To put it differently, temple premises being accessible to the public at large, it cannot be said that said premises were in exclusive possession and control of the applicant", the court said in its order. 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. Warrantless Video Surveillance is . He was from the forensic sciences laboratory in Kalina. "The compliance of such requirements should therefore, be complete and not left in doubt. 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. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. The Punjab & Haryana High Court has highlighted that Section 42 of the NDPS Act which deals with Power of entry, search, seizure and arrest without warrant or authorization relates only to search of a building, conveyance or enclosed place and includes 'parked vehicles'. After the ambulance left, they seized his weapons. 71. The said petition was allowed by the Court and the period of time for completion of investigation was extended by another 180 days. 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. NDPS Act | Weight Of Neutral Substance Not To Be Ignored While Determining Quantity Of Seized Contraband: Delhi High Court. Did you encounter any technical issues? You agree to our use of cookies by continuing to use our site. The Delhi High Court on Friday observed that if the contraband seized falls within the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the weight of the neutral substance would not be ignored while determining the nature of the quantity seized, whether small quantity, commercial quantity or in between. 26. Briefly, the facts of the case are that an application was filed seeking release of an accused under the NDPS Act on regular bail till final disposal of the case registered by the CBI. 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. Probable cause is the final reason that an officer could search a person or their property. After the filing of complaint and chargesheet, the witnesses were examined however certain panchas and witnesses turned hostile and supported the case of the prosecution.Subsequently, the trial court after perusing the evidence on record acquitted the accused. However, the record reveals that the prosecution has filed an application for extension of period for completion of investigation under Section 36A(4) of the NDPS Act well in advance before expiry of 180 days i.e. S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High Court, Case Title: BIKKA PARVATHI Versus STATE REPRESENTED BY THE PUBLIC PROSECUTOR. 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. 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. As readers may know, S.L. 16. 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. 16.6 lakh was seized. Justice Sandeep Shinde while dealing with the bail application observed that prima facie, the temple was not in exclusive possession of the priest. 50. In most cases as in the present case, independent witnesses are either not examined or turn hostile. 77. "A perusal of Section 36- C and 51 of the NDPS Act indicates that the provisions of Cr.PC. Section 37 states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. 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. The court made the observation while granting bail to Pratap Singh, who was in custody in the case since March 09 last year. It was further observed that reliance on such technology must be placed to instil fairness, impartiality and confidence in the investigative process. 80. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. 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. An officer who wants to search will typically need either permission or a warrant. "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. 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. 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. Your effort and contribution in providing this feedback is much 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. 30. Subscribe to Live Law now and get unlimited access. "Above all the charge-sheet, prima-facie, does not suggest that temple from which ganja was recovered, was in his exclusive possession of the applicant. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985:1. 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. since 27.03.2014, for an offence that is punishable with a minimum imprisonment of ten years. Heart and soul of the prosecution is the legitimacy of such recovery. The investigation against him was complete and chargesheet was also filed before the Sessions Court. 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. 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. "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)]. 51. 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. 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. 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. 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. Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years, Case Title: Murali v. The Inspector of Police. 4. S. 37 NDPS Act| Court's Prima Facie Satisfaction In Favour Of Accused Must Be Based On 'Reasonable Grounds': Delhi High Court. 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. 61. United States of America v. City of Seattle. 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. The observation came in a case pertaining to recovery of 214 kgs Ganja in 107 packets from two vehicles. 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. 32. v. State of Punjab, wherein the Apex Court had reached a similar conclusion. Thus, the Court proceeded to issue a host of directions in this regard. 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. 38. 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. A division bench comprising of Justice Siddharth Mridul and Justice Amit Sharma was dealing with a plea wherein three questions were referred to it by a single judge bench concerning the issue pertaining to miniscule percentage of a narcotic substance under the Act. Federal laws protect everyone from illegal search and seizure. 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. 6 Kgs Ganja Not Commercial Quantity, Rigours Of Bail U/S 37 NDPS Act Not Applicable: Andhra Pradesh High Court, Case Title: Dinesh @ Dinesh Versus The State Of Andhra Pradesh. On search of almirah in Singh's house, a cash amount of Rs. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice A.K. Section 37 of the NDPS Act mandates a more stricter approach than an application for bail sans the NDPS Act. 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. 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. 81. 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. 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'. Shabbar Rashidi said that the call detail recording show the nexus of accused with a person arrested with commercial quantity contraband. 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. 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. It means any quantity greater than the quantity specified by the Central Government by notificationin the Official Gazette. ", 18. A Warner Bros. The appeal was dismissed, and Ms. Green was awarded costs in the amount of $5,000. Dorm rooms While college students do 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. 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 Division Bench comprising Justices Debangsu Basak and Md. 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 perusal of section 36- C and 51 of the priest should not be granted to an unless... Since March 09 last year person arrested with commercial quantity Contraband laws protect everyone from illegal search and.. Delhi High Court dismissed, and Ms. Green was awarded costs in the present case, independent are... 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