High Courts Monthly RoundUp — November 2021
Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.
NDPS
Bom HC on NDPS Cases | When LSD Drug is put on blotter paper, would blotter paper form an integral part of drug? Weight of paper will be considered for determining small or commercial quantity? Read on
Bombay High Court: Addressing a very crucial question having relevance with the Narcotics Drugs and Psychotropic Substances cases, Revati Mohite Dere, J.,
P&H HC | Merely informing accused he has a right without specifying the same is not enough to meet requirements of S. 50(1) of NDPS Act
Punjab and Haryana High Court: B.S. Walia, J., held that merely informing that accused has rights under the NDPS Act, without specifying
P&H HC | Challan filled without FSL report is not a complete challan under NDPS Act; HC grants bail to the man in alleged possession of 1.6 kg ganja
Punjab and Haryana High Court: Anupinder Singh Grewal, J., granted bail to the person accused of carrying 1.6 kg of ganja on
Mumbai Cruise Drugs Case | Bom HC grants bail to Aryan Khan, 2 others: Read the fourteen bail conditions
Bombay High Court: Nitin W. Sambre, J., grants bail to accused Aryan Shah Rukh Khan, Arbaaz A. Merchant and Munmum Dhamecha while
Explained| Law on grant on bail in NDPS cases
Supreme Court: The bench of Dr. DY Chandrachud* and BV Nagarathna, JJ has elaborately discussed the principles governing the grant of bail,
Procedural Compliances in relation to Search, Seizure and Arrest under NDPS Act, 1985
by Kapil Madan†, Gurmukh Singh Arora†† and Pulkit Pandey†††
Cite as: 2021 SCC OnLine Blog Exp 70
J&K and Ladakh HC | Right to go abroad to pursue studies cannot be denied only on the ground of involvement in a criminal case; HC waives conditional bail order
Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., allowed the petitioner, who was involved in NDPS case, to travel abroad
J&K HC | [Jamat-i-Islami] HC quashes preventive detention order holding opportunity to effective representation an essential pre-requisite
Jammu and Kashmir High Court: Sanjeev Kumar, J., heard the instant petition presented by the wife of the Petitioner to assail his
Murderer kills one or two persons but persons dealing with narcotic drugs inflict death blow to a number of innocent youngsters: Supreme Court
“While striking balance between the mitigating and aggravating circumstances, public interest, impact on the society as a whole will always be tilt in favour of the suitable higher punishment.”
HP HC | Exclusive and conscious possession of contraband substance under NDPS Act can be a deterring ground for grant of bail; petition dismissed
Himachal Pradesh High Court: Chander Bhusan Barowalia J., while rejecting the present petition observed that the ingredients of Section 37 NDPS Act
Officers designated under Section 53 of the NDPS Act are “Police Officer” within the meaning of section 25 of the Evidence Act; SC holds in 2:1 verdict [Detailed Report]
Any confessional statement made to the Officers designated under Section 53 of the NDPS Act is inadmissible.
Bom HC | Will giving money to another for consuming drugs mean “financing” or “harbouring” as envisaged under S. 27 A of NDPS Act? Read HC’s verdict granting bail to Rhea Chakraborty
Bombay High Court: Sarang Kotwal, J., while addressing the bail application filed by Actor Rhea Chakraborty in the Sushant Singh Rajput death case,
HP HC | “Synergy of law with technology is the next big thing”; Stringent conditions laid down while granting bail to ‘foreign nationals’ and securing their presence during trial in light of Art. 21 of Constitution
Himachal Pradesh High Court: Anoop Chitkara, J., granted bail to the undertrial Nigerian national subject to very stringent conditions. The facts of
To prove case under NDPS Act, ownership of the vehicle not required to be established and proved
Supreme Court: The 3-judge bench of Ashok Bhushan, R. Subhash Reddy and MR Shah, JJ has held that to prove the case
Accused under NDPS Act not entitled to acquittal as a blanket rule merely because the complainant is the investigating officer: 5-Judge Bench
Supreme Court: The 5-judge Constitution bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and S. Ravindra Bhat, JJ has held
Provision under Sections 42 and 50 of the Narcotic Drugs Psychotropic Substances Act, 1985 interpreted
Supreme Court: The bench of Abhay Manohar Sapre and Ashok Bhushan JJ., upheld the decision of the Rajasthan High Court where the