recent illegal search and seizure cases 2022

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. 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'. 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. The investigation against him was complete and chargesheet was also filed before the Sessions Court. Justice Chandra Dhari Singh was hearing the regular bail application filed by Mahesh, who was allegedly found to be in possession of 20 grams of Ecstasy (commercial quantity). NDPS Act | Failure To Annex FSL Report Within Statutory Period Does Not Make Chargesheet Defective, No Default Bail: J&K&L High Court, Case Title: Abdul Majeed Bhat Vs UT of J&K. On search of almirah in Singh's house, a cash amount of Rs. Briefly, the facts of the case are that an application was filed seeking release of an accused under the NDPS Act on regular bail till final disposal of the case registered by the CBI. He was from the forensic sciences laboratory in Kalina. NDPS Act | 'Spot' Means Place Where Search Is Conducted & Recovery Is Made, Not Where Suspected Vehicle Or Person Is Intercepted: Madhya Pradesh HC, Case Title: Kamruddin v. Union of India, with connected matters. 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". 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. Calcutta HC Denies Anticipatory Bail To NDPS Accused Citing Phone Connection With Person Arrested With Commercial Quantity Contraband, Case Title: In the matter of: Bapi Sk @ Bapi Sekh. Justice Sandeep Shinde while dealing with the bail application observed that prima facie, the temple was not in exclusive possession of the priest. v. State of Madhya Pradesh. 7. S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High Court, Case Title: BIKKA PARVATHI Versus STATE REPRESENTED BY THE PUBLIC PROSECUTOR. 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.. 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. by . The Madhya Pradesh High Court recently rejected the second bail application moved by the accused under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 along with M.P. 25. Case Title: ZAKIR HUSSAIN v STATE BY INTELLIGENCE OFFICER. Since the case was instituted under the NDPS Act, the court also recorded satisfaction regarding twin conditions for bail under Section 37 of the Act. The remarks were made while granting bail to an accused under the Narcotics, Drugs and Psychotropic Substances Act, 1985, languishing in jail for more than four years. A Warner Bros. 1 Beginning in March FY20, OFO Encounters statistics include both Title 8 Inadmissibles and Title 42 Expulsions. 42. The said period would expire by 11.12.2021. Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years, Case Title: Murali v. The Inspector of Police. To know more, see our, Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case, [NDPS Act] Accused Claims Standing Order Not Followed In Seizure Of Over 1 Quintal Of Ganja, Allahabad High Court Grants Bail, NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court, [NDPS Act] "Sampling Not Done As Per 1989 Standing Order In Seizure Of 201 KG Ganja": Allahabad High Court Grants Bail, Interim Custody Of Conveyance/Vehicle Seized Under NDPS Act Can Be Granted U/S 451 & 457 CrPC: Allahabad High Court, Railway Police Force Constables Not Independent Witnesses: Allahabad High Court Grants Bail To NDPS Act Accused, S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High Court, No Default Bail If Statutory Period To Complete Investigation Extended U/S 36A(4) NDPS Act Before Expiry Of 180 Days: Andhra Pradesh HC, NDPS Act | Commercial Quantity Of Contraband Seized, Mere Non-Mentioning Of Exact Weight In FIR Not Fatal To Prosecution Case: Andhra Pradesh HC, 6 Kgs Ganja Not Commercial Quantity, Rigours Of Bail U/S 37 NDPS Act Not Applicable: Andhra Pradesh High Court, Possession Of 16 Kg Ganja Does Not Attract The Bar Under Section 37 Of NDPS: Andhra Pradesh High Court Grants Bail To Accused, Two Years After Nigerian's Arrest In NDPS Case Chemical Analyzer Admits "Mistake" In FSL Report, Says No Illicit Drugs Recovered, Bombay High Court Directs Grant Of Rs 2 Lakh Compensation To Nigerian National Jailed For 2 Years Due To Mistake In FSL Report, [NDPS Act] Combined Weight Of LSD & Blotter Relevant To Determine Small Or Commercial Quantity Contraband: Bombay High Court, 'Temple From Which Ganja Was Recovered Was Not In His Exclusive Possession': Bombay High Court Grants Bail To Priest In NDPS Case, S. 37 NDPS Act| 'Reasonable Grounds' Mean Something More Than 'Prima Facie' Grounds: Calcutta High Court, Calcutta HC Grants Default Bail To Accused For Non-Compliance Of Notice Of Application For Extension Of Time U/S 36A(4) NDPS Act, 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, Draconian Provisions Of NDPS Act Misused: Calcutta High Court Orders Mandatory Videography Of Recovery Procedure, Calcutta HC Denies Anticipatory Bail To NDPS Accused Citing Phone Connection With Person Arrested With Commercial Quantity Contraband, S. 37 NDPS Act| Court's Prima Facie Satisfaction In Favour Of Accused Must Be Based On 'Reasonable Grounds': Delhi High Court, Delhi High Court Clarifies Controlled Substances Are Not Affected By The Bar To Bail Under Section 37 Of The NDPS Act, Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy, "Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case, Denial Of Speedy Trial Infringes Fundamental Right Under Article 21, May Be A Ground For Grant Of Bail: Delhi High Court, NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC, NDPS Act | Weight Of Neutral Substance Not To Be Ignored While Determining Quantity Of Seized Contraband: Delhi High Court, 'Khad' Cannot Solely Be Interpreted To Mean Drugs: Delhi High Court, Grants Bail To Fertilizer Seller In NDPS Case, NDPS Act | Recovery Made Without Compliance Of Section 50 Cannot Be Sustained: Delhi High Court While Granting Bail To Foreigner, NDPS Act | Non-Compliance Of Section 41 No Ground For Granting Bail, Rigours Of Section 37 Still Have To Be Met : Delhi High Court, Rigours Of Section 37 NDPS Act Not Applicable In Cases Where Collection Of Contraband Sample Itself Faulty: Delhi High Court, NDPS Act | Accused's Refusal To Get A Search Conducted Under Section 50 Would Be Vitiated If He Misunderstands Questions Put To Him: Delhi HC, Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court, NDPS Offences Part Of An Organized Crime, Recovery Of Substance Not Necessary For Conviction: Gauhati High Court, NDPS Act- Mere Contacts With Co-Accused Not Corroborative Material In Absence of Substantive Material Found Against Accused: Gujarat High Court, Right Of Accused U/S 50 Of NDPS Act To Be Searched In Presence Of Magistrate Violated: Gujarat High Court Upholds Order Of Acquittal, Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act, Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal, Contraband Of Small Quantity Does Not Attract Embargo On Bail U/S 37 NDPS Act: Gujarat High Court Reiterates, S.25 NDPS Act | Gujarat High Court Denies Bail To Senior Citizen Over Recovery Of Poppy Straw Worth 16.6 Lakh From His Property, NDPS Act | Courts Can't Declare A Particular Drug As 'Manufactured Drug' Or 'Psychotropic Substance': JKL High Court, 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, NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court, 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, NDPS Act | Failure To Annex FSL Report Within Statutory Period Does Not Make Chargesheet Defective, No Default Bail: J&K&L High Court, Mere Operation Of S.37 NDPS Act Does Not Disentitle Accused To Bail, Relief Should Be Granted If Reasonable Grounds Exist: JKL High Court Reiterates, S.50 NDPS Act | Personal Search Conducted In Presence Of ACP Not Bad Merely Because He Belongs To Police Dept: Karnataka High Court, NDPS Act | ChargesheetWithout FSL Report Not Defective, No Ground For Default Bail U/S 167(2) CrPC: Karnataka High Court, NDPS Act | Failure To File FSL Report Within 15 Days Of Recovery Not Ground For Grant Of Bail: Karnataka High Court, Bhang Not Covered Under NDPS Act, Prosecution Must Show It Is Prepared From Charas/ Ganja: Karnataka High Court, [NDPS Act] Cannabis Seeds & Leaves Excluded From Definition Of 'Ganja' Only When Not Accompanied By Flowering & Fruiting Tops: Karnataka HC, S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC, When Drug Was Recovered On Driver's Body Search, It Can't Be Held That Vehicle Was Used For Conveying Contraband : Kerala High Court, Report Filed By Investigating Officer Does Not Satisfy Mandate Of S.36A(4) NDPS Act: Kerala High Court, No Bar On Granting Interim Custody Of The Vehicle Seized For Commission Of Offence Under NDPS Act: MP High Court, Adversely Affect Young Generation: Madhya Pradesh High Court Denies Bail To Accused Under NDPS Act In Custody For Almost A Year, NDPS Act | 'Spot' Means Place Where Search Is Conducted & Recovery Is Made, Not Where Suspected Vehicle Or Person Is Intercepted: Madhya Pradesh HC, Madras High Court Quashes NDPS Proceedings After Authorities Fail To Test Contraband Even After 5 Years, [NDPS Act] Investigating Officer's Request For Extension Of Time Not Substitute For Report Of Public Prosecutor: Madras High Court Reiterates, Mischief Rule Can't Be Invoked To Read 'Magistrate' As 'Special Court' U/S 52A NDPS Act: Orissa High Court, NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To Accused: Orissa High Court, NDPS Act | Orissa High Court Grants Bail To Accused Who Was Not Heard Before Giving Extension To Submit Chargesheet, NDPS Act | Possession Not Proved Merely By Sitting In Vehicle From Which Contraband Is Seized: Orissa High Court, Public Prosecutor Must File Independent Report Justifying Detention Of Accused Beyond 180 Days U/S 36A(4) NDPS Act: Punjab & Haryana HC, [NDPS Act] Call Conversations B/W Co-Accused Sans Transcript Not Corroborative Material In Absence Of Substantive Evidence: PH High Court, NDPS Act | FSL Report Goes To Root Of Case, Challan Filed Without It Is Incomplete: Punjab & Haryana High Court, NDPS Act | Passing Secret Tip About Illicit Drugs To Gazetted Officer Before Apprehending Accused Not Reason To Doubt Prosecution Story: P&H High Court, 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, Man Arrested Based On Phone Calls, Money Trail Connected With NDPS Accused: Punjab & Haryana High Court Refuses Bail, Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates, NDPS Act | 180 Days Adequate To Conclude Investigation, Extension Should Be Sought On Rarest Of Rare Occasions: Punjab & Haryana High Court, NDPS Act | Duration Of Custody Alone Not Ground For Grant Of Bail: Punjab & Haryana High Court Reiterates, S.42 NDPS Act | Gazetted Police Officer Can Cause Lawful Search Of Enclosed Spaces 'Whether By Day Or Night': P&H High Court, 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, NDPS Act Does Not Bar Owner's Recourse To S.451 CrPC For Release Of Seized Vehicle On Superdari: P&H High Court, NDPS Act | Sample Parcels Sent To FSL Necessarily Required To Be Sealed & Produced In Court After Examination: Punjab & Haryana High Court, S.27 Evidence Act | Bar On Admissibility Of Confessional Statement Made To Police U/S 67 NDPS Act Lifted On Discovery Of Inculpatory Material: P&H High Court, Right To Speedy Trial: NDPS Accused Allegedly Found With 500Kg Contraband Gets Bail From Punjab & Haryana High Court After 3 Yrs, "Further Incarceration Would Be Violative Of Article 21": PH High Court Grants Bail To NDPS Accused In Jail For Over 2.5 Yrs, FSL Report Forms Foundation Of NDPS Case: Punjab & Haryana High Court Grants Default Bail Despite Chargesheet, Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused, "Issues Of Undertrials Standing Stubborn Against Face Of Democracy": Rajasthan HC Grants Bail To NDPS Accused In Jail For 6 Yrs, NDPS Act | Violation Of Standing Orders During Contraband Sampling Leads To Adverse Inference Against Prosecution: Telangana High Court, S.63 NDPS Act Does Not Bar Owner Of Seized Vehicle To Seek Interim Custody After Expiry Of 30 Days From Date Of Seizure: Tripura High Court. Numbers below reflect Fiscal Year (FY) 2017 - FY 2022. 39. So every bit in the matter of extension is void ab initio. Punjab and Haryana High Court has reiterated that the report of Forensic Science Lab forms the foundation of prosecution case in NDPS proceedings and in case the same is not there the entire case of prosecution falls to ground. 54. 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). April 10, 2022. 73. Case Title : Phool Chand Vs Narcotics Control Bureau. 9. 72. NDPS Act: All India High Court Cases 2022, We use cookies for analytics, advertising and to improve our site. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. ", 18. 16. In most cases as in the present case, independent witnesses are either not examined or turn hostile. S.42 NDPS Act | Gazetted Police Officer Can Cause Lawful Search Of Enclosed Spaces 'Whether By Day Or Night': P&H High Court, Case Title: Navjot Singh @ Jota Versus State Of Punjab. 59. 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. 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. v. State of Punjab, wherein the Apex Court had reached a similar conclusion. CNN Sans & 2016 Cable News Network. 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. No Bar On Granting Interim Custody Of The Vehicle Seized For Commission Of Offence Under NDPS Act: MP High Court, Case title - SURENDRA DHAKAD Vs THE STATE OF MADHYA PRADESH. 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. - 18303 of 2020]. "A perusal of Section 36- C and 51 of the NDPS Act indicates that the provisions of Cr.PC. Interim Custody Of Conveyance/Vehicle Seized Under NDPS Act Can Be Granted U/S 451 & 457 CrPC: Allahabad High Court, Case title - Rajdhari Yadav v. State of U.P. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. NDPS Act | Possession Not Proved Merely By Sitting In Vehicle From Which Contraband Is Seized: Orissa High Court, Case Title: Kishore Bira v. State of Odisha. Case title - Om Prakash Verma v. State of U.P. 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. 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.. 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. 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. 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. Case No: CRIMINAL PETITION NO.2612 OF 2022. 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. 20. 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. 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. 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. 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. "As per the provisions of the NDPS Act, the investigation has to be completed within 180 days from the date of arrest of the accused. recent illegal search and seizure cases 2022kentucky probate forms inventory. He alleged that the procedure adopted for collection of samples in the case was faulty and in violation of the guidelines issued by the Narcotics Control Bureau (NCB). It also appears that neither such procedure is followed", 36. Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act, Case Title: Union Of India Thro Amitkumar,Intelligence Officer Or His Successor In Office Versus State Of Gujarat. 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. 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. Heart and soul of the prosecution is the legitimacy of such recovery. Therefore, it is as a preparation, mixture, or neutral substance within the meaning of the NDPS Act. 65. 2. Prosecution in such cases primarily relies on the evidence of official witnesses particularly seizing officers to prove lawful recovery of contraband. While granting bail to an accused under the Narcotics Drugs and Psychotropic Substances Act, 1985, the Himachal Pradesh High Court said that it is highly unbelievable that the persons carrying a commercial quantity of contraband would keep documents relating to their identity in the same bag. "Further Incarceration Would Be Violative Of Article 21": PH High Court Grants Bail To NDPS Accused In Jail For Over 2.5 Yrs, Case title - Sandeep Singh @ Sonu v. State of Punjab [CRM-M-34488-2022 (O&M)]. Status Conference. recent illegal search and seizure cases 2022 Total CBP Enforcement Actions. Calcutta HC Grants Default Bail To Accused For Non-Compliance Of Notice Of Application For Extension Of Time U/S 36A(4) NDPS Act, Case Title: Naimuddin Laskar @ Naim v. The State of West Bengal. 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. 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. "Issues Of Undertrials Standing Stubborn Against Face Of Democracy": Rajasthan HC Grants Bail To NDPS Accused In Jail For 6 Yrs. 3. NDPS Act | Violation Of Standing Orders During Contraband Sampling Leads To Adverse Inference Against Prosecution: Telangana High Court, Case Title: Baba Sow Chandekar & another v. The State of Telangana. [NDPS Act] "Sampling Not Done As Per 1989 Standing Order In Seizure Of 201 KG Ganja": Allahabad High Court Grants Bail, Case title - Wali Hassan v. State of U.P. It means any quantity greater than the quantity specified by the Central Government by notificationin the Official Gazette. BAIL APPLICATION No. 26. BAIL APPLICATION No. Holding the drug to be a "controlled substance", Justice Bhatnagar held that the bar of Section 37 is not applicable in this case. 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