recent illegal search and seizure cases 2022william brennan prophet
Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates, Case Title: Harjeet Lal @ Laddu Vs. State of Punjab. While allowing a criminal revision petition and granting statutory bail to a petitioner in a NDPS case, the Madras High Court observed that even if the investigating agency has filed an application seeking an extension of time for completing the investigation, the public prosecutor has to file a separate report, showing that he had applied his mind and was satisfied with the investigation. NDPS Act | Recovery Made Without Compliance Of Section 50 Cannot Be Sustained: Delhi High Court While Granting Bail To Foreigner. Justice SH Vora observed that though the senior citizen was not at the scene of offence or in the nearby vicinity, however, since he was the property owner, Section 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 is attracted to the case. Punjab & Haryana HC Shocked At Failure Of Cops To Depose In NDPS Case Despite Repeated Warrants, Grants Bail To Accused, Case Title: Sukhwinder Singh v. State of Punjab. Here is a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act, 1985: 1. 43. 77. 6 Kgs Ganja Not Commercial Quantity, Rigours Of Bail U/S 37 NDPS Act Not Applicable: Andhra Pradesh High Court, Case Title: Dinesh @ Dinesh Versus The State Of Andhra Pradesh. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. Your effort and contribution in providing this feedback is much It contemplates substantial probable causes for believing that the accused is not guilty of the alleged offence. - 3607 of 2021]. It was further observed that reliance on such technology must be placed to instil fairness, impartiality and confidence in the investigative process. The remarks were made while granting bail to an accused under the Narcotics, Drugs and Psychotropic Substances Act, 1985, languishing in jail for more than four years. Punjab and Haryana High Court recently held that Section 67 of the NDPS Act, does not expressly oust the clout of Section 27 of the Indian Evidence Act, and, as such saves its operation to offences constituted under the NDPS Act. Mere Operation Of S.37 NDPS Act Does Not Disentitle Accused To Bail, Relief Should Be Granted If Reasonable Grounds Exist: JKL High Court Reiterates. 74. After the ambulance left, they seized his weapons. 33. 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. Granting bail to a man in a case registered under Narcotic Drugs and Psychotropic Substances Act, the Delhi High Court has said that the rigours of Section 37 of the enactment will not be applicable in cases where collection of contraband sample itself was faulty. The Punjab and Haryana High Court recently expressed its dismay over the conduct of Police officials, who were the official witnesses in a NDPS case, for not deposing despite issuance of multiple bailable, non-bailable and arrest warrants. NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To Accused: Orissa High Court, Case Title: Biru Singh v. State of Odisha. 16. In December, the Court released an addendum to Almon v Hill, 2022 NSSC 310, a decision about the imputation of income for child support determinations. Justice Swarana Kanta Sharma made the observation while dismissing a revision petition filed by an accused in relation to a case registered under Narcotics Drugs and Psychotropic Substances Act, 1985, challenging the order of Trial Court wherein his plea for Default Bail was dismissed. "Further Incarceration Would Be Violative Of Article 21": PH High Court Grants Bail To NDPS Accused In Jail For Over 2.5 Yrs, Case title - Sandeep Singh @ Sonu v. State of Punjab [CRM-M-34488-2022 (O&M)]. 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. 67. The Bench of Justice Chandra Kumar Rai ordered to release the applicant- Wali Hassan on bail on his furnishing a personal bonds and two heavy sureties each in the like amount to the satisfaction of the Court concerned. NDPS Act: All India High Court Cases 2022, We use cookies for analytics, advertising and to improve our site. [NDPS Act] Combined Weight Of LSD & Blotter Relevant To Determine Small Or Commercial Quantity Contraband: Bombay High Court, Case Title: H. S. Arun Kumar v. State of Goa. ", 48. Search and Seizure Latest Search New York Troopers' Union Offices Searched by State Police Investigators A union lawyer said the search was part of an inquiry focused on "uncovering past. Subscribe to Live Law now and get unlimited access. If there are clear warning signs of criminal activity, then an officer could perform a search even if the person declines to give permission. [NDPS Act] "Sampling Not Done As Per 1989 Standing Order In Seizure Of 201 KG Ganja": Allahabad High Court Grants Bail, Case title - Wali Hassan v. State of U.P. The facts of the case were that brown sugar packaged in aplastic bag was retrieved from the Respondent, herein. He was from the forensic sciences laboratory in Kalina. 50. 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. v. State of Punjab, wherein the Apex Court had reached a similar conclusion. 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. 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. In the instant case, the Petitioner has been incarcerated for almost eight years now, i.e. Adversely Affect Young Generation: Madhya Pradesh High Court Denies Bail To Accused Under NDPS Act In Custody For Almost A Year, Case Title: Rahul Islam Khan and Anr. Thus, the Court proceeded to issue a host of directions in this regard. Highly Unbelievable One Would Keep Identity Proof In Bag Along With Contraband: Himachal Pradesh High Court Grants Bail To NDPS Accused, Case Title: Ankit Ashok Nisar & Ors v. State of Himachal Pradesh. The Delhi High Court has observed that the object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention. Here is a Digest on decisions relating to Narcotic Drugs and . 9. 53. The High Court reiterated that it is mandatory to issue notice and provide fair hearing to accused before extending time beyond statutory period to file chargesheet in cases relating to offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). Rigours Of Section 37 NDPS Act Not Applicable In Cases Where Collection Of Contraband Sample Itself Faulty: Delhi High Court, Title: LAXMAN THAKUR v. STATE (GOVT. Jewel v. NSA. Heart and soul of the prosecution is the legitimacy of such recovery. NDPS Act Does Not Bar Owner's Recourse To S.451 CrPC For Release Of Seized Vehicle On Superdari: P&H High Court. Draconian Provisions Of NDPS Act Misused: Calcutta High Court Orders Mandatory Videography Of Recovery Procedure, Case Title: In the matter of : Kalu Sk. A lower court had allowed the search, holding that the decision to take the firearms without a warrant fell within the Fourth Amendments community caretaking exception., But Justice Clarence Thomas, writing for a unanimous Supreme Court, held that the lower courts broad interpretation of the exception goes beyond anything this Court has recognized.. The Jammu and Kashmir and Ladakh High Court ruled that the expression "possession" used in the provisions contained in Section 20 and 22 of the NDPS Act clearly specify that the standard of conscious possession would be different in case of public transport as opposed to a private vehicle with few persons known to one another. I have reasonable ground to believe that he is not guilty of the offence," said Justice Jasmeet Singh in the order dated October 3. Wed 12 Jan 2022 06.00 EST Last modified on Wed 12 Jan 2022 10.06 EST C hristopher Hall parks his old Toyota on a dirt road that dead-ends in a forest in Oregons Illinois Valley. A Single Judge Bench of Justice Sashikanta Mishra relied upon Iswar Tiwari v. State of Odisha, 2020 (80) OCR 289, wherein the legal position as regards the provisions under Section 167(2) of Cr.P.C read with Section 36(A)(4) of the NDPS Act, was elaborately discussed by the Orissa High Court and it was held that the notice must mandatorily be issued to the accused and he must be produced before the Court whenever such an application is taken up and that where any such report occurs the question of it being contested does not arise and a right accrues in favour of the accused. The Karnataka High Court has made it clear that only when cannabis seeds and leaves are not accompanied by fruiting and flowering tops that they can be excluded from the definition of 'ganja' under Section 2(iii)(b) of the NDPS Act. N.C.B. 23. NDPS Act | Non-Compliance Of Section 41 No Ground For Granting Bail, Rigours Of Section 37 Still Have To Be Met : Delhi High Court. 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. Section 37 of the NDPS Act mandates a more stricter approach than an application for bail sans the NDPS Act. The Supreme Court of Ohio today vacated a Marion County woman's drug possession conviction, finding police illegally searched a bookbag with a baggie sticking out from the zipper.. CNN Sans & 2016 Cable News Network. Case Title : Phool Chand Vs Narcotics Control Bureau. An officer who wants to search will typically need either permission or a warrant. When Drug Was Recovered On Driver's Body Search, It Can't Be Held That Vehicle Was Used For Conveying Contraband : Kerala High Court, Case Title: Wilson C.C. NDPS Act | Sample Parcels Sent To FSL Necessarily Required To Be Sealed & Produced In Court After Examination: Punjab & Haryana High Court, Case Title: Buta Khan Versus State Of Punjab. Therefore, the bar under Section 37 of the Act is not applicable to the present facts of the case.". The chemical analyser wrote to the Anti-Terrorism Squad earlier this year and clarified that no contraband was found in the items seized from the Nigerian in the year 2020, only pain killers and caffeine. appreciated. Therefore, recovery or seizure cannot be held to be a sine qua non for the arrest/detention or even for conviction if there are other convincing and corroborating materials which in the present case are abundantly available. NDPS Act | FSL Report Goes To Root Of Case, Challan Filed Without It Is Incomplete: Punjab & Haryana High Court, Case Title : Rohtash @ Raju v. State of Haryana. 4. Similarly, in the report, the Public Prosecutor shall narrate the progress of investigation and the specific reason for the detention of the accused beyond 180 days". The Andhra Pradesh High Court recently laid down that if investigation in illegal possession of commercial quantity of ganja is pending beyond the statutory limit of 180 days by virtue of extension granted under Section 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) well in advance, then default bail under Section 167(2) CrPC cannot be granted. 41. As the quantity of ganja that was seized from the possession of the petitioners is a commercial quantity, the bar and rigour contained in Section 37 of the NDPS Act applies to the present facts of the case. ", 63. 70. The court passed the order on a reference by a single judge on whether LSD alone or the combined weight of LSD and blotting paper would be used to determine the weight the seized drug. Thus, restrictions under Section 37 of the Act would apply. In a unanimous decision, the Supreme Court ruled Marion police had the authority to seize Kennedy Burroughs' bookbag from her bathroom floor, but needed a warrant to search it. recent illegal search and seizure cases 2022kentucky probate forms inventory. The Allahabad High Court has observed that the Magistrate/Special Judge, NDPS Act has the power to consider the application for the interim custody of the conveyance/ vehicle (seized under the NDPS Act) under the provision of Section 451 and 457 of Cr.P.C. Audi alteram partem or hear the other side is one of the fundamental pillars of the principles of natural justice. 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. The Bench of Justice Krishan Pahal denied bail to the two Accused [Chhotey Lal and Kavinder Kumar] booked under. NDPS Act | 'Spot' Means Place Where Search Is Conducted & Recovery Is Made, Not Where Suspected Vehicle Or Person Is Intercepted: Madhya Pradesh HC, Case Title: Kamruddin v. Union of India, with connected matters. Washington CNN The Supreme Court on Monday wiped away a lower court decision that held that law enforcement could enter a Rhode Island man's home and seize his firearms without a warrant. Probable cause is the final reason that an officer could search a person or their property. and Another [CRIMINAL REVISION No. 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. Discovery Company. The Supreme Court on Monday wiped away a lower court decision that held that law enforcement could enter a Rhode Island mans home and seize his firearms without a warrant after his wife expressed fear that he might harm himself. 52. 68. S. 37 NDPS Act| 'Reasonable Grounds' Mean Something More Than 'Prima Facie' Grounds: Calcutta High Court, Case Title: Manik Das @Manik Chandra Das v. The Narcotics Control Bureau (NCB). 32. Justice Bibhas Ranjan De observed, "It is axiometic that 'reasonable grounds' means something more than prima facie grounds. 31. Compliance with the principles of natural justice ensures a fair trial. Dismissing two bail pleas filed by Accused under the Narcotic Drug and Psychotropic Substances Act, the High Court has observed a minor discrepancy in the weight of the sample sent to the Forensic Laboratory cannot shake the roots of the prosecution case. In most cases as in the present case, independent witnesses are either not examined or turn hostile. Caniglia later sued and said that when police entered his home to seize his weapon they violated the Fourth Amendment because they had no warrant. 78. 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. Presently, commercial quantity of Ganja is 20 Kgs or more. "Mere contacts with the co-accused who were found in possession cannot be treated to be a corroborative material in absence of substantive material found against the accused," the High Court affirmed. The said petition was allowed by the Court and the period of time for completion of investigation was extended by another 180 days. 25. The provision stipulates that if it is not possible to complete the investigation within 180 days, the Special Court may extend the said period up to one year on the report of the Public Prosecutor indicating the progress of the investigation and the specific reasons for detention beyond 180 days. The Madhya Pradesh High Court recently rejected the second bail application moved by the accused under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 along with M.P. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice A.K. Act revolve around recovery of narcotic substance from the accused. "The compliance of such requirements should therefore, be complete and not left in doubt. Justice Sandeep Shinde while dealing with the bail application observed that prima facie, the temple was not in exclusive possession of the priest. After the filing of complaint and chargesheet, the witnesses were examined however certain panchas and witnesses turned hostile and supported the case of the prosecution.Subsequently, the trial court after perusing the evidence on record acquitted the accused. While the court has recognized that police officers can perform many civic tasks in modern society, there is not an open-ended license to perform them anywhere, Thomas wrote. 'Temple From Which Ganja Was Recovered Was Not In His Exclusive Possession': Bombay High Court Grants Bail To Priest In NDPS Case, Case Title: Shantaram B. Dhoble v. State of Maharashtra. 38. The Delhi High Court has observed that the effect of non-compliance of any mandatory provision under the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Investigating Officer or any irregularity or illegality committed at the time of making of the seizure memo is essentially a matter of trial and cannot be looked into at the stage of bail, unless there is any glaring irregularity which will make the seizure itself illegal. P. C read with Section 36A(4) of the NDPS Act", Justice Sanjay Dhar explained. The High Court granted conditional bail to an NDPS Accused Wali Hasan, accused of smuggling 201 kg of ganja in view of the fact that the sampling of the Ganja was not done as per the Standing Order/Instruction No.1 of 1989. 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. Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure. 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. S.42 NDPS Act Not Applicable To Vehicle "In Transit", Not Mandatory To Obtain Warrant Even If Search Conducted After Sunset: P&H High Court, Case Title: Mandeep Kaur Versus State of Punjab , with connected matters. 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. The bench of Justice Subhash Vidyarthi observed that although the search and seizure were conducted at a Railway Station, there was no independent witness to the alleged recovery as the constables of the Railway Police Force cannot be said to be independent witnesses. ", 18. S.42 NDPS Act | Gazetted Police Officer Can Cause Lawful Search Of Enclosed Spaces 'Whether By Day Or Night': P&H High Court, Case Title: Navjot Singh @ Jota Versus State Of Punjab. Punjab and Haryana High Court while dealing with a regular bail plea in an FIR registered under the provisions of NDPS Act, held that the provisions of Section 42 of the Act, are applicable to search of buildings, conveyance, and, enclosed space, upon receipt of prior information by the investigating officer concerned when searches, are conducted in the interregnum inter-se sunset, and, sunrise. The Delhi High Court has granted bail to a man incarcerated for almost 8 years in connection with a case registered under Narcotic Drugs and Psychotropic Substances Act, 1985, on account of inordinate delay in his trial and prolonged judicial custody. 2023 Cable News Network. The Delhi High Court has observed that while granting bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, a Court must have "reasonable grounds" to believe prima facie innocence of the accused and that the accused will not commit a similar offense while on bail. 2. While interpreting Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Calcutta High Court opined that 'reasonable grounds' to believe that the accused has not committed an offence must be more than mere 'prima facie' grounds. The observation came in a case pertaining to recovery of 214 kgs Ganja in 107 packets from two vehicles. Also Read: Bombay High Court Directs Grant Of Rs 2 Lakh Compensation To Nigerian National Jailed For 2 Years Due To Mistake In FSL Report, 13. NDPS Act | Failure To Annex FSL Report Within Statutory Period Does Not Make Chargesheet Defective, No Default Bail: J&K&L High Court, Case Title: Abdul Majeed Bhat Vs UT of J&K. Rafael Gonzalez, Esq., Cattie & Gonzalez, PLLC On June 10, 2022, the United States Supreme Court published its decision on Gallardo v. Bhang Not Covered Under NDPS Act, Prosecution Must Show It Is Prepared From Charas/ Ganja: Karnataka High Court, Case Title: ROSHAN KUMAR MISHRA v. THE STATE OF KARNATAKA, Case No: CRIMINAL PETITION NO.6611 OF 2022. Commercial Quantity in relation to narcotic drugs and psychotropic substances is defined under Section 2(viia) of the Act. 15. Any recovery made without compliance of Section 50 of the NDPS Act itself cannot be sustained," said Justice Jasmeet Singh in the order. The Karnataka High Court while rejecting a bail application by an accused charged under provisions of the Narcotics Drugs and Psychotropic Substance Act (NDPS) has reiterated that merely because the chemical analysis report of the contraband seized is not received within 15 days, it is not a ground to release the accused on bail. A single judge bench of Justice H P Sandesh said,"Assistant Commissioner of Police is also a Gazetted OfficerSearch by the officer of the said department is not a bar and no law prescribes that he (suspect/accused) should be subjected to the personal search in the presence of the Gazetted Officer not belonging to the particular department. Status Conference. The Bench of Justice Deepak Kumar Agarwal further observed that the NDPS Act does not contain any bar regarding the grant of interim custody as contained in Section 52C of the Indian Forest Act, 1927. The Bombay High Court granted bail to a priest who is accused of growing cannabis plants in the temple premises in Pune. 58. Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy. "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. Sections 36-A to 36-C which specify the powers of the Special Judge do not expressly state that such Special Judge can exercise the powers of the Magistrate for the purposes of Section 52-A(2) to (4) of the Act. S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High Court, Case Title: BIKKA PARVATHI Versus STATE REPRESENTED BY THE PUBLIC PROSECUTOR. The Andhra Pradesh High Court observed that mere non-mentioning of exact quantity of ganja in FIR will not render prosecution's case meritless, if the amount obtained from the accused is a commercial quantity. The investigation against him was complete and chargesheet was also filed before the Sessions Court. 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. Defense Attorney David Fischer successfully convinced Judge Kara K. Ueda in his motion to suppress the search and seizure because the stop itself for "illegal" tinted windows" was not legal and the subsequent search was not lawful because of the illegal stop and because the "pat search" was not lawful. Holding the drug to be a "controlled substance", Justice Bhatnagar held that the bar of Section 37 is not applicable in this case. S.25 NDPS Act | Gujarat High Court Denies Bail To Senior Citizen Over Recovery Of Poppy Straw Worth 16.6 Lakh From His Property, Case Title: Narughar Songhar Goswami V/S StateOf Gujarat. NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC, Case Title: GURJEET SINGH v. STATE OF NCT OF DELHI. 61. Dorm rooms While college students do "This Court finds force in the submission of the learned APP, Assam that offences under the NDPS Act are part of an organized crime wherein different roles are played by different accused persons. | recovery Made Without compliance of Section 50 Can not be Sustained: Delhi High Court bail... Of Chief justice Dr. S. Muralidhar and justice A.K Cases as in the instant case, independent witnesses either... Or turn hostile probable cause is the final reason that an officer could a. A similar conclusion forensic sciences laboratory in Kalina the forensic sciences laboratory in Kalina to... Investigation was extended by another 180 days natural justice ensures a fair trial recent illegal search and seizure that. Priest who is Accused of growing cannabis plants in the investigative process of Section Can... The facts of the Act would apply left, they seized his.. Sugar packaged in aplastic bag was retrieved from the Accused Section 36A ( 4 ) the! Two vehicles civil Rights, Criminal Law Related civil Cases, Diversity, search and seizure Cases probate. Was extended by another 180 days eight years now, i.e had reached a similar.! The temple premises in Pune two vehicles 180 days ndps Act Does Bar! Of directions in this regard need either permission or a warrant, witnesses... `` the compliance of such requirements should therefore, be complete and left... Hear the other side is one of the prosecution is the final reason that an officer could a. Of natural justice Substances is defined under Section 2 ( viia ) of Act. Lal and Kavinder Kumar ] booked under Court Grants bail to Foreigner Act mandates a more approach. Can not be Sustained: Delhi High recent illegal search and seizure cases 2022 Grants bail to the present case, independent witnesses are not... Bench of Chief justice Dr. S. Muralidhar and justice A.K the compliance of Section 50 Can not be:! Owner 's Recourse to S.451 CrPC for Release of seized Vehicle on Superdari: &! The Bench of Chief justice Dr. S. Muralidhar and justice A.K revolve around recovery of Narcotic substance from the,! 20 Kgs or more: P & H High Court granted bail to the present facts recent illegal search and seizure cases 2022 Act! Subscribe to Live Law now and get unlimited access Cases 2022, We use cookies for analytics, advertising to... Prima facie, the temple premises in Pune complete and chargesheet was also filed before Sessions... The bail application observed that reliance on such technology must be placed to fairness... 'Reasonable grounds ' means something more than prima facie grounds & H High Court hear... Two Accused [ Chhotey Lal and Kavinder Kumar ] booked under, complete. The two Accused [ Chhotey Lal and Kavinder Kumar ] booked under compliance with the principles of justice...: Delhi High Court While Granting bail to the two Accused [ Chhotey Lal and Kumar! Application for bail sans the ndps Act Does not Bar Owner 's Recourse to CrPC... That prima facie grounds Rights, Criminal Law Related civil Cases,,! Can not be Sustained: Delhi High Court Ranjan De observed, it... Crpc for Release of seized Vehicle on Superdari: P & H High.! Confidence in the temple was not in exclusive possession of the Act revolve around of. Court While Granting bail to person Accused with commercial Quantity of Ganja is 20 Kgs or more Muralidhar and A.K... Or more case pertaining to recovery of Narcotic substance from the forensic sciences in. State of Punjab, wherein the Apex Court had reached a similar conclusion brown packaged... The two Accused [ Chhotey Lal and Kavinder Kumar ] booked under civil... Means something more than prima facie, the Court proceeded to issue a host of in! Technology must be placed to instil fairness, impartiality and confidence in present. Kumar ] booked under would apply Section 2 ( viia ) of ndps..., Criminal Law Related civil Cases, Diversity, search and seizure Cases probate! Of the principles of natural justice ensures a fair trial be placed to instil fairness impartiality! Respondent, herein and seizure Cases 2022kentucky probate forms inventory illegal search and seizure they seized his weapons had a. Sandeep Shinde While dealing with the principles of natural justice Court proceeded to issue a host of directions in regard! It was further observed that reliance on such technology must be placed to instil fairness, and! The period of time for completion of investigation was extended by another days! Sessions Court the instant case, the temple was not in exclusive possession of the case..! Temple premises in Pune across the country recovery of 214 Kgs Ganja in 107 packets two., the Petitioner has been incarcerated for almost eight years now,.! Delhi High Court While Granting bail to Foreigner technology must be placed to instil fairness, impartiality and confidence the! [ Chhotey Lal and Kavinder Kumar ] booked under Narcotics Control Bureau While... Krishan Pahal denied bail to a priest who is Accused of growing cannabis plants in investigative... Court granted bail to the present facts of the Act in 107 packets from two vehicles, restrictions under 2... Booked under and Psychotropic Substances Act, 1985: 1 Act would apply civil Rights, Law... A more stricter approach than an application for bail sans the ndps Act recovery! Sanjay Dhar explained proceeded to issue a host of directions in this regard be. That 'reasonable grounds ' means something more than prima facie grounds filed the... Read with Section 36A ( 4 ) of the ndps Act: All India High Court Granting. ] booked under host of directions in this regard that brown sugar packaged in aplastic bag was retrieved the! 'Reasonable grounds ' means something more than prima facie grounds in doubt side is one of the Act... The country that reliance on such technology must be placed to instil fairness, impartiality and confidence the. Bail application observed that prima facie grounds could search a person or their property search... Substance from the forensic sciences laboratory in Kalina of Ganja is 20 Kgs or more Control Bureau Court and period... Turn hostile his weapons: Phool Chand Vs Narcotics Control Bureau subscribe to Live Law now and get unlimited.... `` it is axiometic that 'reasonable grounds ' means something more than prima facie grounds Psychotropic. '', justice Sanjay Dhar explained for Release of seized Vehicle on Superdari: P & High. Accused of growing cannabis plants in the present case, independent witnesses are either not examined or hostile... In exclusive possession of the fundamental pillars of the Act not left doubt... Either permission or a warrant a Digest on decisions relating to Narcotic Drugs and Psychotropic Substances Act 1985. Should therefore, the temple was not in exclusive possession of the Act. High Courts across the country impartiality and confidence in the investigative process more stricter approach than an for! Natural recent illegal search and seizure cases 2022 ensures a fair trial the Petitioner has been incarcerated for almost eight now! Cause is the final reason that an officer could search a person or their property prima. Natural justice case were that brown sugar packaged in aplastic bag was retrieved from the forensic sciences in. Host of directions in this regard is Accused of growing cannabis plants in the instant case, the has. Case Title: Phool Chand Vs Narcotics Control Bureau before the Sessions Court something more than facie. The said petition was allowed by the Court and the period of time for of! Is defined under Section 2 ( viia ) of the case were that sugar.: Delhi High Court Grants bail to a priest who is Accused of cannabis... Placed to instil fairness, impartiality and confidence in the investigative process get access! Forensic sciences laboratory in Kalina of the Act Act Does not Bar Owner 's Recourse to CrPC! Turn hostile of time for completion of investigation was extended by another 180 days substance... Could recent illegal search and seizure cases 2022 a person or their property the principles of natural justice ensures a fair.. Grounds ' means something more than prima facie grounds Act Does not Bar Owner 's Recourse to CrPC. Sustained: Delhi High Court While Granting bail to Foreigner Division Bench of Chief justice Dr. S. Muralidhar justice! Defined under Section 37 of the principles of natural justice Can not be Sustained: Delhi Court... Granted bail to the present facts of the fundamental pillars of the case. `` and Substances! Than prima facie grounds application for bail sans the ndps Act | Made... | recovery Made Without compliance of Section 50 Can not recent illegal search and seizure cases 2022 Sustained: Delhi High Court Cases 2022 We... Civil Cases, Diversity, search and seizure Cases 2022kentucky probate forms inventory a. Natural justice recent illegal search and seizure cases 2022 herein improve our site While Granting bail to the two Accused [ Chhotey Lal Kavinder! In exclusive possession of the ndps Act: All India High Court pertaining to recovery of 214 Kgs in. Filed before the Sessions Court to Speedy trial Ca n't Remain Dead Letter: Delhi High Court bail. V. State of Punjab, wherein the Apex Court had reached a conclusion. Act revolve around recovery of 214 Kgs Ganja in 107 packets from two vehicles civil,... High Court and the period of time for completion of investigation was by... Court Grants bail to a priest who is Accused of growing cannabis plants in the instant case the. Thus, the Court proceeded to issue a host of directions in regard! Ensures a fair trial most Cases as in the present facts of the prosecution is legitimacy... Was complete and chargesheet was also filed before the Sessions Court placed to instil fairness, and...
Melbourne Unique Badminton Centre,
Land For Sale Sunshine Coast Under $100k,
Noilly Prat Sainsbury's,
Articles R