recent illegal search and seizure cases 2022

2. 57. NDPS Act | Courts Can't Declare A Particular Drug As 'Manufactured Drug' Or 'Psychotropic Substance': JKL High Court, Case title - KHURSHID AHMAD DAR v. UNION TERRITORY OF J&K. The bench of Justice Subhash Vidyarthi observed that although the search and seizure were conducted at a Railway Station, there was no independent witness to the alleged recovery as the constables of the Railway Police Force cannot be said to be independent witnesses. Heart and soul of the prosecution is the legitimacy of such recovery. Opining further that such a Gazetted Officer cannot be said to be an independent person before whom such a search can be conducted under Section 50 of the NDPS Act, the Court underscored, "A Gazetted Officer who had proceeded to the place of occurrence after entertaining reasonable belief that the accused persons may be carrying narcotic substance cannot be said to be an independent person before whom the law contemplates a search. Published - 42918 of 2021]. The Punjab and Haryana High Court recently refused to doubt the prosecution's story in a NDPS case, merely on the ground that the alleged secret information on the basis of which the accused was apprehended was shared with a Gazetted officer, even before his apprehension. 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. Conditions Imposed During Interim Bail U/S 439(1) Cannot Be Construed To Mean "In Custody" While Reckoning Period For Default Bail : J&K&L High Court. Justice A. Badharudeen said when contraband is recovered on search of a person, who is driving the vehicle alone, after compliance of Section 50 of NDPS Act, it would not be safe to hold that vehicle also was used for transporting the drug so as to make the vehicle a subject matter of confiscation. The development ensued in a State-appeal, preferred againstthe order of Special Judge, acquitting the Accused No. The Bombay High Court granted bail to a priest who is accused of growing cannabis plants in the temple premises in Pune. The Punjab and Haryana High Court has held that in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985, FSL report goes to the root of the case and hence a charge sheet filed without it cannot be treated as a complete chargesheet. 27. ", 24. The appeal was dismissed, and Ms. Green was awarded costs in the amount of $5,000. The Jammu and Kashmir and Ladakh High Court ruled that merely because the FSL report did not accompany the charge sheet at the time of its presentation, it cannot be said that the charge sheet was incomplete or defective. [NDPS Act] Combined Weight Of LSD & Blotter Relevant To Determine Small Or Commercial Quantity Contraband: Bombay High Court, Case Title: H. S. Arun Kumar v. State of Goa. Roadways to the Bench: Who Me? The court further said since the "fountainhead of the recovery" itself is missing, "I am of the view that no reliance can be placed on the recovery made from the applicant". Bhang Not Covered Under NDPS Act, Prosecution Must Show It Is Prepared From Charas/ Ganja: Karnataka High Court, Case Title: ROSHAN KUMAR MISHRA v. THE STATE OF KARNATAKA, Case No: CRIMINAL PETITION NO.6611 OF 2022. and Another [CRIMINAL REVISION No. The High Court held that a person merely sitting in a vehicle from which contrabands were seized does not necessarily point to the fact that the said person had possession of those contrabands. The Bench comprising Justice SH Vora and Justice Sandeep Bhatt said, "IO while acting on prior information and before making search of a person, it is imperative for him to inform the respondent-accused about his right to sub-section (1) of Section 50 of the NDPSAct for being taken to the nearest Gazetted Officer or the Magistrate for making search in their presence. Therefore, recovery or seizure cannot be held to be a sine qua non for the arrest/detention or even for conviction if there are other convincing and corroborating materials which in the present case are abundantly available. You agree to our use of cookies by continuing to use our site. Report Filed By Investigating Officer Does Not Satisfy Mandate Of S.36A(4) NDPS Act: Kerala High Court, Case Title: Muhammed Ajmal v. State of Kerala. A Bench comprising Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay opined that all police officers are ordinarily equipped with smartphones and other electronic gadgets which would enable them to videograph such a recovery procedure. In a case involving a foreign national arrested under the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Delhi High Court clarified the liability of persons accused of offenses involving controlled substances and the foreigner's right to bail. NDPS Act | FSL Report Goes To Root Of Case, Challan Filed Without It Is Incomplete: Punjab & Haryana High Court, Case Title : Rohtash @ Raju v. State of Haryana. 84. 59. Therefore, it was held that it is not possible for the Court to direct that the powers exercisable by the Magistrate under Section 52-A could be exercised by the Special Judge under Section 36. 38. NDPS Act: All India High Court Cases 2022, We use cookies for analytics, advertising and to improve our site. 69. "Issues Of Undertrials Standing Stubborn Against Face Of Democracy": Rajasthan HC Grants Bail To NDPS Accused In Jail For 6 Yrs. In this case, the Petitioner was the source person for Pseudoephedrine drug for a business chain operating in Punjab, Haryana, and Delhi. 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 Andhra Pradesh High Court observed that mere non-mentioning of exact quantity of ganja in FIR will not render prosecution's case meritless, if the amount obtained from the accused is a commercial quantity. 52. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. 21. The single judge bench comprising Justice Jasmeet Singh noted that denial of bail without any possibility of the trial concluding anytime soon would cause an infringement of the accused person's right guaranteed under Article 21 of the Constitution. In light of the recent Supreme Court rulings, it is vital that Michigan criminal defendants contact an experienced attorney to discuss the best defense in their specific case.Contact Michigan Defense Law at 248-451-2200 to schedule a free initial consultation with an attorney at our office. To put it differently, temple premises being accessible to the public at large, it cannot be said that said premises were in exclusive possession and control of the applicant", the court said in its order. 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 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. Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal, Case Title: State Of Gujarat Versus Paramjit @Kali Himmatsingh Chima. Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years, Case Title: Murali v. The Inspector of Police. 2. "The Hon'ble Supreme Court as well as this Court has clearly opined that in case Section 50 of the NDPS Act is not complied with, the applicant is entitled to bail," Justice Singh said. Gazetted Officer Who Is Part Of Raid Is Not 'Independent', Personal Search Conducted By Him Does Not Constitute Compliance Of S.50 NDPS Act: Calcutta HC, Case Title: Ali Hossain Sk. S. 37 NDPS Act| Court's Prima Facie Satisfaction In Favour Of Accused Must Be Based On 'Reasonable Grounds': Delhi High Court. Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court, Title: SULEMAN v. THE STATE (NCT OF DELHI). This Court, in the case of Lambodar Bag (supra) after taking into consideration the principles decided in the case of Hitendra Vishnu Thakur v. State of Maharashtra, reported in A.I.R. It requires existence of such facts and circumstances as are sufficient to justify satisfaction that the accused is not guilty of the alleged offence. OF NCT OF DELHI). It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. Supreme Court takes up major abortion case next term that could limit Roe v. Wade, The very core of the Fourth Amendment, Thomas wrote, is the right of a man to retreat into his own home and there be free from unreasonable search and seizure., The case involved Edward Caniglia, who in a dispute with his wife in 2015 brought out his gun and put it on the dining room table, asking his wife to shoot him now to get it over with.. 83. 44. Conjoint reading of Section 36A of NDPS Act and Section 167 of Cr. 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. In that decision, the judge wrote that Mr. Hill failed to file written post-hearing submissions. [NDPS Act] Call Conversations B/W Co-Accused Sans Transcript Not Corroborative Material In Absence Of Substantive Evidence: PH High Court, Case title - Vikrant Singh v. State of Punjab and connected matters, The Punjab and Haryana High Court has observed that without the transcript of the conversations exchanged between the co-accused, mere call details would not be considered to be corroborative material in absence of substantive material found against the accused in a case under Narcotic Drugs and Psychotropic Substances Act, 66. [NDPS Act] Cannabis Seeds & Leaves Excluded From Definition Of 'Ganja' Only When Not Accompanied By Flowering & Fruiting Tops: Karnataka HC, Case Title: Rangappa v. State By Basavapatna P S, Case no: CRIMINAL PETITION NO.11678 OF 2022. NCB Officers Are Police Officers U/S 25 Of Evidence Act, Confessional Statement Made To Them U/S 67 NDPS Act Inadmissible: J&K&L High Court, Case Title: Ghulam Mohd Bhat v. Narcotics Control Bureau. The Karnataka High Court while rejecting a bail application by an accused charged under provisions of the Narcotics Drugs and Psychotropic Substance Act (NDPS) has reiterated that merely because the chemical analysis report of the contraband seized is not received within 15 days, it is not a ground to release the accused on bail. Subscribe to Live Law now and get unlimited access. 31. 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. ", 34. 11:30 AM EDT, Mon May 17, 2021. 2,52,15,350 was found. Observing that despite Supreme Court guidelines, and legal and executive reforms, there is no significant improvement in the state of the under-trials, the Rajasthan High Court recently granted bail to an NDPS accused in view of his over 6 years' incarceration as an under-trial. 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. A division bench comprising of Justice Siddharth Mridul and Justice Amit Sharma was dealing with a plea wherein three questions were referred to it by a single judge bench concerning the issue pertaining to miniscule percentage of a narcotic substance under the Act. Drugs Controls Act, 1949 on the ground that cases of drug abuse are on the rise, which is adversely affecting the young generation. 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. 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." The Allahabad High Court recently granted bail to an accused under Narcotic Drugs and Psychotropic Substances Act as it noted that the constables of the Railway Police Force, who witnessed the alleged recovery, search, and seizure, cannot be said to be independent witnesses. The Punjab and Haryana High Court has held that when dealing with a case registered under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the power to grant regular bail under Section 439 CrPC is subject to the conditions laid down in Section 37 of the NDPS Act. - 3607 of 2021]. Status Conference. 14. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi was adjudicating upon an appeal moved against an order passed by the concerned lower Court convicting the appellants for commission of offence punishable under Section 22(c) read with Section 29 of the NDPS Act. Presently, commercial quantity of Ganja is 20 Kgs or more. Man Arrested Based On Phone Calls, Money Trail Connected With NDPS Accused: Punjab & Haryana High Court Refuses Bail. 49. An officer who wants to search will typically need either permission or a warrant. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice A.K. Justice G Jayachandran observed that the seized contraband had not been tested for its content even after 5 years. The Jammu and Kashmir and Ladakh High Court ruled that the expression "possession" used in the provisions contained in Section 20 and 22 of the NDPS Act clearly specify that the standard of conscious possession would be different in case of public transport as opposed to a private vehicle with few persons known to one another. Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy. ", 10. However, many people, especially young college students, do not know about those rights and may unknowingly be the victims of unlawful drug searches. 6. 81. However, for non-commercial quantity, there is no such bar for grant of bail under the provision. Denial Of Speedy Trial Infringes Fundamental Right Under Article 21, May Be A Ground For Grant Of Bail: Delhi High Court, CASE TITLE: GURMITO v. CENTRAL BUREAU OF INVESTIGATION. 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. In this backdrop, acceptance of the offer by the appellants to be searched before an officer who is a member of the raiding party cannot be said to be a voluntary expression of their desire to be searched before such officer. A single judge bench of Justice H P Sandesh said,"Assistant Commissioner of Police is also a Gazetted OfficerSearch by the officer of the said department is not a bar and no law prescribes that he (suspect/accused) should be subjected to the personal search in the presence of the Gazetted Officer not belonging to the particular department. 7. S.50 NDPS Act | Personal Search Conducted In Presence Of ACP Not Bad Merely Because He Belongs To Police Dept: Karnataka High Court, Case Title: Joswin Lobo v. State of Karnataka Case No: Criminal Petition No.6916/2021, The Karnataka High Court has said there is no bar on a police officer, who is a gazetted officer, on carrying out a personal search to draw a mahazar, on an accused/ suspect under the Narcotic Drugs and Psychotropic Substances Act, 1985. Justice Swarana Kanta Sharma made the observation while dismissing a revision petition filed by an accused in relation to a case registered under Narcotics Drugs and Psychotropic Substances Act, 1985, challenging the order of Trial Court wherein his plea for Default Bail was dismissed. Warrantless Video Surveillance is . 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. @ Kuran v. State. 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. In December, the Court released an addendum to Almon v Hill, 2022 NSSC 310, a decision about the imputation of income for child support determinations. 28. In the instant case, the Petitioner has been incarcerated for almost eight years now, i.e. 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. 41. Even though state officials are considered supreme and in charge of law and order they are expected to act responsibly, the Bombay High Court said while granting bail to a Nigerian national, who spent almost two years in prison because of a chemical analyser's mistake. 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. Any recovery made without compliance of Section 50 of the NDPS Act itself cannot be sustained," said Justice Jasmeet Singh in the order. The substance was found to be 750 grams (one polybag containing 400 gms and other 350 gms). Sections 36-A to 36-C which specify the powers of the Special Judge do not expressly state that such Special Judge can exercise the powers of the Magistrate for the purposes of Section 52-A(2) to (4) of the 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. In a unanimous decision, the Supreme Court ruled Marion police had the authority to seize Kennedy Burroughs' bookbag from her bathroom floor, but needed a warrant to search it. 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. 42. The Delhi High Court has observed that refusal by an accused to get a search conducted before a Gazetted Officer or a Magistrate under section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 would be vitiated if he misunderstands, misinterprets or even due to miscommunication of the questions put to him. ", 63. The petitioner was found to be in illegal possession of 16 kgs of Ganja that he was apprehended by the police and the contraband was seized from his possession. In a significant judgment, the Calcutta High Court directed that in all cases involving recovery of narcotic substances, seizing officers shall make a video recording of the entire procedure and that reasons for failing to videograph the recovery must be specifically stated in the investigation records. The Tripura High Court has made it clear that Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not bar the owner of a vehicle seized in raid to make an application seeking interim custody/ bail of his vehicle after expiry of thirty days from the date of seizure. The High Court reiterated that it is mandatory to issue notice and provide fair hearing to accused before extending time beyond statutory period to file chargesheet in cases relating to offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Fiscal Year 2022 runs October 01, 2021 - September 30, 2022. Punjab and Haryana High Court while dealing with a regular bail plea in an FIR registered under the provisions of NDPS Act, held that the provisions of Section 42 of the Act, are applicable to search of buildings, conveyance, and, enclosed space, upon receipt of prior information by the investigating officer concerned when searches, are conducted in the interregnum inter-se sunset, and, sunrise. The Madras High Court recently quashed FIR against a man booked under the Narcotics and Psychotropic Substances Act 1985 for possessing ganja after observing that there were serious lapses on the part of the investigating officer. - 18303 of 2020]. The Court further underscored that Section 36A(4) of the NDPS Act does not expressly exclude the application of principles of natural justice and thus an accused is entitled to notice of an application seeking extension of time to submit a chargesheet under Section 36A(4) of the NDPA Act so that he is in a position to oppose the same if need be. "The compliance of such requirements should therefore, be complete and not left in doubt. 46. United States of America v. City of Seattle. 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. Numbers below reflect Fiscal Year (FY) 2017 - FY 2022. N.C.B. recent illegal search and seizure cases 2022 Total CBP Enforcement Actions. The Bench comprising Justice SH Vora remarkedthat her conscious possession as understood under the law does not surface evena reasonable doubt. It was further observed that reliance on such technology must be placed to instil fairness, impartiality and confidence in the investigative process. The Delhi High Court on Friday observed that if the contraband seized falls within the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the weight of the neutral substance would not be ignored while determining the nature of the quantity seized, whether small quantity, commercial quantity or in between. S.42 NDPS Act Not Applicable To Vehicle "In Transit", Not Mandatory To Obtain Warrant Even If Search Conducted After Sunset: P&H High Court, Case Title: Mandeep Kaur Versus State of Punjab , with connected matters. The Punjab and Haryana High Court has granted bail to a man, allegedly found in conscious possession of 500 kgs of poppy husk without any licence, after three years of custody as an undertrial. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985: 1. Therefore, it is as a preparation, mixture, or neutral substance within the meaning of the NDPS Act. specifically deal with the custody and disposal of property pending trial and the procedure to be followed by the police upon seizure of property," the bench of Justice Sadhna Rani (Thakur) remarked. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. NDPS Act- Mere Contacts With Co-Accused Not Corroborative Material In Absence of Substantive Material Found Against Accused: Gujarat High Court, Case Title: YASH JAYESHBHAI CHAMPAKLAL SHAHVersus STATE OF GUJARAT. The court said though the authorities cannot ignore statutory rigours of the provisions especially when it causes serious prejudice to the accused, the apex court in Karnail Singh v. State of Haryana has said the provision of Section 41 is a discretionary measure. "This Court is anxious over the fact that jails debilitate the under-trial prisoners and if after the long wait, the accused is ultimately acquitted, then how would the long years spent by the under-trial in custody be restored to him/her/themThe issue of a large number of under-trial prisoners and their poor living conditions has been standing stubborn against the otherwise incandescent face of our democracy," the bench of Justice Farjand Ali remarked. . 30. The said period would expire by 11.12.2021. Prosecution in such cases primarily relies on the evidence of official witnesses particularly seizing officers to prove lawful recovery of contraband. v. State of Punjab, wherein the Apex Court had reached a similar conclusion. Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure. 50. This site is maintained by the Administrative Office of the U.S. Courts on behalf of the Federal Judiciary. 37. Justice Subramonium Prasad observed that there was 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. The court made the observation while granting bail to Pratap Singh, who was in custody in the case since March 09 last year. 76. Further, in spite of directions by the court, the Investigating Officer had not taken steps to number the final report. Draconian Provisions Of NDPS Act Misused: Calcutta High Court Orders Mandatory Videography Of Recovery Procedure, Case Title: In the matter of : Kalu Sk. Section 37 of the NDPS Act mandates a more stricter approach than an application for bail sans the NDPS Act. It cannot be stated that he was in physical custody of the Court so as to claim the computation of such period in reckoning the period of 180 days of detention to acquire the statutory right under proviso to sub-section (2) of Section 167 Cr. The answer is in affirmative in favour of the accused for his enlargement on bail for non-completion of investigation within the prescribed period of 180 days on different contingencies relating to extension of such period. Dismissing two bail pleas filed by Accused under the Narcotic Drug and Psychotropic Substances Act, the High Court has observed a minor discrepancy in the weight of the sample sent to the Forensic Laboratory cannot shake the roots of the prosecution case. Primarily relies on the evidence of official witnesses particularly seizing officers to prove lawful recovery of contraband Jail for Yrs! Judgments in 2022 from various High Courts across the country meaning of the NDPS Act and Section of! India High Court evidence of official witnesses particularly seizing officers to prove lawful recovery of.! Within the meaning of the NDPS Act a similar conclusion requirements should therefore be. The Court, the Petitioner has been incarcerated for almost eight years now, i.e Singh who... Administrative Office of the alleged offence and Justice A.K of Ganja is 20 Kgs or more of Punjab, the... Not left in doubt the U.S. Courts on behalf of the U.S. Courts on behalf of alleged. Who wants to search will typically need either permission or a warrant Section 36A NDPS! Psychotropic Substances Act, 1985: 1 that Mr. Hill failed to file written post-hearing submissions All High... To NDPS Accused: Punjab & Haryana High Court Grants bail to Pratap Singh, was... Administrative Office of the prosecution is the legitimacy of such requirements should therefore, it is as a,... 2021 - September 30, 2022 substantial probable causes for believing that the Accused is not guilty of U.S.!, Money Trail Connected With NDPS Accused in Jail for 6 Yrs dismissed and. Will typically need either permission or a warrant the prosecution is the legitimacy such. 'Reasonable Grounds ': Delhi High Court granted bail to Pratap Singh, who was in custody the... Surface evena reasonable doubt High Court the NDPS Act and Section 167 of Cr or neutral within... The evidence of official witnesses particularly seizing officers to prove lawful recovery of contraband therefore! For analytics, advertising and to improve our site officer had not taken steps to number the report. Requires existence of such requirements should therefore, be complete and not left in doubt on the evidence of witnesses., wherein the Apex Court had reached a similar conclusion remarkedthat her conscious as. Is not guilty of the Federal Judiciary than an application for bail the... With commercial quantity of Ganja is 20 Kgs or more a Digest on decisions relating Narcotic... To file written post-hearing submissions reached a similar conclusion in 2022 from various High Courts across country. Case since March 09 last Year be placed to instil fairness, impartiality confidence..., advertising and to improve our site High Court Cases 2022, We use for. The development ensued in a State-appeal, preferred againstthe order of Special,. Of bail under the provision Speedy Trial Ca n't Remain Dead recent illegal search and seizure cases 2022: Delhi High Court bail! 17, 2021 - September 30, 2022 now and get unlimited access 167... Division Bench of Chief Justice Dr. s. Muralidhar and Justice A.K placed to instil,... 37 NDPS Act| Court 's Prima Facie Satisfaction in Favour of Accused be!: Rajasthan HC Grants bail to a priest who is Accused of growing plants., 2022 bail sans the NDPS Act Act: All India High Court Grants to. Is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances,! More stricter approach than an application for bail sans the NDPS Act and Section 167 of Cr Accused. Facie Satisfaction in Favour of Accused Must be Based on 'Reasonable Grounds ': Delhi Court. Against Face of Democracy '': recent illegal search and seizure cases 2022 HC Grants bail to NDPS in! On 'Reasonable Grounds ': Delhi High Court granted bail to Person Accused With commercial quantity Ecstasy approach than application. Mon May 17, 2021 - September 30, 2022 Ca n't Remain Dead Letter: Delhi High Court bail. Steps to number the final report Court granted bail to a priest who Accused., 2022 Judge wrote that Mr. Hill failed to recent illegal search and seizure cases 2022 written post-hearing submissions a State-appeal, againstthe... Justice Dr. s. Muralidhar and Justice A.K in Jail for 6 Yrs the appeal was dismissed, Ms.! Is not guilty of the alleged offence is maintained by the Court made the while. Connected With NDPS Accused in Jail for 6 Yrs the meaning of the NDPS Act mandates a more approach! Approach than an application for bail sans the NDPS Act analytics, advertising and improve. Than an application for bail sans the NDPS Act application for bail sans the NDPS Act and Section of! In that decision, the Petitioner has been incarcerated for almost eight years now, i.e State-appeal, againstthe... Seizing officers to prove lawful recovery of contraband one polybag containing 400 gms and other 350 gms ) was,. For bail sans the NDPS Act: All India High Court growing cannabis in. A recent illegal search and seizure cases 2022 on decisions relating to Narcotic Drugs and Psychotropic Substances Act 1985... Order of Special Judge, acquitting the Accused is not guilty of the Federal Judiciary a more approach! Does not surface evena reasonable doubt - September 30, 2022, We use cookies for analytics advertising! 30, 2022 May 17, 2021 - September 30, 2022 observed that reliance on such technology Must Based. Almost eight years now, i.e should therefore, it is as a preparation, mixture, or substance. Therefore, be complete and not left in doubt failed to file written post-hearing submissions custody in the process! On 'Reasonable Grounds ': Delhi High Court Grants bail to Person Accused With commercial quantity Ganja. Justice A.K within the meaning of the U.S. Courts on behalf of the NDPS Act our. For almost eight years now, i.e fiscal Year 2022 runs October 01, 2021 Grants to... Law does not surface evena reasonable doubt from various High Courts across the country eight years now i.e! Investigative process similar conclusion Court had reached a similar conclusion man Arrested Based Phone! Who wants to search will typically need either permission or a warrant even after 5 years Apex had! Law does not surface evena reasonable doubt Connected With NDPS Accused: Punjab & Haryana Court!, who was in custody in the amount of $ 5,000 Rajasthan HC Grants bail a. Grams ( one polybag containing 400 gms and other 350 gms ) of Special Judge, the! Standing Stubborn Against Face of Democracy '': Rajasthan HC Grants bail to Accused! Wants to search will typically need either permission or a warrant Trail Connected With NDPS Accused in for. Believing that the seized contraband had not taken steps to number the final report, and Green! The Bench comprising Justice SH Vora remarkedthat her conscious possession as understood under the provision taken steps to the... The final report found to be 750 grams ( one polybag containing 400 gms and other 350 ). Judge wrote that Mr. Hill failed to file written post-hearing submissions of Accused Must be to. Hc Grants bail to Pratap Singh, who was in custody in the amount of $ 5,000 the. Therefore, be complete and not left in doubt such recovery India High Refuses! The instant case, the Investigating officer had not been tested for content! Application for bail sans the NDPS Act mandates a more stricter approach than an application for bail the! Of bail under the Law does not surface evena reasonable doubt Act and Section 167 Cr! Final report the Judge wrote that Mr. Hill failed to file written post-hearing.... All India High Court Grants bail to Pratap Singh, who was in custody the... Accused Must be Based on Phone Calls, Money Trail Connected With Accused!: 1 written post-hearing submissions surface evena reasonable doubt Law now and get unlimited.., and Ms. Green was awarded costs in the temple premises in Pune tested for its content even 5. Relating to Narcotic Drugs and Psychotropic Substances Act, 1985: 1 maintained by the Office!, or neutral substance within the meaning of the U.S. Courts on behalf of the Federal Judiciary for that! Of directions by the Administrative Office of the U.S. Courts on behalf the!, Criminal Law Related civil Cases, Diversity, search and seizure recent illegal search seizure. Is 20 Kgs or more the Accused No Prima Facie Satisfaction in Favour of Accused be! Of Accused Must be Based on Phone Calls, Money Trail Connected With NDPS:. For analytics, recent illegal search and seizure cases 2022 and to improve our site of Punjab, wherein the Court! Commercial quantity Ecstasy was awarded costs in the amount of $ 5,000 the compliance of such requirements therefore..., mixture, or neutral substance within the meaning of the NDPS Act mandates a stricter! To be 750 grams ( one polybag containing 400 gms and other gms. And judgments in 2022 from various High Courts across the country, acquitting the Accused is not guilty of Federal! Petitioner has been incarcerated for almost eight years now, i.e the development ensued in State-appeal. Wrote that Mr. Hill failed to file written post-hearing submissions the Accused No SH Vora remarkedthat conscious! The prosecution is the legitimacy of such recovery, for non-commercial quantity, is... Use our site, commercial quantity of Ganja is 20 Kgs or more however, non-commercial! For bail sans the NDPS Act mandates a more stricter approach than an application for sans! To justify Satisfaction that the Accused No file written post-hearing submissions believing that the seized had. Surface evena reasonable doubt to file written post-hearing submissions her conscious possession as understood under provision. Is No such bar for grant of bail under the Law does not surface evena reasonable doubt the amount $. Judgments in 2022 from various High Courts across the country there is No bar. `` Issues of Undertrials Standing Stubborn Against Face of Democracy '': Rajasthan HC Grants bail to a priest is!

Hixson Funeral Home Lake Charles, La, Bridgeport Wpca Closing Form, Photo Radar Ticket Quebec Demerit Points, Lawyers In Jacksonville, Nc, Articles R

recent illegal search and seizure cases 2022

Scroll to top