Confessional statements should lead to discovery of ‘fact’; Delhi High Court grants bail to the accused under the NDPS Act
None of the statements of the applicant led to any discovery of a ‘fact' in terms of Section 27 of the IEA.
NDPS
Delhi High Court grants bail to a Spanish National under the NDPS Act as he was denied the opportunity of a translator/interpreter
The Delhi High Court upheld the judgment passed by the Special Judge granting bail to a Spanish National as he was not given the opportunity of a translator or an interpreter and his refusal to get a search conducted before a Gazetted Officer or a Magistrate was vitiated on account of his part understanding or misunderstanding of the questions put to him.
NDPS (Seizure, Storage, Sampling and Disposal) Rules, 2022
On 23-12-2022, the Ministry of Finance (MoF) has issued the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022.
[Drug Menace] Delhi High Court directs State and NCB to take appropriate measures within 12 weeks regarding mechanism for registration and investigation of complaints under NDPS Act
The present petition is filed by a doctor, an ophthalmologist due to the unavailability of any procedural provision or mechanism for the registration / receipt of a complaint regarding cognizable offences declared under the NDPS Act with the Narcotics Control Bureau
Punjab and Haryana High Court | FSL report forms the foundation of NDPS cases; its absence renders Section 173 CrPC report insufficient
Punjab and Haryana High Court granting bail to the petitioner emphasised that the NDPS cases can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination, which is normally done through FSL.
Providing illegible copies attacks detenu’s fundamental right to make representation; renders detention order illegal: Supreme Court
Supreme Court: In a case where a detenu was provided with the illegible copy of documents relating to his detention, the bench
J&K and Ladakh HC| Number of acts not to be determined for detention of an individual, but impact of the act(s) [Preventive Detention]
Jammu and Kashmir and Ladakh High Court: Moksha Khajuria Kazmi, J. dismissed a petition which was filed assailing the detention
Imposing higher punishment on an illiterate senior citizen, merely because psychotropic substance was recovered from her residence, wrong; SC reduces sentence
Supreme Court: In an appeal directed against the judgment and order upholding conviction of the appellant for the offence under Section 20(b)(ii)(C)
Gujarat High Court denies bail to a 66 year old over recovery of poppy straw in commercial quantity from his property
Gujarat High Court: S.H. Vora, J. rejected a bail application filed in relation to the FIR registered for the offence punishable under
Provisions of S. 37 of the NDPS Act shall not apply to an unaware service courier driver; Gauhati High Court explains
Gauhati High Court: While granting bail to the applicant herein, under Section 439 of the Criminal Procedure Code (CrPC) for a case
Cal HC | Bail granted to NDPS accused with 100% speech and hearing impairment
Calcutta High Court: The Division Bench of Kesang Doma Bhutia and Moushumi Bhattacharya, JJ. allowed a bail application of the petitioner suffering
fraus et jus nunquam cohabitant; Ori HC analyses how does prohibition under S. 362 CrPC operate viz-a- viz the inherent power of the High Court
It is the oft-repeated and a salutary principle of law that fraud and justice never dwell together (fraus et jus nunquam cohabitant)
Incarcerated for 8 years for an offence punishable with minimum 10 years imprisonment: Violation of Right to Personal Liberty and Right to Speedy Trial? Del HC answers
Delhi High Court: Subramonium Prasad, J., remarked that, “…achievement of universal equality before the law requires the tenets of personal liberty to
P&H HC | State of Punjab which was known as one of the prosperous States is now at the brink of drug-trafficking
Punjab and Haryana High Court: Expressing that, State of Punjab which was known as one of the prosperous States is now at
Tri HC | Tests provided under S.37(1)(ii) of the NDPS Act should qualify in order to seek bail; Court rejects application
Tripura High Court: S.G. Chattopadhyay, J., rejected a bail application which was filed for releasing the accused on bail who had been
4 years as undertrial, 2 witnesses examined out of 14, no probability of trial to be concluded in near future: Whether Del HC will grant bail to accused under S. 37(b)(ii) of NDPS Act? Read
Delhi High Court: Chandra Dhari Singh, J., granted bail to an accused on being satisfied with “reasonable grounds” as per Section 37
P&H HC | “Drug menace has become deep rooted and is taking its toll like a slow poison for the young generation”; HC expresses anguish over callously casual approach of officers
Punjab and Haryana High Court: In a case exposing callous attitude of authorities while dealing with drug menace in the State of
No scaling down of sentence to 10 years as per NDPS Act for man sentenced to 26 years in prison by Mauritius SC for being in possession of over 150 gms of heroin: SC
Supreme Court: In a case where a man was arrested in Mauritius after being found to be in possession of 152.8 grams
No relief to Pak national serving “consecutive” sentences in two cases since 1999, as SC refuses to show any leniency to offenders under NDPS Act
“No leniency should be shown to an accused who is found to be guilty for the offence under the NDPS Act. Those persons who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to a number of innocent young victims who are vulnerable.
[NDPS Act] P&H HC | FSL report available on record yet Trial Court records it unavailable to grant bail; HC directs disciplinary action against Presiding Officer of Trial Court
Punjab and Haryana High Court: Manoj Bajaj, J., directed for disciplinary action against the Presiding Officer of the Trial Court who had