Search Results for Tag : NDPS
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J&K&L HC: Courts Cannot Declare Particular Drug as Manufactured Drug or Psychotropic Substance(31.03.2022)
Jammu and Kashmir and Ladakh High Court has ruled that the Courts cannot declare that a particular drug is a manufactured drug or a psychotropic subst.....
Tags : Jammu and Kashmir, Ladakh, High Court, NDPS Act, manufactured drug, psychotropic substance
Punjab & Haryana HC: NDPS Bail Conditions Are Discriminatory, Irrational(27.08.2018)
Punjab & Haryana High Court has held that bail conditions enumerated under second part of Section 37 (1)(b)(ii) OF NDPS Act which requires a satisfact.....
Tags : Punjab & Haryana High Court, NDPS Act
Sec.50 NDPS Act not Complied Just by Stating that Police Conducted Search with Consent: Delhi HC(16.11.2018)
Delhi High Court has held that conditions of search under Sec. 50 of Narcotic Drugs and Psychotropic Substances Act are mandatory and they cannot be f.....
Tags : Delhi High Court, NDPS Act
Punjab And Haryana HC Grants 3 Months' Interim Bail to NDPS Accused to Look After Newborn(17.04.2020)
Punjab and Haryana High Court has granted three months' interim bail to a woman prisoner, arrested under the Narcotic Drugs and Psychotropic Substance.....
Tags : Punjab & Haryana High Court, Interim Bail to NDPS Accused
Kerala HC: Anticipatory Bail Cannot be Granted Merely Because 'Nothing was Recovered' from Accused(06.08.2020)
Kerala High Court has held that anticipatory bail cannot be granted in an Narcotic Drugs and Psychotropic Substances Act, 1985 case merely because 'no.....
Tags : Kerala High Court, Anticipatory Bail in NDPS Case
HP HC: Highly Unlikely One Would Keep ID in Bag Along With Contraband; Grants Bail to NDPS Accused(25.05.2022)
Himachal Pradesh High Court while granting bail to an accused under the Narcotics Drugs and Psychotropic Substances Act, 1985 said that it is highly u.....
Tags : Himachal Pradesh High Court, NDPS, Bail
SC to Punjab Govt.: Ensure Absconding NDPS Accused are Brought to Book(27.05.2022)
Supreme Court has directed the State to put in place appropriate provisions to ensure that the absconding NDPS offenders/Accused are brought to book w.....
Tags : Supreme Court, Punjab Government, NDPS, Absconding
Gujarat HC: Contraband of Small Quantity Does Not Attract Embargo on Bail U/S 37 of NDPS Act(13.06.2022)
Gujarat High Court while granting bail under Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) has held that bail under Section 37 of the ND.....
Tags : Gujarat High Court, NDPS, Bail
Bombay HC: All NDPS Offences are Non-Bailable, Regardless of Contraband Quantity(08.10.2020)
Bombay High Court has held that all offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, are non-bailable.
Tags : Bombay High Court, NDPS Offences
Calcutta HC Orders Mandatory Videography of Recovery Procedure Under NDPS Act(24.06.2022)
Calcutta High Court has directed that in all cases involving recovery of narcotic substances, seizing officers shall make a video recording of the ent.....
Tags : Calcutta High Court, Videography, Recovery Procedure, NDPS
Delhi HC Grants Bail to NDPS Accused on Lack of Medical Evidence(30.09.2020)
Delhi High Court has granted bail to a person accused under sections 20 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 by noting tha.....
Tags : Delhi High Court, Bail to NDPS Accused
Kar. HC: Bhang Not Covered Under NDPS Act, Prosecution Must Show it is Prepared From Charas(29.08.2022)
Karnataka High Court while granting bail to man accused of possessing Bhang, has held that Bhang is not covered under the Narcotics Drugs and Psychotr.....
Tags : Karnataka High Court, Bhang, Charas, NDPS
SC Dismisses Plea Challenging Provisions Criminalising Personal Consumption of Drugs(30.08.2022)
Supreme Court while dismissing plea seeking to declare certain provisions of Narcotic Drugs and Psychotropic Substance Act as invalid, has held that A.....
Tags : Supreme Court, NDPS, Personal Consumption
Same Person can’t be Investigating Officer and Complainant in NDPS Cases: Delhi HC(03.12.2018)
Delhi High Court has reiterated that proceedings under Narcotic Drugs and Psychotropic Substances Act, 1985 stand vitiated if the same person acts as .....
Tags : Delhi High Court, NDPS Act
SC: Credible & Plausible Grounds to Believe Accused is Not Guilty Required to Grant Bail(20.07.2022)
Supreme Court has held that the expression ‘reasonable grounds’ used in Section 37(1)(b) under NDPS Act would mean credible, plausible grounds for the.....
Tags : Supreme Court, NDPS, Bail
SC: Benefit of Tofan Singh Judgment May be Taken During Regular Bail Hearing(22.07.2022)
Supreme Court while setting aside Anticipatory bail granted to NDPS accused, has held that an accused under NDPS Act may be able to take advantage of .....
Tags : Supreme Court, Bail, NDPS
Violation of Mandatory Formalities Under NDPS Act 'Reasonable Ground' to Grant Bail: Kerala HC(04.02.2019)
Kerala High Court has held that violation of mandatory formalities under NDPS Act, including search procedure under Section 50 of Act, constitute "rea.....
Tags : Delhi High Court, NDPS Act
SC: All Investigative Powers Vested in Officer Vested in Officers Designated Under NDPS Act(30.10.2020)
Supreme Court has observed that all the investigative powers vested in an officer in charge of a police station under the Code of Criminal Procedure, .....
Tags : Supreme Court, Officers Designated Under NDPS Act
Tripura HC Asks Govt Why About 70% of Persons Arrested in NDPS Cases are Out on Bail(23.01.2019)
Tripura High Court has sought explanation from the state government about why 435 out of 660 persons arrested in connection with crime relating to psy.....
Tags : Tripura High Court, NDPS cases
Bombay HC: Combined Weight of LSD & Blotter Relevant to Determine Quantity(10.11.2022)
Bombay High Court at Goa has held that combined weight of Lysergic Acid Diethylamide (LSD) drug and blotting paper carrying it is necessary to ascerta.....
Tags : Bombay High Court, NDPS, Quantity
Ker. HC: Extension of statutory period; Prosecutor's Report Must Disclose Progress of Investigation(14.11.2022)
Kerala High Court has held that in order to extend statutory period of 180 days to complete the process of investigation as per Section 36-A(4) of NDP.....
Tags : Kerala High Court, Detain, NDPS
Unauthorised Bulk Possession of Manufactured Drugs Triable Under NDPS Act As Well: SC(04.12.2018)
Supreme Court has held that persons who are found in bulk possession of manufactured drugs without any valid authorization can be tried under the Narc.....
Tags : Supreme Court, NDPS Act
Delhi HC: Violation of Mandatory Provisions for Seizure Need Not be Looked into in Bail Proceedings(13.09.2022)
Delhi High Court has held that effect of non-compliance of any mandatory provision under NDPS Act or any irregularity at time of making of seizure mem.....
Tags : Delhi High Court, NDPS, Mandatory Provision, Bail
Bombay HC: Non-Compliance of Section 42 of NDPS Act Vitiates Trial(04.01.2021)
Bombay High Court has upheld the acquittal order of the Special Judge for Narcotic Drugs and Psychotropic Substances Act, 1985, (NDPS Act) Pandharpur,.....
Tags : Bombay High Court, Non-Compliance of Section 42 NDPS Act
P&H HC: FSL Report Forms Foundation of NDPS Case(01.12.2022)
Punjab and Haryana High Court has held that the report of Forensic Science Lab forms the foundation of prosecution case in NDPS proceedings and in cas.....
Tags : Punjab and Haryana High Court, NDPS, FSL Report
CRIMINAL - Bombay HC Sets Aside NDPS Court Order Releasing Two Accused(18.03.2019)
Bombay High Court has set aside a Special Narcotic Drugs and Psychotropic Substances (NDPS) court order releasing two men accused of possessing narcot.....
Tags : Bombay High Court, NDPS
Delhi High Court: 2001 Amendment to NDPS Act Adopts Reformative Approach For Drug Addicts(16.03.2017)
Delhi High Court has observed that 2001 amendment to Narcotic Drugs & Psychotropic Substances Act, 1985, has adopted a reformative approach towards ad.....
Tags : Delhi High Court, NDPS Act, 2001 Amendment
HP HC: S.37 NDPS Act Can’t be Invoked in Perpetuity to Dilute Right of Expeditious Trial(13.01.2023)
Himachal Pradesh High Court has held that stringent provisions concerning bail under Section 37 of Narcotic Drugs and Psychotropic Substances (NDPS) A.....
Tags : Himachal Pradesh High Court, NDPS, Bail, Expeditious Trial
SC: Only Small Peddlers Are Caught Not Culprits Actually Running Drug Syndicate(13.02.2023)
Supreme Court while granting bail to an undertrial in an NDPS case, has observed that in NDPS cases, smalltime drug peddlers are mostly caught and not.....
Tags : Supreme Court, NDPS, Drug Peddlers, Syndicate
JKL HC: Threat to Public Health is Ground for Detention(13.02.2023)
Jammu and Kashmir and Ladakh High Court has held that merely because detaining Authority among other grounds has also observed that activities of dete.....
Tags : Jammu and Kashmir and Ladakh High Court, Detention, PIT-NDPS Act
SC: Getting Bail Would be Impossible if Courts Does Plain & Literal Interpretation of S. 37 NDPS Act(31.03.2023)
Supreme Court while granting bail to undertrial prisoner arrested 7 years ago under NDPS Act, has observed that plain & literal interpretation of cond.....
Tags : Supreme Court, NDPS, Undertrial, Punitive Detention, Bail
Delhi High Court Upholds Inclusion of 'Ketamine' in List of OPsychotropic Substances Under NDPS Act(13.04.2017)
Delhi High Court has upheld inclusion of Ketamine in list of psychotropic substances for purposes of Narcotic Drugs and Psychotropic Substances (NDPS).....
Tags : Delhi High Court, Narcotic Drugs and Psychotropic Substances (NDPS) Act, Ketamine
Cal HC: Order Extending Detention U/S 36A NDPS Act Can’t be Challenged Once Chargesheet is Filed(27.04.2023)
Calcutta High Court while observing that upon conclusion of investigation and submission of chargesheet, order extending detention under Section 36A o.....
Tags : Calcutta High Court, NDPS, Detention, Chargesheet
SC: Under NDPS Act, ‘Ganja Seeds’ are Not a Banned Contraband(28.04.2023)
Supreme Court while granting bail to a man accused of supplying ganja seeds for cultivation, has observed that as per NDPS Act, Ganja seed is not a ba.....
Tags : Supreme Court, NDPS Act, Ganja Seeds, Banned, Contraband
Delhi HC Directs Google, Indian Kanoon to Remove Judgment of American Citizen Acquitted in NDPS Case(25.05.2021)
Delhi High Court has granted interim protection to an American Citizen of Indian origin by directing Indian Kanoon to block the judgement of his acqui.....
Tags : Delhi High Court, Judgment of American Citizen Acquitted in NDPS Case
Uttarakhand HC: Non-Compliance of Section 50 NDPS Act is Sufficient for Acquittal(13.04.2023)
Uttarakhand High Court while observing that non-complaince with Section 50 of NDPS Act makes sufficient case for acquittal, has acquitting a person w.....
Tags : Uttarakhand High Court, Non-Compliance, NDPS, Acquittal
Ker. HC: IOs/PPs Can’t Casually Seek Extension of Time for Completing Probe in NDPS Cases(17.03.2023)
Kerala High Court while observing that investigating officers (IO) and public prosecutors (PP) can’t casually seek extension of time for completing pr.....
Tags : Kerala High Court, NDPS, Detention, Extension of Time
Bom HC: FIR can be Against IO if he Fails to File Chargesheet Within 180 Days in NDPS Case(19.05.2023)
Bombay High Court while directing prosecution of investigating officer (IO) for failing to file chargesheet within time stipulated of 180 days under S.....
Tags : Bombay High Court, FIR, Chargesheet, NDPS Act, Investigating Officer
Del. HC: Application for Drawing Sample U/S 52A of NDPS Act Should Be Made Within 72 Hours(19.05.2023)
Delhi High Court has observed that application for drawing sample of drug or psychotropic substance under Section 52A of NDPS Act must be made within .....
Tags : Delhi High Court, NDPS Act, Sample, Application
Delhi High Court Explains Presence of Magistrate/GO Necessary for Search Under NDPS Act(31.07.2019)
Delhi High Court has explained the settled position of law that search of an accused under Section 50 of the Narcotic Drugs and Psychotropic Substance.....
Tags : Delhi High Court, NDPS Act
JKL HC: Prosecution Must Prove Safe Custody of Contraband Upon Seizure to Avoid Acquittal(27.06.2023)
Jammu and Kashmir and Ladakh High Court while observing that Section 55 of NDPS is enacted to ensure police keep alleged contraband in safe custody to.....
Tags : Jammu and Kashmir and Ladakh High Court, NDPS, Safe Custody
SC: Liberty Will Override Embargo U/S 37 of NDPS Act, in Case of Prolonged Incarceration(17.07.2023)
Supreme Court while observing that prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 2.....
Tags : Supreme Court, NDPS Act, Liberty, Embargo
SC: Bom. HC’s Observations of NDPS Act in Rhea Chakraborty’s Case Not to be Treated as Precedent(19.07.2023)
Supreme Court has observed that the observations of Bombay High Court regarding interpretations of NDPS Act, in Rhea Chakraborty case will not be trea.....
Tags : Supreme Court, NDPS Act, Rhea Chakraborty
Cal. HC: Lab Report Can’t be Filed Through Supplementary Chargesheet(28.08.2023)
Calcutta High Court while observing that Chemical Examination Report is the most vital piece of evidence in NDPS Case and therefore can’t be filed thr.....
Tags : Calcutta High Court, Supplementary Chargesheet, NDPS
Ker HC: Eagerness to Maintain Secrecy Relevant for Considering Reasonable Grounds U/S 37 of NDPS Act(04.09.2023)
Kerala High Court has held that eagerness to maintain secrecy is relevant for considering 'reasonable grounds' as provided under section 37 of NDPS Ac.....
Tags : Kerala High Court, NDPS Act, Secrecy
SC: Non-Sending of Report u/s 57 NDPS Act in 48 Hours of Arrest Will not Vitiate Entire Proceedings(28.01.2020)
Supreme Court has reiterated that merely because the report contemplated under Section 57 of the Narcotic Drugs and Psychotropic Substances Act, 1985 .....
Tags : Supreme Court, Non- Sending of Report under NDPS Act, Proceedimgs
Supreme Court Grants Bail to Narcotic Drugs and Psychotropic Substances Act Accused(29.01.2020)
Supreme Court has granted bail to an accused charged under Narcotic Drugs and Psychotropic Substances Act, 1985 on the ground that there is a reasonab.....
Tags : Supreme Court, Bail under NDPS
SC: Confessional Statement Recorded U/S 67 of NDPS Act Not Admissible(25.09.2023)
Supreme Court has held that officer having powers under Section 53 of NDPS Act is a police officer and therefore confessional statement recorded under.....
Tags : Supreme Court, NDPS Act, Police Officer, Confession
P&H HC: In Order to Preserve Right to Speedy Trial, S.37 of NDPS Act can be Relaxed(06.10.2023)
Punjab and Haryana High Court while granting bail to an accused who has been in custody for over 3 years in NDPS case, has observed that Section 37 of.....
Tags : Punjab and Haryana High Court, NDPS, Bail
SC: S.50 of NDPS Act Only Applicable for Search of Physical Person and Not Artificial Unit(09.10.2023)
Supreme Court while summarizing the principles for search of a person under NDPS Act, has held that the scope of Section 50 is applicable only to a na.....
Tags : Supreme Court, NDPS, Search
SC: Trail Under NDPS Act Stands Vitiated if Samples are Drawn Violating Section 52A(16.10.2023)
Supreme Court has held that once it is apparent that the seized contraband and the samples drawn therefrom were not as per the mandate of Section 52A .....
Tags : Supreme Court, NDPS, Contraband, Section 52A
P&H HC Allows Petitions Seeking Suspension of Sentence in NDPS Cases(14.01.2022)
Punjab and Haryana High Court has allowed 10 petitions filed seeking suspension of sentence in cases under the Narcotics Drugs and Psychotropic Substa.....
Tags : Punjab and Haryana High Court, Suspension of Sentence in NDPS Cases
Gauhati HC: Three Conditions Under Section 37 NDPS Act to Grant Bail Conjunctive in Nature(16.09.2021)
Gauhati High Court has held that the three conditions stipulated under Section 37 of the NDPS Act for grant of bail to an accused person are conjuncti.....
Tags : Gauhati High Court, Three Conditions Under Section 37 NDPS Act
MP HC Directs State to Pay Compensation to NDPS Accused for Violation of Fundamental Right(20.09.2021)
Madhya Pradesh High Court has directed state government to pay 50,000/- to an Narcotic Drugs and Psychotropic Substances Act, 1985 accused within 15 d.....
Tags : Madhya Pradesh High Court, Compensation to NDPS Accused
Calcutta HC Seeks Response in PIL Seeking Establishment of Special Courts for NDPS Cases(17.01.2022)
Calcutta High Court has sought response from the State government in a Public Interest Litigation (PIL) petition seeking the establishment of Special .....
Tags : Calcutta High Court, Special Courts for NDPS Cases
Delhi HC: Mixing Of Contraband From Two Different Cartons Before Forensic Analysis Is Contrary of Law(28.01.2022)
Delhi High Court has observed that where the quantity of contraband recovered in a case is large and it is not practicable to send the entire quantity.....
Tags : Delhi High Court, NDPS Act, Forensic Report
Del. HC: Can’t Invoke Bar Given u/s 37 of NDPS Where Evidence Against Accused Appears Unbelievable(22.02.2024)
Delhi High Court has held that bar related to bail provided under Section 37 of Narcotic Drugs and Psychotropic Substances Act (NDPS) cannot be invoke.....
Tags : Delhi High Court, Section 37 of NDPS
Punjab and Haryana HC: Specifying Rights of Accused under NDPS Act Mandatory Requirement(08.11.2021)
Punjab and Haryana High Court has observed that a notice under Section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 should specify what .....
Tags : Punjab and Haryana High Court, Rights of Accused under NDPS Act
Ker HC: Accused not Entitled to Bail u/s 37 NDPS Act if Trial Doesn’t Start Within a Specific Period(11.01.2024)
Kerala High Court has held that S.37 of NDPS Act doesn’t lay down any stipulation that accused in entitled to be released on bail if trial doesn’t com.....
Tags : Kerala High Court, Bail, Trial, NDPS Act
Absence of Witness Signatures on Arrest Memo is Sufficient to Assume Wrongful Detention: Calcutta HC(16.08.2018)
Calcutta High Court has asserted that absence of witness signatures on arrest memo is sufficient to discharge the onus on the accused to establish tha.....
Tags : Calcutta High Court, NDPS Act
Del HC: No Restraint in Grant of Bail Under S. 37 of NDPS Act For Undue Delay in Completion of Trial(29.02.2024)
Delhi High Court has held that Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) does not put a restrain on granting bail .....
Tags : Delhi High Court, Section 37 of NDPS, Trial Completion
SC: Can’t Convict Accused For Keeping Narcotics if Mandate u/s 52 of NDPS Act Not Fulfilled by Police(04.03.2024)
Supreme Court has held that if no proceedings under Section 52A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) are undertaken by t.....
Tags : Supreme Court, S. 52A of NDPS, Psychotropic Substances
SC Issues Notice in Plea Challenging Bail Granted to BJP Leader Rakesh Singh in NDPS Case(16.12.2021)
Supreme Court has issued notice in a special leave petition filed by State of West Bengal assailing Calcutta High Court's order of granting bail to BJ.....
Tags : Supreme Court, BJP Leader Rakesh Singh in NDPS Case
Delhi High Court Grants Bail to NDPS Accused Who Was in Custody for 9 Years(24.12.2021)
Delhi High Court has granted bail to a man who was in custody for 9 years in an Narcotics Drugs and Psychotropic Substances case, observing that while.....
Tags : Delhi High Court, Bail to NDPS Accused