Tag: NDPS

Rafiq Qureshi Vs. Narcotic Control Bureau Eastern Zonal Unit – 07/05/19

NDPS-Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985-where Court imposes a punishment higher than minimum relying on an irrelevant factor and no other factor as enumerated in Section 32B(a to f) are present award of sentence higher than minimum can be interfered with.

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S.K. Raju @ Abdul Haque @ Jagga Vs. State of West Bengal [ALL SC 2018 SEPTEMBER]

September 05, 2018: Section 42 OF NDPS ACT-An empowered officer under Section 42(1) is obligated to reduce to writing the information received by him, only when an offence punishable under the Act has been committed in any building, conveyance or an enclosed place, or when a document or an article is concealed in a building, conveyance or an enclosed place. Compliance with Section 42, including recording of information received by the empowered officer, is not mandatory, when an offence punishable under the Act was not committed in a building, conveyance or an enclosed place. Section 43 is attracted in situations where the seizure and arrest are conducted in a public place, which includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public-CONVICTION UPHELD.