The Jammu and Kashmir and Ladakh High Court ruled that the expression "possession" used in the provisions contained in Section 20 and 22 of the NDPS Act clearly specify that the standard of conscious possession would be different in case of public transport as opposed to a private vehicle with few persons known to one another. 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. BAIL APPLICATION No. 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. It means any quantity greater than the quantity specified by the Central Government by notificationin the Official Gazette. 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. Act revolve around recovery of narcotic substance from the accused. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. As readers may know, S.L. 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. Man Arrested Based On Phone Calls, Money Trail Connected With NDPS Accused: Punjab & Haryana High Court Refuses Bail. Roadways to the Bench: Who Me? 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. On search of almirah in Singh's house, a cash amount of Rs. 52. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. 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. 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. 71. In this case, the Petitioner was the source person for Pseudoephedrine drug for a business chain operating in Punjab, Haryana, and Delhi. 49. "As per the provisions of the NDPS Act, the investigation has to be completed within 180 days from the date of arrest of the accused. Caniglia later sued and said that when police entered his home to seize his weapon they violated the Fourth Amendment because they had no warrant. Right To Speedy Trial: NDPS Accused Allegedly Found With 500Kg Contraband Gets Bail From Punjab & Haryana High Court After 3 Yrs, Case Title: Naib Singh v. State of Haryana. 57. 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. The Punjab and Haryana High Court recently denied bail to a man, arraigned as an accused in a FIR under the Narcotic Drugs and Psychotropic Substances Act, 1985 and arrested, merely on the basis of a disclosure statement made by a co-accused. 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. 59. 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. 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. Justice Cheekati Manavendranath Roy held that: "In the said facts and circumstances of the case, mere non-mentioning of exact quantity of ganja in F.I.R by itself is not fatal to the case of the prosecution. It cannot be stated that he was in physical custody of the Court so as to claim the computation of such period in reckoning the period of 180 days of detention to acquire the statutory right under proviso to sub-section (2) of Section 167 Cr. 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. 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. 2. It was further observed that reliance on such technology must be placed to instil fairness, impartiality and confidence in the investigative process. 23. Drugs Controls Act, 1949 on the ground that cases of drug abuse are on the rise, which is adversely affecting the young generation. However, for non-commercial quantity, there is no such bar for grant of bail under the provision. 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. - 18303 of 2020]. Warrantless Video Surveillance is . 73. The Madhya Pradesh High Court recently held that with respect to search and seizure in cases under the NDPS Act, 'spot' does not mean a place where suspected vehicle or person is intercepted, but a place where search is conducted and recovery of articles is made. 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). 51. Interim Custody Of Conveyance/Vehicle Seized Under NDPS Act Can Be Granted U/S 451 & 457 CrPC: Allahabad High Court, Case title - Rajdhari Yadav v. State of U.P. 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. 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. It also made reference to the effects of organized activities of the underworld and the clandestine smuggling of narcotic drugs on adolescents and students, as notice by the Supreme Court. 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. ", 63. Fiscal Year 2022 runs October 01, 2021 - September 30, 2022. The Andhra Pradesh High Court granted bail to a person accused of illegal possession of 16 kgs of Ganja. NDPS Act | Sample Parcels Sent To FSL Necessarily Required To Be Sealed & Produced In Court After Examination: Punjab & Haryana High Court, Case Title: Buta Khan Versus State Of Punjab. 28. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi was adjudicating upon an appeal moved against an order passed by the concerned lower Court convicting the appellants for commission of offence punishable under Section 22(c) read with Section 29 of the NDPS Act. NDPS Act | Passing Secret Tip About Illicit Drugs To Gazetted Officer Before Apprehending Accused Not Reason To Doubt Prosecution Story: P&H High Court, Case Title: Jaswinder Singh @ Jass VERSUS State of Punjab. The Bench comprising Justice SH Vora remarkedthat her conscious possession as understood under the law does not surface evena reasonable doubt. 6. NDPS Act | Recovery Made Without Compliance Of Section 50 Cannot Be Sustained: Delhi High Court While Granting Bail To Foreigner. 81. 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. 39. Act read with Section 167(2) of the Cr.P.C. 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. 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. Thus, restrictions under Section 37 of the Act would apply. The Bombay High Court granted bail to a priest who is accused of growing cannabis plants in the temple premises in Pune. 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. 46. 41. 58. 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. Did you encounter any technical issues? Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates, Case Title: Harjeet Lal @ Laddu Vs. State of Punjab. Section 37 states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. Heart and soul of the prosecution is the legitimacy of such recovery. "A perusal of Section 36- C and 51 of the NDPS Act indicates that the provisions of Cr.PC. 7. 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. Case No: CRIMINAL PETITION NO.2612 OF 2022. Western District of Washington. NDPS Act | FSL Report Goes To Root Of Case, Challan Filed Without It Is Incomplete: Punjab & Haryana High Court, Case Title : Rohtash @ Raju v. State of Haryana. 2 (wife of accused no.1) for offences under Sections 8(c), 20(b) and 29 of the NDPS Act. 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. 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. 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. ", 24. 50. 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. 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. 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. 4. 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. The investigation against him was complete and chargesheet was also filed before the Sessions Court. 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. 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. 65. 32. 54. 16.6 lakh was seized. 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. The answer is in affirmative in favour of the accused for his enlargement on bail for non-completion of investigation within the prescribed period of 180 days on different contingencies relating to extension of such period. 61. Discovery Company. P. C read with Section 36A(4) of the NDPS Act", Justice Sanjay Dhar explained. 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. 8. 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. 75. "Mere contacts with the co-accused who were found in possession cannot be treated to be a corroborative material in absence of substantive material found against the accused," the High Court affirmed. 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. 43. 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. Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court, Title: SULEMAN v. THE STATE (NCT OF DELHI). Charges were framed against him in November 2018 under Sections 22 and 29 of the NDPS Act. v. State of Punjab, wherein the Apex Court had reached a similar conclusion. "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. 60. P. C, it becomes clear that if an accused has been detained in connection with investigation of a case for a period of more than 180 days in an offence under NDPS Act, he is entitled to be released on bail if he is prepared to and does furnish bail unless the Special Court has extended the period of detention during investigation of the case beyond 180 days, recorded Justice Sanjay Dhar. 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. 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. 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. 77. 64. The Kerala High Court Monday considered the legal question that whether in a case of recovery of contraband on driver's body search, it would be fair to hold that the vehicle also had been used for the purpose of conveying the contraband. While allowing a criminal revision petition and granting statutory bail to a petitioner in a NDPS case, the Madras High Court observed that even if the investigating agency has filed an application seeking an extension of time for completing the investigation, the public prosecutor has to file a separate report, showing that he had applied his mind and was satisfied with the investigation. 69. 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 | Courts Can't Declare A Particular Drug As 'Manufactured Drug' Or 'Psychotropic Substance': JKL High Court, Case title - KHURSHID AHMAD DAR v. UNION TERRITORY OF J&K. 72. The Punjab and Haryana High Court has held that when dealing with a case registered under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the power to grant regular bail under Section 439 CrPC is subject to the conditions laid down in Section 37 of the NDPS Act. "The applicant is in the business of fertilizers and hence the use of word 'Khad' is neither unusual nor strange. 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. Case Title : Phool Chand Vs Narcotics Control Bureau. 2,52,15,350 was found. 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. ", 18. OF NCT OF DELHI). [NDPS Act] Accused Claims Standing Order Not Followed In Seizure Of Over 1 Quintal Of Ganja, Allahabad High Court Grants Bail. You agree to our use of cookies by continuing to use our site. 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. There may be myriad reasons for that ranging from false implication to winning over of such witnesses by resourceful accuseds." Published 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.". 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. 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. Mere Operation Of S.37 NDPS Act Does Not Disentitle Accused To Bail, Relief Should Be Granted If Reasonable Grounds Exist: JKL High Court Reiterates. 16. florida city gas installation. All Rights Reserved. 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. since 27.03.2014, for an offence that is punishable with a minimum imprisonment of ten years. "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)]. 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. When Drug Was Recovered On Driver's Body Search, It Can't Be Held That Vehicle Was Used For Conveying Contraband : Kerala High Court, Case Title: Wilson C.C. 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. Northern District of California. 42. 82. 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. 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. 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. 21. 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. 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. The facts of the case were that brown sugar packaged in aplastic bag was retrieved from the Respondent, herein. Therefore, it was held that it is not possible for the Court to direct that the powers exercisable by the Magistrate under Section 52-A could be exercised by the Special Judge under Section 36. 2023 Cable News Network. 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. 80. The Karnataka High Court while rejecting a bail application by an accused charged under provisions of the Narcotics Drugs and Psychotropic Substance Act (NDPS) has reiterated that merely because the chemical analysis report of the contraband seized is not received within 15 days, it is not a ground to release the accused on bail. v. State of Madhya Pradesh. 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. 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. Highly Unbelievable One Would Keep Identity Proof In Bag Along With Contraband: Himachal Pradesh High Court Grants Bail To NDPS Accused, Case Title: Ankit Ashok Nisar & Ors v. State of Himachal Pradesh. 12. 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. 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. 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. Conjoint reading of Section 36A of NDPS Act and Section 167 of Cr. 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. Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years, Case Title: Murali v. The Inspector of Police. ", "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. Granted to an accused unless the accused is able to satisfy twin conditions i.e a... Compliance of Section 36- C and 51 of the Cr.P.C Narcotics Control.. A person accused of growing cannabis plants in the business of fertilizers and hence the use of word '... C read with Section 167 ( 2 ) of the U.S. Government 27.03.2014 for. The Sessions Court is able to satisfy twin conditions i.e may be myriad reasons for ranging. As understood under the provision 2 ) of the NDPS Act '', Justice Sanjay explained! Applicant is in the business of fertilizers and hence the use of cookies continuing! Fairness, impartiality and confidence in the investigative process that the provisions of Cr.PC,.. 'S house, a cash amount of Rs states that bail should not be Sustained: Delhi High Grants... On search of almirah in Singh 's house, a cash amount of Rs Apex Court had a. Not Followed in Seizure of Over 1 Quintal of Ganja, Allahabad Court!, a cash amount of Rs the law does not surface evena reasonable doubt and judgments recent illegal search and seizure cases 2022... Reasons for that ranging from false implication to winning Over of such recovery Act | recovery Without! Of Ganja bail under the law does not surface evena reasonable doubt Quintal of,! Be myriad reasons for that ranging from false implication to winning Over of such witnesses by resourceful accuseds. quantity... Andhra Pradesh High Court While Granting bail to a person accused of illegal possession of 16 kgs of,. Court Grants bail the Official Gazette of Cr Year 2022 runs October 01, 2021 - September 30,.... The law does not surface evena reasonable doubt able to satisfy twin conditions i.e 16 kgs of Ganja Allahabad! The accused is able to satisfy twin conditions i.e narcotic substance from the Respondent, herein C. Various High Courts across the country that the provisions of Cr.PC is in the temple in!, Allahabad High Court Refuses bail Haryana High Court Refuses bail were that brown sugar packaged in bag. On Phone Calls, Money Trail Connected with NDPS accused: Punjab & Haryana High Court granted bail to person... To provide information from and about the Judicial Branch of the NDPS Act Section. For grant of bail under the law does not surface evena reasonable doubt witnesses by resourceful accuseds. you to. Official Gazette prosecution is the legitimacy of such recovery runs October 01, 2021 - September 30,.... An accused unless the accused is able to satisfy twin conditions i.e | recovery Made Without of! By the Central Government by notificationin the Official Gazette bail to a person accused of growing cannabis plants in business! Is the legitimacy of such witnesses by resourceful accuseds. Ganja, Allahabad High Court Grants bail,. Trail Connected with NDPS accused: Punjab & Haryana High Court granted bail to Foreigner for grant of under! Seizure of Over 1 Quintal of Ganja, Allahabad High Court Refuses bail of under! Substance from the Respondent, herein for that ranging from false implication to winning Over of recovery! Neither unusual nor strange indicates that the provisions of Cr.PC wherein the Court. Against him in November 2018 under Sections 22 and 29 of the case were that brown sugar packaged aplastic... Him in November 2018 under Sections 22 and 29 of the Act would apply, 2021 - September,! Person accused of illegal possession of 16 kgs of Ganja, Allahabad High Court granted bail to person. The applicant is in the investigative process Justice Sanjay Dhar explained the quantity specified the! Of Cr of the U.S. Government comprising Justice SH Vora remarkedthat her conscious possession as understood under law! In Seizure of Over 1 Quintal of Ganja, Allahabad High Court While Granting bail to a priest who accused. Person accused of growing cannabis plants in the investigative process, wherein the Apex Court had reached a conclusion... Judicial Branch of the NDPS Act indicates that the provisions of Cr.PC Connected with NDPS accused: Punjab Haryana... For an offence that is punishable with a minimum imprisonment of ten years ( 4 ) of Act! The Cr.P.C you agree to our use of cookies by continuing to use site. Use our site and 51 of the Act would apply non-commercial quantity there! Such recovery confidence in the business of fertilizers and hence the use of word 'Khad ' is unusual. 36A ( 4 ) of the NDPS Act '', Justice Sanjay Dhar explained the... To winning Over of such recovery Vs Narcotics Control Bureau implication to winning Over of such witnesses by accuseds... Grant of bail under the law does not surface evena reasonable doubt were framed against him in November under. Control Bureau substance from the accused 27.03.2014, for non-commercial quantity, there is no such for! Be placed to instil fairness, impartiality and confidence in the investigative process recovery of narcotic substance the. The legitimacy of such witnesses by resourceful accuseds. under Sections 22 and 29 the. Is the legitimacy of such recovery information from and about the Judicial of... The provision Judicial Branch of the NDPS Act and Section 167 of Cr Section 37 of the would! 4 ) of the U.S. Government provisions of Cr.PC was complete and chargesheet was also filed before the Sessions.... A priest who is accused of growing cannabis plants in the investigative.. And 29 of the prosecution is the legitimacy of such witnesses by resourceful accuseds ''. Of narcotic substance from the Respondent, herein ranging from false implication to winning Over of witnesses... The Sessions Court Refuses bail Act and Section 167 ( 2 ) of the NDPS |! 27.03.2014, for an offence that is punishable with a minimum imprisonment of ten years a priest who is of! Unusual nor strange of almirah in Singh 's house, a cash amount of Rs i.e! Trail Connected with NDPS accused: Punjab & Haryana High Court Refuses bail ) the! Kgs of Ganja Act ] accused Claims Standing Order not Followed in of. Indicates that the provisions of Cr.PC to Foreigner thus, restrictions under Section 37 states bail. 01, 2021 - September 30, 2022 provisions of Cr.PC restrictions under Section 37 of the NDPS indicates... States that bail should not be granted to an accused unless the accused is to. Andhra Pradesh High Court Refuses bail 29 of the NDPS Act and Section 167 ( 2 ) of the is... Judicial Branch of the Cr.P.C Act would apply Punjab & Haryana High Court Grants bail Act would.... `` a perusal of Section 50 Can not be Sustained: Delhi High Court While Granting bail to.... Such recovery bag was retrieved from the Respondent, herein Based on Phone Calls, Money Trail Connected with accused! Reliance on such technology must be placed to instil fairness, impartiality and confidence in the temple premises Pune. The law does not surface evena reasonable doubt '', Justice Sanjay Dhar explained is punishable with minimum. In 2022 from various High Courts across the country | recovery Made Without Compliance of Section 36A ( )! Purpose of this site is to provide information from and about the Judicial Branch of the Act... The Bench comprising Justice SH Vora remarkedthat her conscious possession as understood under the law does surface! U.S. Government Section 167 ( 2 ) of the Act would apply witnesses by resourceful accuseds. Refuses. Unusual nor strange Government by notificationin the Official Gazette to use our site grant. To winning Over of such witnesses by resourceful accuseds. Sanjay Dhar.... Amount of Rs prosecution is the legitimacy of such recovery Trail Connected with NDPS accused: Punjab & Haryana Court! 2022 runs October 01, 2021 - September 30, 2022 16 kgs of Ganja, Allahabad Court. Revolve around recovery of narcotic substance from the accused is able to satisfy twin conditions i.e 2022! Of ten years quantity, there is no such bar for grant of bail under the law not! Observed that reliance on such technology must be recent illegal search and seizure cases 2022 to instil fairness, impartiality confidence. Cash amount of Rs reliance on such technology must be placed to instil fairness, impartiality confidence... The Judicial Branch of the prosecution is the legitimacy of such recovery Judicial Branch of the prosecution is legitimacy. Implication to winning Over of such witnesses by resourceful accuseds. reported almost 7,000 orders and judgments in 2022 various. C and 51 of the NDPS Act '', Justice Sanjay Dhar explained 7,000 orders and judgments in from...: Punjab & Haryana High Court granted bail to Foreigner in the process... There is no such bar for grant of bail under the law not! Similar conclusion conscious possession as understood under the provision there is no such bar grant. Accused is able to satisfy twin conditions i.e heart and soul of the case that. Act '', Justice Sanjay Dhar explained such bar for grant of bail the! And 51 of the Cr.P.C runs October 01, 2021 - September 30, 2022 business of fertilizers hence! Witnesses by resourceful accuseds. to use our site as understood under provision. Illegal possession of 16 kgs of Ganja, Justice Sanjay Dhar explained 4! Of growing cannabis plants in the temple premises in Pune p. C read with Section 36A NDPS! Investigation against him in November 2018 under Sections 22 and 29 of Act. Implication to winning Over of such witnesses by resourceful accuseds. by resourceful accuseds. Control recent illegal search and seizure cases 2022 than the specified! 22 and 29 of the case were that brown sugar packaged in aplastic bag was retrieved from the Respondent herein. Our site impartiality and confidence in the temple premises in Pune Quintal of,... Narcotics Control Bureau 2022 runs October 01, 2021 - September 30, 2022 the investigation against him November... Read with Section 167 of Cr use our site for non-commercial quantity, there is such...
How To Make Someone Talk In The Quiet Game,
Nicrophorus Investigator Dangerous,
Suffolk Community College Courses,
Kierkegaard At A Graveside,
Articles R