recent illegal search and seizure cases 2022

The Delhi High Court has held that speedy trial form an intrinsic part of Article 21 of the Constitution and the denial of same may be a ground for bail in certain circumstances. Right To Speedy Trial: NDPS Accused Allegedly Found With 500Kg Contraband Gets Bail From Punjab & Haryana High Court After 3 Yrs, Case Title: Naib Singh v. State of Haryana. Thus, restrictions under Section 37 of the Act would apply. The court made the observation while granting bail to Pratap Singh, who was in custody in the case since March 09 last year. The right to a fair trial is fundamental to the rule of law. 46. After the filing of complaint and chargesheet, the witnesses were examined however certain panchas and witnesses turned hostile and supported the case of the prosecution.Subsequently, the trial court after perusing the evidence on record acquitted the accused. ", 10. The Supreme Court on Monday wiped away a lower court decision that held that law enforcement could enter a Rhode Island mans home and seize his firearms without a warrant after his wife expressed fear that he might harm himself. BAIL APPLICATION No. The Bench comprising Justice SH Vora remarkedthat her conscious possession as understood under the law does not surface evena reasonable doubt. The said period would expire by 11.12.2021. 2. Delhi High Court Clarifies Controlled Substances Are Not Affected By The Bar To Bail Under Section 37 Of The NDPS Act, Case Name: TINIMO EFERE WOWO Vs THE STATE GOVT OF NCT OF DELHI. Justice Cheekati Manavendranath Roy observed: "The contraband involved in this case is 16 kgs of Ganja which is not a commercial quantity. 72. 64. "The applicant is in the business of fertilizers and hence the use of word 'Khad' is neither unusual nor strange. - 3607 of 2021]. Section 37 of the NDPS Act mandates a more stricter approach than an application for bail sans the NDPS Act. "The term "conscious possession" is not capable of precise and complete logical definition of universal application in the context of all the statute and the knowledge of possession of contraband has to be ascertained from the fact and circumstances of the case," Justice Sanjay Dhar observed. The Punjab and Haryana High Court recently held that on account of delay in the conclusion of trial, rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act can be relaxed to an extent and prayer of the accused for bail can be considered despite that she was found in possession of a commercial quantity of contraband. 68. The court passed the order on a reference by a single judge on whether LSD alone or the combined weight of LSD and blotting paper would be used to determine the weight the seized drug. A Bench comprising Justice Debangsu Basak and Justice Bibhas Ranjan De observed, "In an adversarial proceeding, the requirement to adhere to the principles of natural justice is imbedded in a statute governing the adjudicating process unless the same is expressly excluded by statute. A mandatory requirement by definition, has to be complied with in toto, in its full letter and spirit, and not as a halfway measure or in a patchy, perfunctory manner or deficient manner," the court said. NDPS Act | Weight Of Neutral Substance Not To Be Ignored While Determining Quantity Of Seized Contraband: Delhi High Court. Draconian Provisions Of NDPS Act Misused: Calcutta High Court Orders Mandatory Videography Of Recovery Procedure, Case Title: In the matter of : Kalu Sk. While granting bail to the petitioner, who was booked under the NDPS Act and detained for being found from a vehicle which carried ganja, a Single Judge Bench of Dr. Justice Sanjeeb Kumar Panigrahi placed heavy reliance on the observations made in Avtar Singh & Ors. The Punjab and Haryana High Court recently held that the sample parcels of alleged contraband that is sent to Forensic Science Laboratory is "case property" and must be produced before trial Court under FSL seal, after the forensic examination is completed. S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC, Case Title: Ubaid A.M. v. State of Kerala. The Kerala High Court has reiterated that the request of an investigating officer seeking extension of statutory 180 days period is not a substitute for the report of public prosecutor as envisaged under Section 36A of the NDPS Act. NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court, Case title - Chhotey Lal v. U.O.I. However, many people, especially young college students, do not know about those rights and may unknowingly be the victims of unlawful drug searches. Justice Swarana Kanta Sharma made the observation while denying bail to one Gurjeet Singh in an FIR registered under sec. In most cases as in the present case, independent witnesses are either not examined or turn hostile. 22. OF NCT OF DELHI). The Supreme Court in the 2009 ruling had said "these provisions should be taken as a discretionary measure which should check the misuse of the Act rather than providing an escape to the hardened drug peddlers.". The Jammu and Kashmir and Ladakh High Court has observed that the Courts cannot make a declaration that a particular drug is a 'manufactured drug' or a 'psychotropic substance' under the NDPS Act. Justice Sandeep Sharma was of the view that this creates a suspicion about the correctness of the prosecution story; as usually, an identity card is kept in a purse or pocket, not in a bag that too with contraband. The Bench of Justice Chandra Kumar Rai ordered to release the applicant- Wali Hassan on bail on his furnishing a personal bonds and two heavy sureties each in the like amount to the satisfaction of the Court concerned. along with a connected matter. The Jammu and Kashmir and Ladakh High Court reiterated that merely because Section 37 of the NDPS Act comes into play where commercial quantity of contraband is involved, it does not mean that the accused cannot be entitled to bail whatever may be the circumstances that may be borne out from the record. A lower court had allowed the search, holding that the decision to take the firearms without a warrant fell within the Fourth Amendments community caretaking exception., But Justice Clarence Thomas, writing for a unanimous Supreme Court, held that the lower courts broad interpretation of the exception goes beyond anything this Court has recognized.. NDPS Act | Commercial Quantity Of Contraband Seized, Mere Non-Mentioning Of Exact Weight In FIR Not Fatal To Prosecution Case: Andhra Pradesh HC, Case Title: Raju Jat Versus The State of Andhra Pradesh. 11:30 AM EDT, Mon May 17, 2021. Act revolve around recovery of narcotic substance from the accused. 1994 SC 2623 and various other decisions, have answered on five points relating to release of an accused in terms of Section 36-A(4) of the N.D.P.S. 47. Presently, commercial quantity of Ganja is 20 Kgs or more. by . The Gujarat High Court has refused regular bail underSection 439 of CrPC to a 66 years old man, from whose property contraband (Poppy Straw) worth Rs. Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years, Case Title: Murali v. The Inspector of Police. Federal laws protect everyone from illegal search and seizure. Status Conference. The Delhi High Court has said that the question whether non-compliance of Section 41 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in the process of arrest, search and seizure vitiates the trial is to be seen at the stage of trial and cannot have any bearing on grant of bail. ", "This is an egregious violation of an accused's right to personal liberty and right to speedy trial as, in the off-chance that the Petitioner is acquitted, it would entail an irretrievable loss of eight years of his life that cannot be compensated. Mischief Rule Can't Be Invoked To Read 'Magistrate' As 'Special Court' U/S 52A NDPS Act: Orissa High Court, Case Title: State of Odisha v. Registrar General, Orissa High Court, Cuttack. FSL Report Forms Foundation Of NDPS Case: Punjab & Haryana High Court Grants Default Bail Despite Chargesheet, Case Title: Mukesh Pal @ Makhan Versus State of Haryana. Adversely Affect Young Generation: Madhya Pradesh High Court Denies Bail To Accused Under NDPS Act In Custody For Almost A Year, Case Title: Rahul Islam Khan and Anr. 62. NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court. 6 Kgs Ganja Not Commercial Quantity, Rigours Of Bail U/S 37 NDPS Act Not Applicable: Andhra Pradesh High Court, Case Title: Dinesh @ Dinesh Versus The State Of Andhra Pradesh. All Rights Reserved. @ Kuran v. State. The Bench of Justice Krishan Pahal granted bail to one Om Prakash Verma who claimed before the Court that the procedure laid down in the Standing Order to be followed while conducting seizure of the contraband was not followed in the instant case. It also made reference to the effects of organized activities of the underworld and the clandestine smuggling of narcotic drugs on adolescents and students, as notice by the Supreme Court. The Karnataka High Court has granted bail to a man accused of possessing Bhang, holding that Bhang is not covered under the Narcotics Drugs and Psychotropic Substances Act (NDPS). The Karnataka High Court has held that an accused charged under the Narcotic Drugs & Psychotropic Substances Act (NDPS) Act does not get aright to default bail under Section 167(2) of CrPC, merely because the chargesheet/ final report filed by the Police after investigation is without FSL report. 2 (wife of accused no.1) for offences under Sections 8(c), 20(b) and 29 of the NDPS Act. P. C, it becomes clear that if an accused has been detained in connection with investigation of a case for a period of more than 180 days in an offence under NDPS Act, he is entitled to be released on bail if he is prepared to and does furnish bail unless the Special Court has extended the period of detention during investigation of the case beyond 180 days, recorded Justice Sanjay Dhar. He was from the forensic sciences laboratory in Kalina. NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To Accused: Orissa High Court, Case Title: Biru Singh v. State of Odisha. . 81. Dorm rooms While college students do Justice A. Badharudeen remarked, that it is relevant, rather shocking to note that the Public Prosecutor who was appointed by the State to conduct serious cases of this nature, even not cared at least to read Section 36-A(4) and its proviso, before filing the report of the Investigating Officer pressing for extension of detention of the accused beyond the period of 180 days Indubitably, it is held that, the report/petition filed by the Investigating Officer cannot be considered as a report/petition envisaged under Section 36-A(4), since the Investigating Officer has no such right. Justice Sanjay Dwivedi was essentially dealing with the bail applications moved by the Applicants accused U/S 8/20, 25, 27(a)/28 R/W Section 29 NDPS Act. 67. The Andhra Pradesh High Court granted bail to a man accused of possessing 6 Kgs of Ganja, observing that the same is not a "commercial quantity" and thus the case for grant of bail will not be governed under Section 37 of NDPS Act. The next morning she could not reach her husband by phone and called the police to ask them to check in on her husbands welfare. 1 Beginning in March FY20, OFO Encounters statistics include both Title 8 Inadmissibles and Title 42 Expulsions. Sections 8(C)/18/29 of the NDPS Act after they were arrested from the general bogey of a Train for allegedly being in possession of a total of 7 KG of opium. The Jammu and Kashmir and Ladakh High Court held that the officers of the Narcotics Control Bureau are police officers within the meaning of Section 25 of the Evidence Act. Section 37 of the Act deals with classification of the offences contained within the Act and provides for cases where bail can be granted to the accused person. 84. Justice Sanjay Kumar Medhi observed that this was so because the offences under the Act were part of an organised crime and any convincing and corroborating material in favour of the prosecution would be sufficient to establish their guilt. 78. Heart and soul of the prosecution is the legitimacy of such recovery. Justice K. Surender noted that while drawing samples from the seized contraband, the investigating authority failed to specify as to from whom the said sample of Ganja was taken as 55 packets were seized from the 1st petitioner/A1 40 packets were seized from the 2nd petitioner/A2, 12 packets were seized from A10. S.25 NDPS Act | Gujarat High Court Denies Bail To Senior Citizen Over Recovery Of Poppy Straw Worth 16.6 Lakh From His Property, Case Title: Narughar Songhar Goswami V/S StateOf Gujarat. Washington CNN The Supreme Court on Monday wiped away a lower court decision that held that law enforcement could enter a Rhode Island man's home and seize his firearms without a warrant. v. State of Kerala. The Allahabad High Court last week granted bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) from whose possession allegedly over 1 Quintal of Ganja was recovered. The Allahabad High Court has observed that the Magistrate/Special Judge, NDPS Act has the power to consider the application for the interim custody of the conveyance/ vehicle (seized under the NDPS Act) under the provision of Section 451 and 457 of Cr.P.C. The Supreme Court of Ohio today vacated a Marion County woman's drug possession conviction, finding police illegally searched a bookbag with a baggie sticking out from the zipper.. Rigors Of S.37 NDPS Act Can Be Relaxed In Cases Involving Commercial Quantity If There Is Delay In Conclusion Of Trial: Punjab & Haryana High Court, Case Title : Ghanso @ Kalo v. State of Punjab. Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy. The principle audi alteram partem needs to applied at every stage of an adversarial proceeding to ensure fair trial, unless its applicability is expressly ousted by statue." United States of America v. City of Seattle. The High Court set aside the orders passed by a Sessions-cum-Special Court which granted extension to submit chargesheet without providing hearing to accused and not even releasing him when he was entitled for 'default bail'. 21. The Andhra Pradesh High Court recently laid down that if investigation in illegal possession of commercial quantity of ganja is pending beyond the statutory limit of 180 days by virtue of extension granted under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) well in advance, then default bail under Section 167(2) CrPC cannot be granted. The Punjab and Haryana High Court recently denied regular bail to an accused involved in a case registered in the year 2020 under Narcotic Drugs and Psychotropic Substances Act, 1985, over recovery of 120 grams heroin along with drug money. 75. The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. 5. Wed 12 Jan 2022 06.00 EST Last modified on Wed 12 Jan 2022 10.06 EST C hristopher Hall parks his old Toyota on a dirt road that dead-ends in a forest in Oregons Illinois Valley. 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