11. Justice Chandra Dhari Singh was hearing the regular bail application filed by Mahesh, who was allegedly found to be in possession of 20 grams of Ecstasy (commercial quantity). The Madhya Pradesh High Court recently rejected the second bail application moved by the accused under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 along with M.P. Case Title : Phool Chand Vs Narcotics Control Bureau. After careful scrutiny of section 37 of the NDPS Act 1985 we find that the exercise of power to grant bail is not only subject to the limitations contained in section 439 Cr.P.C, but is also subject to the limitations placed by section 37 which commences with non-obstante clause", the Court underscored further. The Andhra Pradesh High Court granted bail to a person accused of illegal possession of 16 kgs of Ganja. 2 (wife of accused no.1) for offences under Sections 8(c), 20(b) and 29 of the NDPS Act. The High Court reiterated that it is mandatory to issue notice and provide fair hearing to accused before extending time beyond statutory period to file chargesheet in cases relating to offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The Bench comprising Justice SH Vora remarkedthat her conscious possession as understood under the law does not surface evena reasonable doubt. The High Court dismissed the appeal of the Appellant-Authorities and confirmed the order of the acquittal by the lowerCourt on the grounds that the Respondent-Accused was not made aware of his right for being searched before the Magistrate, thereby breaching Section 50 of the NDPS Act. Justice SH Vora observed that though the senior citizen was not at the scene of offence or in the nearby vicinity, however, since he was the property owner, Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is attracted to the case. NDPS Act | Recovery Made Without Compliance Of Section 50 Cannot Be Sustained: Delhi High Court While Granting Bail To Foreigner. 79. In this backdrop, acceptance of the offer by the appellants to be searched before an officer who is a member of the raiding party cannot be said to be a voluntary expression of their desire to be searched before such officer. 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. 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 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. 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. "The compliance of such requirements should therefore, be complete and not left in doubt. Fiscal Year 2022 runs October 01, 2021 - September 30, 2022. S.42 NDPS Act | Gazetted Police Officer Can Cause Lawful Search Of Enclosed Spaces 'Whether By Day Or Night': P&H High Court, Case Title: Navjot Singh @ Jota Versus State Of Punjab. 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. Federal laws protect everyone from illegal search and seizure. Punjab and Haryana High Court while dealing with a case registered under Section 18 of NDPS Act, held that the crime motorcycle impounded or seized should be released on superdari to the petitioner. Compliance with the principles of natural justice ensures a fair trial. NDPS Act | Commercial Quantity Of Contraband Seized, Mere Non-Mentioning Of Exact Weight In FIR Not Fatal To Prosecution Case: Andhra Pradesh HC, Case Title: Raju Jat Versus The State of Andhra Pradesh. florida city gas installation. The court made the observation while granting bail to Pratap Singh, who was in custody in the case since March 09 last year. 33. 'Khad' Cannot Solely Be Interpreted To Mean Drugs: Delhi High Court, Grants Bail To Fertilizer Seller In NDPS Case, Title: Pratap Singh vs The State (NCT of Delhi). Shabbar Rashidi said that the call detail recording show the nexus of accused with a person arrested with commercial quantity contraband. The Gujarat High Court has affirmed the acquittal of anaccused under the Narcotic Drugs and Psychotropic Substances Act, 1985, on theground that she was merely accompanying her husband and had no knowledge ofcontraband being carried in the bag. 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). "Since the mandatory requirement of Section 50 of the NDPS Act has not been met in the first instance, the recovery itself is under doubt. Cocaine seizures at the port of Antwerp, the main gateway for illegal drugs into Europe, hit a new record last year, as Belgian and Dutch authorities face off against violent international gangs.The annual figures for drug busts in Belgium and the Netherlands were released Tuesday, a day after an 11-year-old girl was shot dead in an attack on an Antwerp home that the city's mayor alleged was . 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. "The applicant is in the business of fertilizers and hence the use of word 'Khad' is neither unusual nor strange. 45. 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. @ Kuran v. State. 5. appreciated. 67. Justice K. Surender noted that while drawing samples from the seized contraband, the investigating authority failed to specify as to from whom the said sample of Ganja was taken as 55 packets were seized from the 1st petitioner/A1 40 packets were seized from the 2nd petitioner/A2, 12 packets were seized from A10. 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. 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. - 18303 of 2020]. S. 37 NDPS Act| Court's Prima Facie Satisfaction In Favour Of Accused Must Be Based On 'Reasonable Grounds': Delhi High Court. Rigors Of S.37 NDPS Act Can Be Relaxed In Cases Involving Commercial Quantity If There Is Delay In Conclusion Of Trial: Punjab & Haryana High Court, Case Title : Ghanso @ Kalo v. State of Punjab. BAIL APPLICATION No. The Tripura High Court has made it clear that Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not bar the owner of a vehicle seized in raid to make an application seeking interim custody/ bail of his vehicle after expiry of thirty days from the date of seizure. Also Read: Bombay High Court Directs Grant Of Rs 2 Lakh Compensation To Nigerian National Jailed For 2 Years Due To Mistake In FSL Report, 13. Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS CaseCase Title: Shankar Varik @ Vikram v. Union LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. N.C.B. Western District of Washington. 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. 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. 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. NDPS Act | Non-Compliance Of Section 41 No Ground For Granting Bail, Rigours Of Section 37 Still Have To Be Met : Delhi High Court. . No Bar On Granting Interim Custody Of The Vehicle Seized For Commission Of Offence Under NDPS Act: MP High Court, Case title - SURENDRA DHAKAD Vs THE STATE OF MADHYA PRADESH. Even though state officials are considered supreme and in charge of law and order they are expected to act responsibly, the Bombay High Court said while granting bail to a Nigerian national, who spent almost two years in prison because of a chemical analyser's mistake. The Supreme Court of Ohio today vacated a Marion County woman's drug possession conviction, finding police illegally searched a bookbag with a baggie sticking out from the zipper.. 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. You agree to our use of cookies by continuing to use our site. 80. 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. "This Court finds force in the submission of the learned APP, Assam that offences under the NDPS Act are part of an organized crime wherein different roles are played by different accused persons. The Court took on record a report of October 30, 2022 submitted by the State in terms of an earlier order of September 28, 2022 whereby the State was directed to establish the existence of a nexus between the bail applicant and individual arrested with the commercial quantity of narcotics and whereupon the Bench took stock of the finding therein recording the existence of call details between the bail applicant and the individual arrested with the commercial quantity of narcotics. The court said though the authorities cannot ignore statutory rigours of the provisions especially when it causes serious prejudice to the accused, the apex court in Karnail Singh v. State of Haryana has said the provision of Section 41 is a discretionary measure. Punjab and Haryana High Court has reiterated that the report of Forensic Science Lab forms the foundation of prosecution case in NDPS proceedings and in case the same is not there the entire case of prosecution falls to ground. 44. 58. The Karnataka High Court has granted bail to a man accused of possessing Bhang, holding that Bhang is not covered under the Narcotics Drugs and Psychotropic Substances Act (NDPS). However, for non-commercial quantity, there is no such bar for grant of bail under the provision. The Punjab and Haryana High Court while dealing with a petition against refusal of default bail to an accused under the NDPS Act, directed Director General(s) of Police, to ensure that all the investigating officers in NDPS cases, are completed within 180 days and a report under Section 173 of CrPC is submitted. Your effort and contribution in providing this feedback is much 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. 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 there is any glaring irregularity which will make the seizure itself illegal. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985:1. 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. 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. on 22.11.2021. Justice Cheekati Manavendranath Roy observed: "The contraband involved in this case is 16 kgs of Ganja which is not a commercial quantity. She declined, and left to spend the night in a hotel. Therefore, considering the fact that the time for completion of investigation was extended under Section 36A(4) of the NDPS Act, the lower Court has rightly dismissed the petition filed by the petitioner for grant of default bail under Section 167(2) Cr.P.C.," the Court observed in the present case. Right to fair trial is recognized as a part right to life enshrined in Article 21 of the Constitution of India. No Default Bail If Statutory Period To Complete Investigation Extended U/S 36A(4) NDPS Act Before Expiry Of 180 Days: Andhra Pradesh HC, Case Title : M. Mohanraj Versus The State Of Andhra Pradesh. recent illegal search and seizure cases 2022 Total CBP Enforcement Actions. 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 . 50. Public Prosecutor Must File Independent Report Justifying Detention Of Accused Beyond 180 Days U/S 36A(4) NDPS Act: Punjab & Haryana HC, Case: Joginder Singh S/o Jai Singh v. the State of Haryana. NDPS Act | Orissa High Court Grants Bail To Accused Who Was Not Heard Before Giving Extension To Submit Chargesheet, Case Title: Kartik Nag v. State of Odisha. Tuesday, August 10, 2021. Therefore, it is as a preparation, mixture, or neutral substance within the meaning of the NDPS Act. "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. On search of almirah in Singh's house, a cash amount of Rs. 68. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Justice Shekhar Kumar Yadav discarded the argument that the arresting officials did not comply with the mandatory provisions of search and seizure under the Narcotic Drugs and Psychotropic Substances Act. Justice Sandeep Shinde while dealing with the bail application observed that prima facie, the temple was not in exclusive possession of the priest. 37. Section 37 states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. 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. 30. 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. [NDPS Act] Investigating Officer's Request For Extension Of Time Not Substitute For Report Of Public Prosecutor: Madras High Court Reiterates, Case Title: Shakil Ahamed v The Superintendent of Customs. 31. 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. 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City of Seattle, Rhodes, et al v. Lauderdale County, et al, Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure, Civil Rights, Criminal Law Related Civil Cases, Search and Seizure, Motion for Summary Judgment, Motion to Dismiss, Motion for Summary Judgment, Motion to Dismiss, Status Conference. 1994 SC 2623 and various other decisions, have answered on five points relating to release of an accused in terms of Section 36-A(4) of the N.D.P.S. ", "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. The Bench of Justice Chandra Kumar Rai ordered to release the applicant- Wali Hassan on bail on his furnishing a personal bonds and two heavy sureties each in the like amount to the satisfaction of the Court concerned. Report Filed By Investigating Officer Does Not Satisfy Mandate Of S.36A(4) NDPS Act: Kerala High Court, Case Title: Muhammed Ajmal v. State of Kerala. Justice Bibhas Ranjan De observed, "It is axiometic that 'reasonable grounds' means something more than prima facie grounds. 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. Subscribe to Live Law now and get unlimited access. The said petition was allowed by the Court and the period of time for completion of investigation was extended by another 180 days. A mandatory requirement by definition, has to be complied with in toto, in its full letter and spirit, and not as a halfway measure or in a patchy, perfunctory manner or deficient manner," the court said. The Delhi High Court has said that the question whether non-compliance of Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in the process of arrest, search and seizure vitiates the trial is to be seen at the stage of trial and cannot have any bearing on grant of bail. Man Arrested Based On Phone Calls, Money Trail Connected With NDPS Accused: Punjab & Haryana High Court Refuses Bail. @ 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. In that decision, the judge wrote that Mr. Hill failed to file written post-hearing submissions. NDPS Act | ChargesheetWithout FSL Report Not Defective, No Ground For Default Bail U/S 167(2) CrPC: Karnataka High Court, Case Title: Sayyad Mohammad @ Nasim V State Of Karnataka Case No: Writ Petition No.5934 Of 2022. Fertilizers and hence the use of word 'Khad ' is neither unusual nor strange Drugs... Therefore, it is axiometic that 'Reasonable grounds ' means something more than prima facie Satisfaction Favour. Within the meaning of the Constitution of India by another 180 days, mixture, neutral... Satisfy twin conditions i.e Punjab & Haryana High Court granted bail to a person accused of possession! Be Based On 'Reasonable grounds ': Delhi High Court while Granting to! Right to fair trial of fertilizers and hence the use of cookies by continuing to our. Reasonable doubt of time for completion of investigation was extended by another 180 days Substances,. Now and get unlimited access Vora remarkedthat her conscious possession as understood under the provision of such should. 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