Upon meeting Caniglia, law enforcement believed he posed a risk to himself, and they called a hospital so he could be admitted for psychiatric evaluation. 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City of Seattle, Rhodes, et al v. Lauderdale County, et al, Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure, Civil Rights, Criminal Law Related Civil Cases, Search and Seizure, Motion for Summary Judgment, Motion to Dismiss, Motion for Summary Judgment, Motion to Dismiss, Status Conference. 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. 18 Jan 2023 5:17 AM GMT. Highlighting the importance of a legitimate recovery procedure, the Court averred, "While a strict law is necessary to control organized crime like drug trafficking and protect the youth from the menace of drug abuse, its draconian provisions are sometimes misused by investigating agency leading to false implication and prolonged unjustified detention of individuals. Tuesday, August 10, 2021. 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. 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. Section 37 of the NDPS Act stipulates that persons accused of offences under the Act involving commercial quantity, shall not be released on bail unless the Court is satisfied that there are reasonable grounds for believing that accused is not guilty and is not likely to commit any offence while on bail. 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. [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. 58. Even if the application is routed through the Public Prosecutor that will not be sufficient, he is expected to apply his mind independently, while seeking extension of time by the investigating agency Justice G Ilangovan observed. Thus, restrictions under Section 37 of the Act would apply. 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. 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." 75. 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. 82. A division bench of Justices MS Sonak and Bharat Deshpande held that the blotter paper facilitates LSD's consumption as a whole. 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. 35. The Punjab and Haryana High Court has held that default bail to an accused charged under NDPS Act cannot be denied on the pretext of investigation not being complete within the stipulated period of 180 days, unless the Public Prosecutor, after he has independently applied his mind, files a report disclosing justification for keeping the accused in further custody to enable the investigating agency to complete the investigation. 11:30 AM EDT, Mon May 17, 2021. [NDPS Act] Investigating Officer's Request For Extension Of Time Not Substitute For Report Of Public Prosecutor: Madras High Court Reiterates, Case Title: Shakil Ahamed v The Superintendent of Customs. Justice Cheekati Manavendranath Roy observed: "The contraband involved in this case is 16 kgs of Ganja which is not a commercial quantity. 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.". 53. 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. ", 24. v. State of Punjab, wherein the Apex Court had reached a similar conclusion. Possession Of 16 Kg Ganja Does Not Attract The Bar Under Section 37 Of NDPS: Andhra Pradesh High Court Grants Bail To Accused, Case Title: Nandurkar Satish Dowlathrao V. State Rep By The Public Prosecutor. Federal laws protect everyone from illegal search and seizure. The Delhi High Court has granted bail to an accused in an NDPS case, observing that 'Khad' cannot be solely interpreted to mean drugs or contraband. Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure. 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, Case Title: Amit Khurana Versus State Of Haryana. 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. 32. "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. Western District of Washington. 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. Cocaine seizures at the port of Antwerp, the main gateway for illegal drugs into Europe, hit a new record last year, as Belgian and Dutch authorities face off against violent international gangs.The annual figures for drug busts in Belgium and the Netherlands were released Tuesday, a day after an 11-year-old girl was shot dead in an attack on an Antwerp home that the city's mayor alleged was . It requires existence of such facts and circumstances as are sufficient to justify satisfaction that the accused is not guilty of the alleged offence. 8. Section 37 states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. The Jammu and Kashmir and Ladakh High Court ruled that conditions imposed by the court Section 439(1)(a) CrPC while granting bail cannot by any stretch of imagination be construed to mean that accused person is in custody so as to claim the computation of such period in reckoning the period of 180 days of detention to acquire the statutory right of default bail under proviso to sub-section (2) of Section 167 CrPC read with Section 36A(4) of the NDPS Act. It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. NDPS Act | 180 Days Adequate To Conclude Investigation, Extension Should Be Sought On Rarest Of Rare Occasions: Punjab & Haryana High Court, Case Title: Jaswinder Singh Versus State Of Haryana. NDPS Act | ChargesheetWithout FSL Report Not Defective, No Ground For Default Bail U/S 167(2) CrPC: Karnataka High Court, Case Title: Sayyad Mohammad @ Nasim V State Of Karnataka Case No: Writ Petition No.5934 Of 2022. 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. 20. NDPS Act | Failure To File FSL Report Within 15 Days Of Recovery Not Ground For Grant Of Bail: Karnataka High Court. 11. 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. The High Court granted bail to an accused under the NarcoticDrugs and Psychotropic Substances Act, 1985, while observing that rigours of bail under Section 37 of the Act does not apply in case of non-commercial quantity and hence, regular bail can be allowed. 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. 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. Elaborating on the rigours prescribed under Section 37 NDPS Act, Justice Puneet Gupta observed that 'reasonable grounds' must be shown for believing that the accused is not guilty of offence under Section 19 or Section 24 or Section 27 and also for offences involving commercial quantity and is not likely to commit any offence while on bail. 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. 15. Shabbar Rashidi said that the call detail recording show the nexus of accused with a person arrested with commercial quantity contraband. v. State of Madhya Pradesh. 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. She declined, and left to spend the night in a hotel. 84. A Single Judge Bench of Justice Bibhu Prasad Routray held, "It is the settled law that right guaranteed under Section 167(2) to the accused is indefeasible. In this case, the Petitioner was the source person for Pseudoephedrine drug for a business chain operating in Punjab, Haryana, and Delhi. Did you encounter any technical issues? 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. 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. "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. ", "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. 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. The Bombay High Court at Goa held that the combined weight of Lysergic Acid Diethylamide (LSD) drug and the blotting paper carrying it is necessary to ascertain if the seized drug is of a small or commercial quantity and impose punishment under the NDPS Act accordingly. Audi alteram partem or hear the other side is one of the fundamental pillars of the principles of natural justice. 'Khad' Cannot Solely Be Interpreted To Mean Drugs: Delhi High Court, Grants Bail To Fertilizer Seller In NDPS Case, Title: Pratap Singh vs The State (NCT of Delhi). 51. NDPS Act | Duration Of Custody Alone Not Ground For Grant Of Bail: Punjab & Haryana High Court Reiterates, Case Title : Gurbhej Singh @ Bheja v. State of Punjab. P. C read with Section 36A(4) of the NDPS Act", Justice Sanjay Dhar explained. 4. 2 (wife of accused no.1) for offences under Sections 8(c), 20(b) and 29 of the NDPS Act. 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. 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. Warrantless Video Surveillance is . It provides dual conditions for bail in case of certain offences: one, prima facie opinion of the innocence of the accused and two, the accused will not commit a similar offense while on bail. 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. 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