NDPS Act Archives | SCC Times

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.

Punjab and Haryana High Court

Case Briefs High Courts

Cogent material required to indicate convict’s parole likely to endanger security of state; Punjab and Haryana HC directs District Magistrate to reconsider parole application

The Court stated that parole enables a prisoner to develop a feeling of self-confidence that there is a life beyond prison and develop a sense of hope and active interest in his life with a view to rehabilitate the prisoner.

Orissa High Court

Case Briefs High Courts

Bail in NDPS | Orissa High Court grants bail to accused possessing 22 kgs Ganja for being a first-time offender

“The Court noted the progress in the investigation and directed to release the accuse. However, it was clarified the order shall not be implemented if it is discovered that the accused has any criminal antecedents.”

Delhi High Court

Case Briefs High Courts

Delhi High Court permits 73-Year-Old NDPS convict, out on bail for 13+ years, to perform Haj pilgrimage

The applicant who is seeking permission to perform Hajj Pilgrimage, is aged about 73 years, and was sentenced to undergo imprisonment for a period of 11 years 6 months, had already undergone a period of 10 years 3 months in judicial custody, before his sentence was suspended by the Court and has been out on bail for past 13 years, and no adverse report has come on record that he has misused the liberty to granted to him.

Bombay High Court

Case Briefs High Courts

NDPS Act | Know why Bombay High Court granted bail for commercial quantity of Tramadol

Bombay High Court was convinced of the applicant making out a case to believe that he may not have been found in conscious possession of the narcotic substance.

set aside conviction under NDPS Act

Case Briefs Supreme Court

“Evidence of police witnesses full of contradictions and thoroughly unconvincing”; SC sets aside conviction under NDPS Act

The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.

NDPS accused

Case Briefs Supreme Court

Supreme Court grants bail to NDPS accused in custody for more than a year

Supreme Court directed the accused to report to the local Police Station twice in a month, and directed his passport to be deposited with the Investigating Officer /with the Court concerned

punjab and haryana high court

Case Briefs High Courts

Flowering tops dried with seeds not ganja? Punjab and Haryana High Court explains

For specific facts, the Court said that the entire weight of the material was to be considered to know the total weight of the contraband recovered.

NDPS decisions Supreme Court

Law made Easy Legal RoundUp

Important NDPS Decisions by Supreme Court and High Courts in 2023

If you are in search of important NDPS Supreme Court judgments, orders of 2023, or for that matter, the judgments and orders of High Courts related to specific aspects of NDPS Act, this blog provides important matters covered in 2023.

jammu and kashmir and ladakh high court

Case Briefs High Courts

J&K and Ladakh HC quashes detention order over snapped live link to illicit activities and vague Daily Diary Reports

The High Court reiterated precedents highlighting that the detaining authority must not make undue and long delay between the prejudicial activities and the passing of detention order, and that Daily Diary Reports must not be vague and bereft of necessary details.

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