The right to a fair trial is fundamental to the rule of law. An officer who wants to search will typically need either permission or a warrant. Holding the drug to be a "controlled substance", Justice Bhatnagar held that the bar of Section 37 is not applicable in this case. There may be myriad reasons for that ranging from false implication to winning over of such witnesses by resourceful accuseds." Justice A. Badharudeen remarked, that it is relevant, rather shocking to note that the Public Prosecutor who was appointed by the State to conduct serious cases of this nature, even not cared at least to read Section 36-A(4) and its proviso, before filing the report of the Investigating Officer pressing for extension of detention of the accused beyond the period of 180 days Indubitably, it is held that, the report/petition filed by the Investigating Officer cannot be considered as a report/petition envisaged under Section 36-A(4), since the Investigating Officer has no such right. Jewel v. NSA. The Allahabad High Court has observed that the Magistrate/Special Judge, NDPS Act has the power to consider the application for the interim custody of the conveyance/ vehicle (seized under the NDPS Act) under the provision of Section 451 and 457 of Cr.P.C. The court passed the order on a reference by a single judge on whether LSD alone or the combined weight of LSD and blotting paper would be used to determine the weight the seized drug. The High Court has said that merely on the ground that the vehicle is liable to confiscation under Section 60 of the NDPS Act, it cannot be held that once the vehicle is seized for the commission of offence under the NDPS Act, interim custody cannot be granted. @ Kuran v. State. The Supreme Court in the 2009 ruling had said "these provisions should be taken as a discretionary measure which should check the misuse of the Act rather than providing an escape to the hardened drug peddlers.". Prosecution in such cases primarily relies on the evidence of official witnesses particularly seizing officers to prove lawful recovery of contraband. Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case, Case Title: Shankar Varik @ Vikram v. Union of India. As readers may know, S.L. 16.6 lakh was seized. 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. Sections 8(C)/18/29 of the NDPS Act after they were arrested from the general bogey of a Train for allegedly being in possession of a total of 7 KG of opium. "The compliance of such requirements should therefore, be complete and not left in doubt. The Punjab and Haryana High Court recently held that on account of delay in the conclusion of trial, rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act can be relaxed to an extent and prayer of the accused for bail can be considered despite that she was found in possession of a commercial quantity of contraband. ", 24. NDPS Act | Failure To Annex FSL Report Within Statutory Period Does Not Make Chargesheet Defective, No Default Bail: J&K&L High Court, Case Title: Abdul Majeed Bhat Vs UT of J&K. 2 (wife of accused no.1) for offences under Sections 8(c), 20(b) and 29 of the NDPS Act. United States of America v. City of Seattle. Act revolve around recovery of narcotic substance from the accused. In that decision, the judge wrote that Mr. Hill failed to file written post-hearing submissions. 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. 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.. The court made the observation while granting bail to Pratap Singh, who was in custody in the case since March 09 last year. Federal laws protect everyone from illegal search and seizure. Numbers below reflect Fiscal Year (FY) 2017 - FY 2022. It means any quantity greater than the quantity specified by the Central Government by notificationin the Official Gazette. 41. N.C.B. This Court, in the case of Lambodar Bag (supra) after taking into consideration the principles decided in the case of Hitendra Vishnu Thakur v. State of Maharashtra, reported in A.I.R. Search and Seizure Latest Search New York Troopers' Union Offices Searched by State Police Investigators A union lawyer said the search was part of an inquiry focused on "uncovering past. In most cases as in the present case, independent witnesses are either not examined or turn hostile. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. 11:30 AM EDT, Mon May 17, 2021. On search of almirah in Singh's house, a cash amount of Rs. 22. 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. 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. Justice Sanjay Dwivedi was essentially dealing with the bail applications moved by the Applicants accused U/S 8/20, 25, 27(a)/28 R/W Section 29 NDPS Act. 82. Justice Sandeep Shinde while dealing with the bail application observed that prima facie, the temple was not in exclusive possession of the priest. . Western District of Washington. 19. 29. Dismissing two bail pleas filed by Accused under the Narcotic Drug and Psychotropic Substances Act, the 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. NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court, Case title - Chhotey Lal v. U.O.I. BAIL APPLICATION No. 70. 61. 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. Rigours Of Section 37 NDPS Act Not Applicable In Cases Where Collection Of Contraband Sample Itself Faulty: Delhi High Court, Title: LAXMAN THAKUR v. STATE (GOVT. Emphasising that procedure under Section 50 of the NDPS Act needs to be followed in a just and proper manner, the GujaratHigh Court has upheld the order of the trial court in acquitting the Respondent accused of offences under Sections 8(C), 20(B), 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act. FSL Report Forms Foundation Of NDPS Case: Punjab & Haryana High Court Grants Default Bail Despite Chargesheet, Case Title: Mukesh Pal @ Makhan Versus State of Haryana. Justice Bibhas Ranjan De observed, "It is axiometic that 'reasonable grounds' means something more than prima facie grounds. In a unanimous decision, the Supreme Court ruled Marion police had the authority to seize Kennedy Burroughs' bookbag from her bathroom floor, but needed a warrant to search it. "The Hon'ble Supreme Court as well as this Court has clearly opined that in case Section 50 of the NDPS Act is not complied with, the applicant is entitled to bail," Justice Singh said. 68. 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. 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. 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. It also appears that neither such procedure is followed", 36. along with a connected matter. Tuesday, August 10, 2021. 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. Probable cause is the final reason that an officer could search a person or their property. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Justice Jasmeet Singh further observed that non-compliance of Section 41 of the enactment will not absolve the accused from the rigours of Section 37, which imposes strict conditions on grant of bail. 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. 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. 65. 58. Singh was found in possession of two polybags containing black colour material, later found to be "afeem". Section 37 states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. 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 chemical analyser wrote to the Anti-Terrorism Squad earlier this year and clarified that no contraband was found in the items seized from the Nigerian in the year 2020, only pain killers and caffeine. Justice Subramonium Prasad observed that there was 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 said petition was allowed by the Court and the period of time for completion of investigation was extended by another 180 days. 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. 55. "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. 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. 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. A Single Judge Bench of Justice Sashikanta Mishra relied upon Iswar Tiwari v. State of Odisha, 2020 (80) OCR 289, wherein the legal position as regards the provisions under Section 167(2) of Cr.P.C read with Section 36(A)(4) of the NDPS Act, was elaborately discussed by the Orissa High Court and it was held that the notice must mandatorily be issued to the accused and he must be produced before the Court whenever such an application is taken up and that where any such report occurs the question of it being contested does not arise and a right accrues in favour of the accused. However, for non-commercial quantity, there is no such bar for grant of bail under the provision. He alleged that the procedure adopted for collection of samples in the case was faulty and in violation of the guidelines issued by the Narcotics Control Bureau (NCB). 16. So every bit in the matter of extension is void ab initio. 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. 31. 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. Rafael Gonzalez, Esq., Cattie & Gonzalez, PLLC On June 10, 2022, the United States Supreme Court published its decision on Gallardo v. A Bench comprising Justice Debangsu Basak and Justice Bibhas Ranjan De observed, "In an adversarial proceeding, the requirement to adhere to the principles of natural justice is imbedded in a statute governing the adjudicating process unless the same is expressly excluded by statute. Justice Swarana Kanta Sharma made the observation while denying bail to one Gurjeet Singh in an FIR registered under sec. S.50 NDPS Act | Personal Search Conducted In Presence Of ACP Not Bad Merely Because He Belongs To Police Dept: Karnataka High Court, Case Title: Joswin Lobo v. State of Karnataka Case No: Criminal Petition No.6916/2021, 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. 7. Any recovery made without compliance of Section 50 of the NDPS Act itself cannot be sustained," said Justice Jasmeet Singh in the order. recent illegal search and seizure cases 2022kentucky probate forms inventory. Case No: CRIMINAL PETITION NO.2612 OF 2022. The Bench of Justice Krishan Pahal denied bail to the two Accused [Chhotey Lal and Kavinder Kumar] booked under. "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. 46. Right Of Accused U/S 50 Of NDPS Act To Be Searched In Presence Of Magistrate Violated: Gujarat High Court Upholds Order Of Acquittal, Case Title: State Of Gujarat v. Ugamsinh Dhanrajsinh. Wed 12 Jan 2022 06.00 EST Last modified on Wed 12 Jan 2022 10.06 EST C hristopher Hall parks his old Toyota on a dirt road that dead-ends in a forest in Oregons Illinois Valley. 72. 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. - 18303 of 2020]. NDPS Act | Non-Compliance Of Section 41 No Ground For Granting Bail, Rigours Of Section 37 Still Have To Be Met : Delhi High Court. Draconian Provisions Of NDPS Act Misused: Calcutta High Court Orders Mandatory Videography Of Recovery Procedure, Case Title: In the matter of : Kalu Sk. NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC, Case Title: GURJEET SINGH v. STATE OF NCT OF DELHI. 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. ", 10. 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. 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 followed while conducting seizure of the contraband was not followed in the instant case. "This Court is anxious over the fact that jails debilitate the under-trial prisoners and if after the long wait, the accused is ultimately acquitted, then how would the long years spent by the under-trial in custody be restored to him/her/themThe issue of a large number of under-trial prisoners and their poor living conditions has been standing stubborn against the otherwise incandescent face of our democracy," the bench of Justice Farjand Ali remarked. by . 84. NDPS Act | Recovery Made Without Compliance Of Section 50 Cannot Be Sustained: Delhi High Court While Granting Bail To Foreigner. 8. The Bench comprising Justice Umesh A. Trivedi was hearing an application under Section 439 for offences under Sections 8(c),22(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act 1985. 5. "Issues Of Undertrials Standing Stubborn Against Face Of Democracy": Rajasthan HC Grants Bail To NDPS Accused In Jail For 6 Yrs. 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, Case Title: Mandeep Kaur Versus State of Punjab , with connected matters. Since the case was instituted under the NDPS Act, the court also recorded satisfaction regarding twin conditions for bail under Section 37 of the Act. 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. Section 37 of the NDPS Act mandates a more stricter approach than an application for bail sans the NDPS Act. ", 63. In the instant case, the Petitioner has been incarcerated for almost eight years now, i.e. 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. Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act, Case Title: Union Of India Thro Amitkumar,Intelligence Officer Or His Successor In Office Versus State Of Gujarat. 38. 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. 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. 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. The said period would expire by 11.12.2021. The High Court set aside the orders passed by a Sessions-cum-Special Court which granted extension to submit chargesheet without providing hearing to accused and not even releasing him when he was entitled for 'default bail'. Section 37 of the NDPS Act stipulates that persons accused of offences under the Act involving commercial quantity, shall not be released on bail unless the Court is satisfied that there are reasonable grounds for believing that accused is not guilty and is not likely to commit any offence while on bail. "The applicant is in the business of fertilizers and hence the use of word 'Khad' is neither unusual nor strange. NDPS Act | Duration Of Custody Alone Not Ground For Grant Of Bail: Punjab & Haryana High Court Reiterates, Case Title : Gurbhej Singh @ Bheja v. State of Punjab. Charges were framed against him in November 2018 under Sections 22 and 29 of the NDPS Act. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985: 1. 81. 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. "Speedy Justice is a Fundamental Right enshrined under the ambit of Article 21 of the Constitution of India, and the same needs to be given effect by this Court in letter and in spirit, else it will remain as a dead letter of law," the Delhi High Court observed on Tuesday. BAIL APPLICATION No. [NDPS Act] Cannabis Seeds & Leaves Excluded From Definition Of 'Ganja' Only When Not Accompanied By Flowering & Fruiting Tops: Karnataka HC, Case Title: Rangappa v. State By Basavapatna P S, Case no: CRIMINAL PETITION NO.11678 OF 2022. 30. 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. [NDPS Act] Combined Weight Of LSD & Blotter Relevant To Determine Small Or Commercial Quantity Contraband: Bombay High Court, Case Title: H. S. Arun Kumar v. State of Goa. P. C read with Section 36A(4) of the NDPS Act", Justice Sanjay Dhar explained. NDPS Act | Violation Of Standing Orders During Contraband Sampling Leads To Adverse Inference Against Prosecution: Telangana High Court, Case Title: Baba Sow Chandekar & another v. The State of Telangana. NDPS Act | 180 Days Adequate To Conclude Investigation, Extension Should Be Sought On Rarest Of Rare Occasions: Punjab & Haryana High Court, Case Title: Jaswinder Singh Versus State Of Haryana. Right to fair trial is recognized as a part right to life enshrined in Article 21 of the Constitution of India. The Kerala High Court on Thursday held that in order to extend the statutory period of 180 days to complete the process of investigation as per Section 36-A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the report produced by the Public Prosecutor ought to disclose the progress of investigation in addition to the reasons to detain the accused person. Cases as in the business of fertilizers and hence the use of word '. Resourceful accuseds. from illegal search and seizure that 'reasonable grounds ' means something than... Ranjan De observed, `` it is axiometic that 'reasonable grounds ' means something more than prima facie.! That decision, the judge wrote that Mr. Hill failed to file written post-hearing submissions of Rs illegal. Be complete and not left in doubt 's house, a cash amount of Rs under 22. 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