The Latin maxim salus populi suprema lex (the safety of the people is the supreme law) and salus republicae suprema lex (safety of the State is the supreme law) coexist and are not only important and relevant but lie...
NDPSQuestion
Explain the result of non-production of material evidence by using Sec 465 Cr.P.C in NDPS case?
8 min read
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...
Whether it is must for officers of gazetted rank to comply with Sec 42 OR analyse Sec 41 & 42 of NDPS Act
11 min read
G. Srinivas Goud Versus State of ANDHRA PRADESH-Narcotic Drugs and Psychotropic Substances Act, 1985—Section 41(2)—Search and seizure—Authorisation—Officer of gazetted rank can either himself make arrest or conduct search or authorise an officer subordinate to him.
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...
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...
Explain the presumption available against an accused of culpability U/S 35 and 54 of NDPS Act
2 min read
The presumption against the accused of culpability under Section 35, and under Section 54 of the Act to explain possession satisfactorily, are rebuttable. It does not dispense with the obligation of the prosecution to prove the charge beyond all...
