NDPS Act Archives | SCC Times

Bombay High Court

Case Briefs High Courts

Drug/psychotropic addiction is quasi-pandemic; Statutory rules to be followed strictly without deviation: Bombay HC

The National Police Mission, Bureau of Police Research and Development issued communication to Police of all states/Union Territories in respect of Model FIR in registration of cases in narcotics under Section 52 of the NDPS Act and associated documents. The communication was issued as in recent times, several NDPS cases resulted in ‘acquittal’ in the Courts due to procedural irregularities.

Rajasthan High Court

Case Briefs High Courts

FSL report must be obtained on priority, preferably within 60 days: Rajasthan High Court grants bail

“Whether the investigation under NDPS Act is to be completed within 60 days or 180 days is totally dependent upon FSL report.”

Punjab and Haryana High Court

Case Briefs High Courts

Punjab & Haryana HC quashes order denying parole to NDPS convict on mere assumption of reoffending during elections

As the poor person has been unnecessarily forced to approach this Court for seeking parole, the Court was inclined to impose exemplary costs on respondent 4 and 5, but the assurance is given that in future, parole matters shall be decided based on material available on record.

actor Shine Tom Chacko acquitted

Hot Off The Press News

Kerala Court acquits actor Shine Tom Chacko and six others in 2015 NDPS case

Shine Tom Chacko and others were arrested by the police, suspecting cocaine and other narcotic substances use during a party.

Bombay High Court

Case Briefs High Courts

‘Whether Section 50 CrPC mandates furnishing grounds of arrest in writing to accused, other than PMLA/UAPA cases?’; Bombay HC refers matter to Larger Bench

Some clear and definite guidelines are required to be issued to the Courts of Magistrates and to the investigating agencies to follow the procedure of giving a remand report sufficiently in advance to the arrested accused before his first remand application is considered by the appropriate Court.

Punjab and Haryana High Court

Case Briefs High Courts

‘Protracted absence, eluding law, & repetitive bail pleas don’t call for sympathy’: Punjab & Haryana HC refuses anticipatory bail to accused in 5kg opium case

“While liberty and dignity of an individual must be held high, however, no one can be permitted to subvert and cause devolution in the process of justice.”

Kerala High Court

Case Briefs High Courts

Magic mushroom not a scheduled narcotic or psychotropic substance: Kerala HC grants bail to NDPS accused

In the present case, since the charas and ganja seized from the accused were of small quantities, the question to be decided by the Court is whether the mushroom and magic mushroom capsules together can be considered as commercial quantity.

Release of seized truck with heroin

Case Briefs Supreme Court

‘No bar under NDPS Act on interim release of seized vehicle’; SC orders release of truck seized for transporting 24.8 gm heroin

The Court noted that neither the owner of the vehicle nor the driver was arrayed as an accused, and only third-party occupant was arrayed as an accused; and the police after investigation found no trace that the owner allowed his vehicle to transport contraband drugs/ substances with his knowledge or connivance.

Jammu and Kashmir and Ladakh High Court

Case Briefs High Courts

J&K and Ladakh High Court urges Criminal Courts to “remain sensitive” and avoid “Copy-Paste Syndrome” while deciding Bail matters

“Even a single day’s delay in grant of bail to a person who is otherwise entitled to it amounts to violation of his fundamental right to life and liberty.”

NIA investigate non-scheduled offence

Case Briefs Supreme Court

SC urges youth to resist peer pressure; calls for concerted effort from family, school & community to mitigate drug addiction

The Court held that NIA could investigate non-scheduled offence, or a person involved in a non-scheduled offence, provided there is a connection with the scheduled offence. This nexus between any other offence and the Scheduled Offence is of critical importance and must be present to enable the NIA to investigate any other offence committed by an accused in connection with the Scheduled Offence.

Punjab and Haryana High Court

Case Briefs High Courts

‘50 grams of heroin seized; contraband smuggled from Pakistan via drone highlights sophisticated network of illicit trade’; P&H HC dismisses bail petition of accused

“Such individuals, who were involved in trafficking even modest amounts of contraband, were akin to termites eroding the fabric of society. It is imperative that in such cases, the Court takes a firm and resolute stance, addressing them with the utmost severity to curb this insidious menace.”

Delhi High Court

Case Briefs High Courts

Surety can only be waived if circumstances so warrant; Delhi High Court modifies bail conditions for Nigerian Nationals charged under NDPS Act

Any waiver of a bail condition must not compromise the one most important legal requirement that a prisoner must make himself available for trial and for compliance with a sentence imposed.

Calcutta High Court

Case Briefs High Courts

Calcutta HC grants bail to accused under NDPS Act due to failure in filing FLS Report within 180 days

‘In an NDPS case, if charge sheet is filed within 180 days from the date of arrest of the accused, no right of statutory bail accrues.’

Madhya Pradesh High Court

Case Briefs High Courts

MP High Court issues directions for Strict Compliance of CCTV Maintenance and Police Accountability

Despite the Court granting bail on 11-09-2024, the case was not immediately disposed of, as there were concerns regarding lapses in maintaining CCTV footage at the police station in Manasa, District-Neemuch.

Bombay High Court

Case Briefs High Courts

‘Ganja’ under S.2(iii)(b) of NDPS Act covers only flowering/fruiting tops of cannabis plant, excludes seeds/leaves; Bombay HC grants bail

There is inordinate delay in conducting the trial and, therefore, the right of the accused to have a speedy trial is affected.

quash NDPS case

Case Briefs Supreme Court

SC quashes NDPS case against man falsely implicated in 1.75 Kg ganja dealing after 4 years due to lack of evidence

The investigation against the accused was initiated as the main accused had named him but later it was discovered that it was a false accusation, as wife of the main accused had some disputes going on with accused person’s wife, hence, he was falsely implicated.

Rajasthan High Court

Case Briefs High Courts

“Drug Addicts are added burden to law-abiding population”; Rajasthan High Court denies bail due to risk of re-offending

“Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony.”

Tripura High Court

Case Briefs High Courts

‘Entitled to lead a life with all dignity in an environment that will be congenial’; Tripura HC grants bail in NDPS case to a man tested HIV positive

The Court opined that though the jail authorities had claimed that adequate treatment will be provided to the accused, but considering his condition, he deserves the benefit of granting bail.

Manipur High Court

Case Briefs High Courts

Manipur High Court set asides discharge order of accused involved in transnational drug trafficking syndicate; remands back for trial

The Court held that the trial court should not indulge in a detailed inquiry at the stage of charge framing but should only ascertain whether there are sufficient grounds to proceed based on the police report and prosecution documents.

Tripura High Court

Case Briefs High Courts

[NDPS Act] Mere filing of charge-sheet neither a ground nor has persuasive value to grant bail: Tripura High Court

The Court opined that materials available on records do not suggest that there are reasonable grounds to believe that respondent is not guilty of committing the offences under Sections 20(b)(ii)(C), 25, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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