Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

AIR 2009 SC 3214 : (2009) 12 SCR 611 : JT 2009 (11) SC 516 : (2009) 10 SCALE 659 : (2009) CriLJ SC 4123 (SUPREME COURT OF INDIA) Sarju alias Ramu Appellant Versus State of U. P. Respondent (Before : S. B. Sinha And Deepak Verma, JJ.) Criminal Appeal No. 1446 of 2009 (arising out of S.L.P. (Cri.) No. 7722 of 2008), Decided on … Continue reading Procedure and Procedural safeguards under NDPS Act must scrupulously be complied therewith.

Sukhdev Singh Vs. State of Haryana [ALL SC 2012 DECEMBER] [Mandatory Compliance U/s 42 of the NDPS Act [Supreme Court Directions]

SUPREME COURT OF INDIA Sukhdev Singh Vs. State of Haryana If the information was received when the police officer was in the police station with sufficient time to take action, and if the police officer fails to record in writing the information received, or fails to send a copy thereof, to the official superior, then it will be a suspicious circumstance being a clear violation … Continue reading Sukhdev Singh Vs. State of Haryana [ALL SC 2012 DECEMBER] [Mandatory Compliance U/s 42 of the NDPS Act [Supreme Court Directions]

CONSTITUTION OF SPECIAL COURT- COGNISANCE AND BAIL UNDER NDPS ACT 1985

36. Constitution of Special Courts— (1)The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specified in the notification. (2)A Special Court shall consist of a single Judge who shall be appointed by the Government with the concurrence of the … Continue reading CONSTITUTION OF SPECIAL COURT- COGNISANCE AND BAIL UNDER NDPS ACT 1985

Dadu alias Tulsidas Versus State of Maharashtra[ ALL SC 2000 OCTOBER]

KEYWORDS:-PAROLE-NDPS DATE:-12-10-2000 Parole did not amount to the suspension, remission or commutation of sentences which could be withheld under the garb of S. 32-A of the Act. AIR 2000 SC 3203 : (2000) 8 SCC 437 : JT 2000 (1) Suppl. SC 449 : (2000) 6 SCALE 746 : (2000) CriLJ SC 4619 (SUPREME COURT OF INDIA) Dadu alias Tulsidas Appellant Versus State of Maharashtra … Continue reading Dadu alias Tulsidas Versus State of Maharashtra[ ALL SC 2000 OCTOBER]

Arif Khan @ Agha Khan Vs. State of Uttarakhand[ ALL SC 2018 APRIL]

KEYWORDS:-NDPS- DATE-April 27, 2018 “Since the non-compliance of the mandatory procedure prescribed under Section 50 of the NDPS Act is fatal to the prosecution case and, in this case, we have found that the prosecution has failed to prove the compliance as required in law“ ACTS:- Section 20 & 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 SUPREME COURT OF INDIA Arif Khan @ … Continue reading Arif Khan @ Agha Khan Vs. State of Uttarakhand[ ALL SC 2018 APRIL]

NDPS ACT JUDGMENTS [SUPREME COURT OF INDIA]

LAW LIBRARY UPDATED UP TO 2018 Arif Khan @ Agha Khan Vs. State of Uttarakhand [2018] Dadu @ Tulsidas Vs. State of Maharashtra[2000] Dr. Subhash Kashinath Mahajan Vs. State of Maharashtra Durgo Bai & Anr Vs. State of Punjab E. Micheal Raj Vs. Intelligence Officer, Narcotic Control Bureau … Harjit Singh Vs. State of Punjab Hussain Vs. Union of India Naresh Kumar vs State of … Continue reading NDPS ACT JUDGMENTS [SUPREME COURT OF INDIA]

PROCEDURAL SAFEGUARDS UNDER THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985[NDPS]

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 41. Power to issue warrant and authorisation.— (1) A Metropolitan Magistrate or a Magistrate of the first class or any Magistrate of the second-class specially empowered by the State Government in this behalf, may issue a warrant for the arrest of any person whom he has reason to believe to have committed any offence punishable under this Act, … Continue reading PROCEDURAL SAFEGUARDS UNDER THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985[NDPS]

Union of India Vs. Leen Martin & ANR.[SC 2018 February]

KEYWORDS:- NDPS-statement of official witness-ACQUITTAL – DATE :- February 01, 2018 When the statement of official witness is impaired due to infirmities, it is not safe to place reliance upon the same and pass conviction order against the accused. ACTS:-  Under sections 8(c), punishable under Section 20(b)(ii) (c) and under Section 28 read with Section 23 of The Narcotic Drugs and Psychotropic Substances Act, 1985 SUPREME … Continue reading Union of India Vs. Leen Martin & ANR.[SC 2018 February]

Pradeep Bachhar Vs. State of Chhattisgarh [SC 2017 December]

KEYWORDS:- Quantum of sentence-Poverty Considering the circumstances placed before us on behalf of the appellant-accused viz. they are very poor and have to maintain their family, it was their first offence and if they fail to pay the amount of fine as per the order of the Additional Sessions Judge, they have to remain in jail for a period of 3 years in addition to … Continue reading Pradeep Bachhar Vs. State of Chhattisgarh [SC 2017 December]