Search Results for Tag : NDPS Act
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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
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
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
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
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: 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
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
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
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: 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 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
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
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: 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
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
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: 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
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
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
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
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
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
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