Fiscal Year 2022 runs October 01, 2021 - September 30, 2022. [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. 12. The Jammu and Kashmir and Ladakh High Court ruled that merely because the FSL report did not accompany the charge sheet at the time of its presentation, it cannot be said that the charge sheet was incomplete or defective. Federal laws protect everyone from illegal search and seizure. The single judge bench comprising Justice Jasmeet Singh noted that denial of bail without any possibility of the trial concluding anytime soon would cause an infringement of the accused person's right guaranteed under Article 21 of the Constitution. 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. 55. Having held so, Justice Mohan Lal noted that a confessional statement recorded under Section 67 of the NDPS Act would remain inadmissible in the trial for an offence under the NDPS Act. 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. Right to fair trial is recognized as a part right to life enshrined in Article 21 of the Constitution of India. NDPS Act | 'Spot' Means Place Where Search Is Conducted & Recovery Is Made, Not Where Suspected Vehicle Or Person Is Intercepted: Madhya Pradesh HC, Case Title: Kamruddin v. Union of India, with connected matters. Granting bail to a Nigerian in a drugs case after nearly four years of custody, the Delhi High Court has said that any recovery made without compliance of Section 50 of the NDPS Act "itself cannot be sustained" and no reliance can be placed on it. 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. 59. NDPS Act | Failure To File FSL Report Within 15 Days Of Recovery Not Ground For Grant Of Bail: Karnataka High Court. 65. @ 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 the instant case, the Petitioner has been incarcerated for almost eight years now, i.e. 23. 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. 21. ", 10. There may be myriad reasons for that ranging from false implication to winning over of such witnesses by resourceful accuseds." 62. The Jammu and Kashmir and Ladakh High Court held that the officers of the Narcotics Control Bureau are police officers within the meaning of Section 25 of the Evidence Act. Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years, Case Title: Murali v. The Inspector of Police. Mohapatra held that the legislative intent is clear and in the light of interpretation of Section 52-A(2) to (4) by the Supreme Court in State of Punjab v. Makhan Chand, (2004) 3 SCC 453; Noor Aga v. State of Punjab, (2008) 16 SCC 417; Union of India v. Jarooparam, (2018) 4 SCC 334, there is no scope for invoking 'mischief rule' to read the word 'Magistrate' in the above provision as 'Special Court'. The Jammu and Kashmir and Ladakh High Court ruled that conditions imposed by the court Section 439(1)(a) CrPC while granting bail cannot by any stretch of imagination be construed to mean that accused person is in custody so as to claim the computation of such period in reckoning the period of 180 days of detention to acquire the statutory right of default bail under proviso to sub-section (2) of Section 167 CrPC read with Section 36A(4) of the NDPS Act. [NDPS Act] Accused Claims Standing Order Not Followed In Seizure Of Over 1 Quintal Of Ganja, Allahabad High Court Grants Bail. 80. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. 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. The Andhra Pradesh High Court granted bail to a person accused of illegal possession of 16 kgs of Ganja. 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. Emphasing that fair, just and reasonable procedure is implicit in Article 21 and it creates a right in the accused to be tried speedily, the Court observed: "This Court has consistently observed that while Courts must remain cognizant of the deleterious impact of drugs on society, it is also important to keep in mind that deprivation of personal liberty without the assurance of speedy trial contravenes the principles enshrined in our Constitution. 15. Shabbar Rashidi said that the call detail recording show the nexus of accused with a person arrested with commercial quantity contraband. 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). "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. Warrantless Video Surveillance is . on 22.11.2021. 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. Audi alteram partem or hear the other side is one of the fundamental pillars of the principles of natural justice. 17. 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. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The said petition was allowed by the Court and the period of time for completion of investigation was extended by another 180 days. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985:1. The observation came in a case pertaining to recovery of 214 kgs Ganja in 107 packets from two vehicles. Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy. Compliance with the principles of natural justice ensures a fair trial. Justice Sanjay Kumar Medhi observed that this was so because the offences under the Act were part of an organised crime and any convincing and corroborating material in favour of the prosecution would be sufficient to establish their guilt. 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. 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. 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. The facts of the case were that brown sugar packaged in aplastic bag was retrieved from the Respondent, herein. 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. 35. 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. 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. 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. Any recovery made without compliance of Section 50 of the NDPS Act itself cannot be sustained," said Justice Jasmeet Singh in the order. 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. NDPS Act: All India High Court Cases 2022, We use cookies for analytics, advertising and to improve our site. Therefore, the bar under Section 37 of the Act is not applicable to the present facts of the case.". The provision stipulates that if it is not possible to complete the investigation within 180 days, the Special Court may extend the said period up to one year on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for detention beyond 180 days. 'Temple From Which Ganja Was Recovered Was Not In His Exclusive Possession': Bombay High Court Grants Bail To Priest In NDPS Case, Case Title: Shantaram B. Dhoble v. State of Maharashtra. The principle audi alteram partem needs to applied at every stage of an adversarial proceeding to ensure fair trial, unless its applicability is expressly ousted by statue." - 42918 of 2021]. Case No: CRIMINAL PETITION NO.2612 OF 2022. As readers may know, S.L. 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. 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. 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. Western District of Washington. 53. Case Title: ZAKIR HUSSAIN v STATE BY INTELLIGENCE OFFICER. Singh was found in possession of two polybags containing black colour material, later found to be "afeem". However, many people, especially young college students, do not know about those rights and may unknowingly be the victims of unlawful drug searches. NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court. After the ambulance left, they seized his weapons. Thus, restrictions under Section 37 of the Act would apply. Justice A. Badharudeen said when contraband is recovered on search of a person, who is driving the vehicle alone, after compliance of Section 50 of NDPS Act, it would not be safe to hold that vehicle also was used for transporting the drug so as to make the vehicle a subject matter of confiscation. United States of America v. City of Seattle. Justice Jasmeet Singh granted bail to one Laxman Thakur accused in an FIR registered under sections 20 and 29 of NDPS Act. 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. Prosecution in such cases primarily relies on the evidence of official witnesses particularly seizing officers to prove lawful recovery of contraband. 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. 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. 26. since 27.03.2014, for an offence that is punishable with a minimum imprisonment of ten years. 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. 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. 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. However, for non-commercial quantity, there is no such bar for grant of bail under the provision. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. In light of the recent Supreme Court rulings, it is vital that Michigan criminal defendants contact an experienced attorney to discuss the best defense in their specific case.Contact Michigan Defense Law at 248-451-2200 to schedule a free initial consultation with an attorney at our office. Here is a Digest on decisions relating to Narcotic Drugs and . 84. reasonable ground for believing that the accused is not guilty of such an offence and that the accused would not commit an offence or is not likely to commit an offence, if granted bail. 52. 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. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. 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. 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. The substance was found to be 750 grams (one polybag containing 400 gms and other 350 gms). So every bit in the matter of extension is void ab initio. 31. Conditions Imposed During Interim Bail U/S 439(1) Cannot Be Construed To Mean "In Custody" While Reckoning Period For Default Bail : J&K&L High Court. 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'. Justice Cheekati Manavendranath Roy observed: "The contraband involved in this case is 16 kgs of Ganja which is not a commercial quantity. NDPS Act | Recovery Made Without Compliance Of Section 50 Cannot Be Sustained: Delhi High Court While Granting Bail To Foreigner. 2022-32 was passed on June 30, 2022, the same day that the previous laws . 76. [NDPS Act] "Sampling Not Done As Per 1989 Standing Order In Seizure Of 201 KG Ganja": Allahabad High Court Grants Bail, Case title - Wali Hassan v. State of U.P. Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused, Case Title: Sukhwinder Singh v. State of Punjab. It means any quantity greater than the quantity specified by the Central Government by notificationin the Official Gazette. 82. 25. Highlighting the importance of a legitimate recovery procedure, the Court averred, "While a strict law is necessary to control organized crime like drug trafficking and protect the youth from the menace of drug abuse, its draconian provisions are sometimes misused by investigating agency leading to false implication and prolonged unjustified detention of individuals. The High Court granted conditional bail to an NDPS Accused Wali Hasan, accused of smuggling 201 kg of ganja in view of the fact that the sampling of the Ganja was not done as per the Standing Order/Instruction No.1 of 1989. 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. 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. 6. The Karnataka High Court has made it clear that only when cannabis seeds and leaves are not accompanied by fruiting and flowering tops that they can be excluded from the definition of 'ganja' under Section 2(iii)(b) of the NDPS Act. Justice Sandeep Sharma was of the view that this creates a suspicion about the correctness of the prosecution story; as usually, an identity card is kept in a purse or pocket, not in a bag that too with contraband. Thus, the Court proceeded to issue a host of directions in this regard. The Allahabad High Court recently granted bail to an accused under Narcotic Drugs and Psychotropic Substances Act as it noted that the constables of the Railway Police Force, who witnessed the alleged recovery, search, and seizure, cannot be said to be independent witnesses. 38. 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. 39. 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. 75. 83. Numbers below reflect Fiscal Year (FY) 2017 - FY 2022. 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. Act | Recovery Made Without compliance of Section 50 Can not be:! 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