NDPS Act,1985; Section 50 -If the recovery was not from the person and whereas from a bag carried by him, the procedure formalities prescribed under Section 50 of the NDPS Act was not required to be complied with- Referred to Ranjan Kumar Chadha vs State of Himachal Pradesh 2023 INSC 878. [In this case, recovery …
State Of Kerala vs Prabhu CrA 3434 Of 2024 – S 50 NDPS Act – Recovery From Bag Read More »
NDPS Act, 1986; Section 67 -Accused’s statement recorded under Section 67 of the NDPS Act is not admissible in evidence and cannot be read in evidence – Referred to Tofan Singh v. State of Tamil Nadu (2021) 4 SCC 1. (Para 9) [Conviction set aside]
NDPS Act, 1986; Section 37- While considering the application for bail made by an accused involved in an offence under NDPS Act a liberal approach ignoring the mandate under Section 37 of the NDPS Act is impermissible. Recording a finding mandated under Section 37 of the NDPS Act, which is sine qua non for granting …
State of Meghalaya vs Lalrintluanga Sailo 2024 INSC 537 – S 37 NDPS Act – Bail Read More »
NDPS Act, 1986; Section 42– Absolute noncompliance of the statutory requirements under the Section 42(1) and (2) of the NDPS Act 1985 is verboten. However, any delay in the said compliance may be allowed considering the same is supported by wellreasoned explanations for such delay. (Para 31-32) NDPS Act, 1986; Section 41 – Empowered Gazetted …
Narcotic Drugs and Psychotropic Substances Act, 1985; Section 52A – When no proceedings under Section 52A of the NDPS Act were undertaken by the Investigating Officer for preparing an inventory and obtaining samples in presence of the jurisdictional Magistrate. In this view of the matter, the FSL report is nothing but a waste paper and …
Narcotic Drugs and Psychotropic Substances Act,1985; Section 53, 67 – Indian Evidence Act, 1872; Section 25 – Any confessional statement made by an accused to an officer invested with the powers under Section 53 of the NDPS Act, is barred for the reason that such officers are ‘police officers’ within the meaning of Section 25 …
Narcotic Drugs and Psychotropic Substances Act, 1985 ; Section 37 – For entertaining a prayer for bail in a case involving recovery of commercial quantity of narcotic drug or psychotropic substance, the Court would have to mandatorily record the satisfaction in terms of the rider contained in Section 37 of the NDPS Act. – In …
State vs B Ramu 2024 INSC 114 :: [2024] 2 S.C.R. 357 – S 37 NDPS – Bail Read More »
Muthu Kumar & Ors. Versus Station House Officer 2008(2)KLT 890(DB). In this case, the allegations in the charge sheet was that out of the total quantity of 31.150 k.grams of ganja, the 1st accused was found carrying 15 kg and 50 grams folded in his waste, the 2nd accused was found in carrying 6 kg in …
Multiple Accused In A NDPS Case & Question Of Commercial Quantity Read More »