With Person Arrested With Commercial Quantity Contraband, Case Title: In the matter of: Bapi Sk @ Bapi Sekh. Justice Cheekati Manavendranath Roy observed: "The contraband involved in this case is 16 kgs of Ganja which is not a commercial quantity. S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC, Case Title: Ubaid A.M. v. State of Kerala. v. State of Kerala. A Bench comprising Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay opined that all police officers are ordinarily equipped with smartphones and other electronic gadgets which would enable them to videograph such a recovery procedure. The Punjab and Haryana High Court recently held that the sample parcels of alleged contraband that is sent to Forensic Science Laboratory is "case property" and must be produced before trial Court under FSL seal, after the forensic examination is completed. The Punjab and Haryana High Court has granted bail to a man, allegedly found in conscious possession of 500 kgs of poppy husk without any licence, after three years of custody as an undertrial. 27. Case Title: ZAKIR HUSSAIN v STATE BY INTELLIGENCE OFFICER. The Punjab and Haryana High Court has held that in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985, FSL report goes to the root of the case and hence a charge sheet filed without it cannot be treated as a complete chargesheet. S.25 NDPS Act | Gujarat High Court Denies Bail To Senior Citizen Over Recovery Of Poppy Straw Worth 16.6 Lakh From His Property, Case Title: Narughar Songhar Goswami V/S StateOf Gujarat. Opining further that such a Gazetted Officer cannot be said to be an independent person before whom such a search can be conducted under Section 50 of the NDPS Act, the Court underscored, "A Gazetted Officer who had proceeded to the place of occurrence after entertaining reasonable belief that the accused persons may be carrying narcotic substance cannot be said to be an independent person before whom the law contemplates a search. The Karnataka High Court has held that an accused charged under the Narcotic Drugs & Psychotropic Substances Act (NDPS) Act does not get aright to default bail under Section 167(2) of CrPC, merely because the chargesheet/ final report filed by the Police after investigation is without FSL report. The Calcutta High Court has 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. Justice A. Badharudeen observed, "a mere re-production of the application or request of the Investigating Officer by the Public Prosecutor in his report, without demonstration of the application of his mind and record of his own satisfaction would not render his report as the one envisaged under Section 36-A(4) of the Act. Even if the application is routed through the Public Prosecutor that will not be sufficient, he is expected to apply his mind independently, while seeking extension of time by the investigating agency Justice G Ilangovan observed. The Jammu and Kashmir and Ladakh High Court has observed that the Courts cannot make a declaration that a particular drug is a 'manufactured drug' or a 'psychotropic substance' under the NDPS Act. Calcutta HC Grants Default Bail To Accused For Non-Compliance Of Notice Of Application For Extension Of Time U/S 36A(4) NDPS Act, Case Title: Naimuddin Laskar @ Naim v. The State of West Bengal. A division bench comprising of Justice Siddharth Mridul and Justice Amit Sharma was dealing with a plea wherein three questions were referred to it by a single judge bench concerning the issue pertaining to miniscule percentage of a narcotic substance under the Act. The Madras High Court recently quashed FIR against a man booked under the Narcotics and Psychotropic Substances Act 1985 for possessing ganja after observing that there were serious lapses on the part of the investigating officer. Justice Jasmeet Singh granted bail to one Laxman Thakur accused in an FIR registered under sections 20 and 29 of NDPS Act. 6 Kgs Ganja Not Commercial Quantity, Rigours Of Bail U/S 37 NDPS Act Not Applicable: Andhra Pradesh High Court, Case Title: Dinesh @ Dinesh Versus The State Of Andhra Pradesh. Rafael Gonzalez, Esq., Cattie & Gonzalez, PLLC On June 10, 2022, the United States Supreme Court published its decision on Gallardo v. @ Ali Hussain Seikh v. Narcotics Control Bureau, The Calcutta High Court observed that a Gazetted Officer who is a member of the raiding party cannot be said to be an independent person and thus a desire expressed by accused persons to be searched by such an officer does not constitute a voluntary relinquishment of the right enshrined under Section 50 of the Narcotic Drugs and Psychotropic Substance Act. The Bench of Justice Deepak Kumar Agarwal further observed that the NDPS Act does not contain any bar regarding the grant of interim custody as contained in Section 52C of the Indian Forest Act, 1927. A division bench of Justices MS Sonak and Bharat Deshpande held that the blotter paper facilitates LSD's consumption as a whole. [NDPS Act] Call Conversations B/W Co-Accused Sans Transcript Not Corroborative Material In Absence Of Substantive Evidence: PH High Court, Case title - Vikrant Singh v. State of Punjab and connected matters, The Punjab and Haryana High Court has observed that without the transcript of the conversations exchanged between the co-accused, mere call details would not be considered to be corroborative material in absence of substantive material found against the accused in a case under Narcotic Drugs and Psychotropic Substances Act, 66. The Delhi High Court has observed that the object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention. 78. NCB Officers Are Police Officers U/S 25 Of Evidence Act, Confessional Statement Made To Them U/S 67 NDPS Act Inadmissible: J&K&L High Court, Case Title: Ghulam Mohd Bhat v. Narcotics Control Bureau. ", "This is an egregious violation of an accused's right to personal liberty and right to speedy trial as, in the off-chance that the Petitioner is acquitted, it would entail an irretrievable loss of eight years of his life that cannot be compensated. Contraband Of Small Quantity Does Not Attract Embargo On Bail U/S 37 NDPS Act: Gujarat High Court Reiterates, Case Title: Mahendrabhai Manglabhai Bodat vsState Of Gujarat. recent illegal search and seizure cases 2022 Total CBP Enforcement Actions. The bench of Justice Subhash Vidyarthi observed that although the search and seizure were conducted at a Railway Station, there was no independent witness to the alleged recovery as the constables of the Railway Police Force cannot be said to be independent witnesses. 69. NDPS Offences Part Of An Organized Crime, Recovery Of Substance Not Necessary For Conviction: Gauhati High Court, Case Title: AMAL DAS v THE STATE OF ASSAM. It also appears that neither such procedure is followed", 36. 22. 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. The next morning she could not reach her husband by phone and called the police to ask them to check in on her husbands welfare. NDPS Act | Possession Not Proved Merely By Sitting In Vehicle From Which Contraband Is Seized: Orissa High Court, Case Title: Kishore Bira v. State of Odisha. Commercial Quantity in relation to narcotic drugs and psychotropic substances is defined under Section 2(viia) of the Act. The Bench comprising Justice SH Vora remarkedthat her conscious possession as understood under the law does not surface evena reasonable doubt. The Bench of Justice Sanjay Dhar observed thus as it and that this is the job of the Government to take decisions over including a particular drug in the list of 'manufactured drugs' or 'psychotropic substances' under the NDPS Act. Sections 36-A to 36-C which specify the powers of the Special Judge do not expressly state that such Special Judge can exercise the powers of the Magistrate for the purposes of Section 52-A(2) to (4) of the Act. Punjab and Haryana High Court while dealing with a regular bail plea in an FIR registered under the provisions of NDPS Act, held that the provisions of Section 42 of the Act, are applicable to search of buildings, conveyance, and, enclosed space, upon receipt of prior information by the investigating officer concerned when searches, are conducted in the interregnum inter-se sunset, and, sunrise. 6. 80. S. 37 NDPS Act| 'Reasonable Grounds' Mean Something More Than 'Prima Facie' Grounds: Calcutta High Court, Case Title: Manik Das @Manik Chandra Das v. The Narcotics Control Bureau (NCB). 83. 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, Case Title: Amit Khurana Versus State Of Haryana. [CRIMINAL MISC. Therefore, the bar under Section 37 of the Act is not applicable to the present facts of the case.". v. State of Punjab, wherein the Apex Court had reached a similar conclusion. After the filing of complaint and chargesheet, the witnesses were examined however certain panchas and witnesses turned hostile and supported the case of the prosecution.Subsequently, the trial court after perusing the evidence on record acquitted the accused. 51. 18 and 25 of NDPS Act. The court made the observation while granting bail to Pratap Singh, who was in custody in the case since March 09 last year. Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal, Case Title: State Of Gujarat Versus Paramjit @Kali Himmatsingh Chima. Probable cause is the final reason that an officer could search a person or their property. Denial Of Speedy Trial Infringes Fundamental Right Under Article 21, May Be A Ground For Grant Of Bail: Delhi High Court, CASE TITLE: GURMITO v. CENTRAL BUREAU OF INVESTIGATION. ", 24. Possession Of 16 Kg Ganja Does Not Attract The Bar Under Section 37 Of NDPS: Andhra Pradesh High Court Grants Bail To Accused, Case Title: Nandurkar Satish Dowlathrao V. State Rep By The Public Prosecutor. 70. The U.S. Supreme Court on April 29, 2021 in Washington, DC. 45. Adversely Affect Young Generation: Madhya Pradesh High Court Denies Bail To Accused Under NDPS Act In Custody For Almost A Year, Case Title: Rahul Islam Khan and Anr. The Bombay High Court granted bail to a priest who is accused of growing cannabis plants in the temple premises in Pune. The petitioner was found to be in illegal possession of 16 kgs of Ganja that he was apprehended by the police and the contraband was seized from his possession. Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years, Case Title: Murali v. The Inspector of Police. It provides dual conditions for bail in case of certain offences: one, prima facie opinion of the innocence of the accused and two, the accused will not commit a similar offense while on bail. 29. The Andhra Pradesh High Court granted bail to a man accused of possessing 6 Kgs of Ganja, observing that the same is not a "commercial quantity" and thus the case for grant of bail will not be governed under Section 37 of NDPS Act. Status Conference. 12. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. A Single Judge Bench of Justice Bibhu Prasad Routray held, "It is the settled law that right guaranteed under Section 167(2) to the accused is indefeasible. Delhi High Court Clarifies Controlled Substances Are Not Affected By The Bar To Bail Under Section 37 Of The NDPS Act, Case Name: TINIMO EFERE WOWO Vs THE STATE GOVT OF NCT OF DELHI. While granting bail to the petitioner, who was booked under the NDPS Act and detained for being found from a vehicle which carried ganja, a Single Judge Bench of Dr. Justice Sanjeeb Kumar Panigrahi placed heavy reliance on the observations made in Avtar Singh & Ors. 65. ", 48. The Delhi High Court has observed that refusal by an accused to get a search conducted before a Gazetted Officer or a Magistrate under section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 would be vitiated if he misunderstands, misinterprets or even due to miscommunication of the questions put to him. The Calcutta High Court granted default bail after noting that no notice of the application seeking extension of time in filing of chargesheet under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) had been served upon the accused thereby violating principles of natural justice. The Punjab and Haryana High Court on Wednesday granted bail to a man booked under the NDPS Act for allegedly possessing 2kg of Heroin in view of his custody period of over 2.5 years and observing that his further incarceration would be violative of Article 21 of the Constitution of India. Therefore, recovery or seizure cannot be held to be a sine qua non for the arrest/detention or even for conviction if there are other convincing and corroborating materials which in the present case are abundantly available. 39. 28. The Andhra Pradesh High Court recently laid down that if investigation in illegal possession of commercial quantity of ganja is pending beyond the statutory limit of 180 days by virtue of extension granted under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) well in advance, then default bail under Section 167(2) CrPC cannot be granted. Justice Swarana Kanta Sharma made the observation while dismissing a revision petition filed by an accused in relation to a case registered under Narcotics Drugs and Psychotropic Substances Act, 1985, challenging the order of Trial Court wherein his plea for Default Bail was dismissed. Cannabis plants in the case since March 09 last year that the blotter paper facilitates LSD 's as! Applicable to the present facts of the NDPS Act ] Accused Claims Standing Order not in. 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