seized contraband Archives

Quantity of substance not required in NDPS arrest

Informing role and grounds of arrest sufficient in NDPS case with no contraband recovery; quantity need not be conveyed: Kerala HC

“The requirement of informing the person arrested of the grounds of arrest is not a formality but a mandatory statutory and constitutional requirement, and the non-compliance with Article 22(1) is a violation of a fundamental right and of the right to personal liberty guaranteed by Article 21 of the Constitution.”

Case Briefs Supreme Court

Mere non-production of seized contraband during trial may not be fatal if there is reliable evidence in respect of its seizure: SC

The Court further restored the case of the file of the High Court for fresh decision in accordance with law as neither the High Court nor the Trial Court has enlisted the entire evidence available on record; therefore, it was difficult for the Court to take a decision with precision.

Case Briefs High Courts

Delhi High Court set aside conviction on non-compliance of mandatory condition u/S. 50 of NDPS Act of informing accused of his personal search in presence of Gazetted Officer/Magistrate

Delhi High Court: While deciding the instant appeal directed against the judgment of conviction and order of sentence passed by