Narcotic Drugs and Psychotropic Substances Act
Gauhati High Court Reduces NDPS Conviction from Commercial to Intermediate Quantity Due to Lack of Proof of Joint Possession
The Court altered the conviction from Section 20(b)(ii)(C) to Section 20(b)(ii)(B), NDPS Act, after the prosecution failed to prove joint possession of the total quantity of ganja recovered under 2 seizure lists and, treating the seizures separately and below commercial quantity.
24-hour Rule Runs from Actual Restraint, Not Arrest Memo; detention Beyond 24 Hours Illegal in NDPS Case: P&H High Court
“Entries contained in police records or arrest memos are merely declaratory and do not constitute infallible or conclusive proof of the time of arrest.”
No more long adjournments: Chhattisgarh HC directs Trial Courts to avoid unnecessary adjournments, fix short and continuous dates
“Such practice not only delays the conclusion of the trial but also adversely affects the fundamental right to speedy trial guaranteed under the Constitution.”
‘Can’t be mute spectator’: Punjab & Haryana HC takes strict note of alleged misuse of NDPS Act; directs State to respond to allegations
“In case the administration within the State of Punjab fails to provide a safe environment to its citizens, the Court can suo motu step in and direct the State to take effective measures to create a congenial environment”
P&H HC sets 4-month deadline for deciding parole applications; Convicts can file contempt cases in case of unjustified delay
“Providing opportunities for temporary release ensures that the ties between the prisoner and the society are not severed. Ensuring that the incarcerated have healthy roots in the society greatly assists in their rehabilitation and reintegration.”
NDPS| SC grants bail to man accused of possessing 450 gm smack upon considering 1.5 years of incarceration
The Supreme Court overturned the Rajasthan High Court’s decision, wherein his bail application was dismissed.
“Drug Addicts are added burden to law-abiding population”; Rajasthan High Court denies bail due to risk of re-offending
“Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony.”
2024 SCC Vol. 5 Part 3
Arbitration and Conciliation Act, 1996 — S. 11(6) and S. 43 — Time-barred claims — Non-reference of, to arbitration — Art. 137
Manipur High Court set asides discharge order of accused involved in transnational drug trafficking syndicate; remands back for trial
The Court held that the trial court should not indulge in a detailed inquiry at the stage of charge framing but should only ascertain whether there are sufficient grounds to proceed based on the police report and prosecution documents.
Important NDPS Decisions by Supreme Court and High Courts in 2023
If you are in search of important NDPS Supreme Court judgments, orders of 2023, or for that matter, the judgments and orders of High Courts related to specific aspects of NDPS Act, this blog provides important matters covered in 2023.
Meghalaya HC grants bail to person accused of offence under NDPS Act
The applicant was arrested in connection with the case registered under Section 21(b) and 29 of the NDPS Act.
Tripura High Court| Section 63 of the NDPS Act does not bar owner from seeking release of confiscated vehicle after the expiry of 30 days
Tripura High Court: The Single Judge Bench of S.G. Chattopadhyay, J. clarified that when a vehicle is confiscated as per
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Utt HC | Bail granted in Narcotic Drugs and Psychotropic Substances Act, 1985 case; Court differentiates possession of small quantity from commercial quantity
Uttaranchal High Court: Alok Kumar Verma, J., allowed a bail application which was filed for grant of regular bail for the offence
Ker HC | Court grants bail to juvenile for offences under Narcotic Drugs and Psychotropic Substances Act, 1985 however commission of similar offence during bail shall result in cancellation of bail
Kerala High Court: Alexander Thomas, J. disposed of an application for bail relating to offences under Narcotic Drugs and Psychotropic Substances Act,
HP HC | Freedom of an individual is of utmost importance and cannot be curtailed for indefinite period; Bail granted under NDPS Act
Himachal Pradesh High Court: Sandeep Sharma, J. contemplated a bail application filed under Section 439 of CrPC where the applicant was charged