Category: Criminal

This category collects the criminal laws of India and abroad. Multiple statutes have been analysed and several laws have ben explained.

Explain the result of non-production of material evidence by using Sec 465 Cr.P.C in NDPS case?

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 8/21(b)—Recovery of smack powde- the alleged narcotic powder seized from the possession of the accused, including the Appellant was never produced before the trial court as a material exhibit and once again there is no explanation for its nonproduction. There is, thus, no evidence to connect the forensic report with the substance that was seized from the possession of the Appellant or the other accused.

Explain the concept of “small quantity” and ‘commercial quantity’ under the NDPS Act

Amarsingh Ramjibhai Barot Versus State of Gujarat-NDPS- Narcotic Drugs and Psychotropic Substances Act, 1985—Section 21(a)(b)(c), Section 2(vii a) and 2(xxiii a)—Manufactured drug—”Small quantity” and “commercial quantity”—By notification dated 19.10.2001 Central Government categorized manufactured drug weighing 5 gms as “small quantity” and 250 gms as “commercial quantity”

Whether Sections 52, 55 and 57 of the NDPS Act is mandatory or directory?

NDPS-This Court in Gurbax Singh vs. State of Haryana (2001) 3 SCC 28 held that these provisions are not mandatory provisions and they are only directory. In the present case, we do not find any serious violation of these provisions. The prosecution adduced evidence to prove that these provisions have been substantially complied with and the Sessions Judge discussed these matters in detail and accepted the prosecution case.