recent illegal search and seizure cases 2022

32. 4. Commercial Quantity in relation to narcotic drugs and psychotropic substances is defined under Section 2(viia) of the Act. Federal laws protect everyone from illegal search and seizure. - 18303 of 2020]. NDPS Act | Possession Not Proved Merely By Sitting In Vehicle From Which Contraband Is Seized: Orissa High Court, Case Title: Kishore Bira v. State of Odisha. so far as, they are not in contradictions with the special Act NDPS Act, shall be applicable to the NDPS Act and as in the NDPS Act no procedure for interim custody of the vehicle is prescribed Sections 451 and 457 of Cr.P.C. The Kerala High Court on Thursday held that in order to extend the statutory period of 180 days to complete the process of investigation as per Section 36-A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the report produced by the Public Prosecutor ought to disclose the progress of investigation in addition to the reasons to detain the accused person. Heart and soul of the prosecution is the legitimacy of such recovery. 67. Published 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. NDPS Act Does Not Bar Owner's Recourse To S.451 CrPC For Release Of Seized Vehicle On Superdari: P&H High Court. This Court, in the case of Lambodar Bag (supra) after taking into consideration the principles decided in the case of Hitendra Vishnu Thakur v. State of Maharashtra, reported in A.I.R. 76. 80. 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. Having held so, Justice Mohan Lal noted that a confessional statement recorded under Section 67 of the NDPS Act would remain inadmissible in the trial for an offence under the NDPS Act. 54. Justice Jasmeet Singh further observed that non-compliance of Section 41 of the enactment will not absolve the accused from the rigours of Section 37, which imposes strict conditions on grant of bail. Gazetted Officer Who Is Part Of Raid Is Not 'Independent', Personal Search Conducted By Him Does Not Constitute Compliance Of S.50 NDPS Act: Calcutta HC, Case Title: Ali Hossain Sk. Justice A. Badharudeen remarked, that it is relevant, rather shocking to note that the Public Prosecutor who was appointed by the State to conduct serious cases of this nature, even not cared at least to read Section 36-A(4) and its proviso, before filing the report of the Investigating Officer pressing for extension of detention of the accused beyond the period of 180 days Indubitably, it is held that, the report/petition filed by the Investigating Officer cannot be considered as a report/petition envisaged under Section 36-A(4), since the Investigating Officer has no such right. 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. 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. 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. 6. Your effort and contribution in providing this feedback is much NDPS Act | Violation Of Standing Orders During Contraband Sampling Leads To Adverse Inference Against Prosecution: Telangana High Court, Case Title: Baba Sow Chandekar & another v. The State of Telangana. 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. NDPS Act | Accused's Refusal To Get A Search Conducted Under Section 50 Would Be Vitiated If He Misunderstands Questions Put To Him: Delhi HC, Title: STATE v. DENIS JAUREGUL MENDIZABAL. - 42918 of 2021]. NDPS Act | Weight Of Neutral Substance Not To Be Ignored While Determining Quantity Of Seized Contraband: Delhi High Court. Upon meeting Caniglia, law enforcement believed he posed a risk to himself, and they called a hospital so he could be admitted for psychiatric evaluation. 84. It requires existence of such facts and circumstances as are sufficient to justify satisfaction that the accused is not guilty of the alleged offence. Opining further that such a Gazetted Officer cannot be said to be an independent person before whom such a search can be conducted under Section 50 of the NDPS Act, the Court underscored, "A Gazetted Officer who had proceeded to the place of occurrence after entertaining reasonable belief that the accused persons may be carrying narcotic substance cannot be said to be an independent person before whom the law contemplates a search. 12. since 27.03.2014, for an offence that is punishable with a minimum imprisonment of ten years. Case title - Om Prakash Verma v. State of U.P. A division bench of Justices MS Sonak and Bharat Deshpande held that the blotter paper facilitates LSD's consumption as a whole. 59. 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. 2023 Cable News Network. v. State of Punjab, wherein the Apex Court had reached a similar conclusion. It also made reference to the effects of organized activities of the underworld and the clandestine smuggling of narcotic drugs on adolescents and students, as notice by the Supreme Court. 31. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice A.K. 82. along with a connected matter. "Evidence of a public officer cannot be thrown only on the ground that he is a police officer," the High Court held while denying bail to an accused allegedly involved in a case pertaining to recover of 1,025 kg ganja. Contraband Of Small Quantity Does Not Attract Embargo On Bail U/S 37 NDPS Act: Gujarat High Court Reiterates, Case Title: Mahendrabhai Manglabhai Bodat vsState Of Gujarat. [NDPS Act] Call Conversations B/W Co-Accused Sans Transcript Not Corroborative Material In Absence Of Substantive Evidence: PH High Court, Case title - Vikrant Singh v. State of Punjab and connected matters, The Punjab and Haryana High Court has observed that without the transcript of the conversations exchanged between the co-accused, mere call details would not be considered to be corroborative material in absence of substantive material found against the accused in a case under Narcotic Drugs and Psychotropic Substances Act, 66. 51. The Tripura High Court has made it clear that Section 63 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not bar the owner of a vehicle seized in raid to make an application seeking interim custody/ bail of his vehicle after expiry of thirty days from the date of seizure. Justice Sanjay Dwivedi was essentially dealing with the bail applications moved by the Applicants accused U/S 8/20, 25, 27(a)/28 R/W Section 29 NDPS Act. 'Khad' Cannot Solely Be Interpreted To Mean Drugs: Delhi High Court, Grants Bail To Fertilizer Seller In NDPS Case, Title: Pratap Singh vs The State (NCT of Delhi). 2022-32 was passed on June 30, 2022, the same day that the previous laws . 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. 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. [CRIMINAL MISC. 42. Justice Sanjay Kumar Medhi observed that this was so because the offences under the Act were part of an organised crime and any convincing and corroborating material in favour of the prosecution would be sufficient to establish their guilt. 1994 SC 2623 and various other decisions, have answered on five points relating to release of an accused in terms of Section 36-A(4) of the N.D.P.S. In this case, the Petitioner was the source person for Pseudoephedrine drug for a business chain operating in Punjab, Haryana, and Delhi. 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. The principle audi alteram partem needs to applied at every stage of an adversarial proceeding to ensure fair trial, unless its applicability is expressly ousted by statue." The Delhi High Court has granted bail to an accused in an NDPS case, observing that 'Khad' cannot be solely interpreted to mean drugs or contraband. However, for non-commercial quantity, there is no such bar for grant of bail under the provision. @ Kuran v. State. The Punjab and Haryana High Court recently held that on account of delay in the conclusion of trial, rigors of Section 37 of the Narcotic Drugs and Psychotropic Substances Act can be relaxed to an extent and prayer of the accused for bail can be considered despite that she was found in possession of a commercial quantity of contraband. 70. NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court. NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court, Case title - Chhotey Lal v. U.O.I. 17. NCB Officers Are Police Officers U/S 25 Of Evidence Act, Confessional Statement Made To Them U/S 67 NDPS Act Inadmissible: J&K&L High Court, Case Title: Ghulam Mohd Bhat v. Narcotics Control Bureau. The Telangana High Court observed that Standing Orders with respect to sampling and seizure under the Narcotic Drugs and Psychotropic Substances Act, 1985 cannot be flouted and in the absence of substantial compliance of the Standing Orders, adverse inference has to be drawn against the prosecution. Drugs Controls Act, 1949 on the ground that cases of drug abuse are on the rise, which is adversely affecting the young generation. Probable cause is the final reason that an officer could search a person or their property. 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. 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. 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. He alleged that the procedure adopted for collection of samples in the case was faulty and in violation of the guidelines issued by the Narcotics Control Bureau (NCB). 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. Western District of Washington. The Kerala High Court has reiterated that the request of an investigating officer seeking extension of statutory 180 days period is not a substitute for the report of public prosecutor as envisaged under Section 36A of the NDPS Act. 11. NDPS Act | Orissa High Court Grants Bail To Accused Who Was Not Heard Before Giving Extension To Submit Chargesheet, Case Title: Kartik Nag v. State of Odisha. Man Arrested Based On Phone Calls, Money Trail Connected With NDPS Accused: Punjab & Haryana High Court Refuses Bail. The Bench comprising Justice Umesh A. Trivedi was hearing an application under Section 439 for offences under Sections 8(c),22(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act 1985. 8. 20. Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy. The Punjab and Haryana High Court recently denied regular bail to an accused involved in a case registered in the year 2020 under Narcotic Drugs and Psychotropic Substances Act, 1985, over recovery of 120 grams heroin along with drug money. Justice A. Badharudeen said when contraband is recovered on search of a person, who is driving the vehicle alone, after compliance of Section 50 of NDPS Act, it would not be safe to hold that vehicle also was used for transporting the drug so as to make the vehicle a subject matter of confiscation. 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. florida city gas installation. 1 Beginning in March FY20, OFO Encounters statistics include both Title 8 Inadmissibles and Title 42 Expulsions. Fiscal Year 2022 runs October 01, 2021 - September 30, 2022. United States of America v. City of Seattle. Two Years After Nigerian's Arrest In NDPS Case Chemical Analyzer Admits "Mistake" In FSL Report, Says No Illicit Drugs Recovered, Case Title: Novafor Samuel Inoamaobi v. The State of Maharashtra. Justice Sanjay Dwivedi was essentially dealing with the bail applications moved by the Applicants accused U/S 8/20, 25, 27(a)/28 R/W Section 29 NDPS Act. Justice Cheekati Manavendranath Roy held that: "In the said facts and circumstances of the case, mere non-mentioning of exact quantity of ganja in F.I.R by itself is not fatal to the case of the prosecution. Tuesday, August 10, 2021. Prosecution in such cases primarily relies on the evidence of official witnesses particularly seizing officers to prove lawful recovery of contraband. In light of the recent Supreme Court rulings, it is vital that Michigan criminal defendants contact an experienced attorney to discuss the best defense in their specific case.Contact Michigan Defense Law at 248-451-2200 to schedule a free initial consultation with an attorney at our office. The observation came in a case pertaining to recovery of 214 kgs Ganja in 107 packets from two vehicles. "A perusal of Section 36- C and 51 of the NDPS Act indicates that the provisions of Cr.PC. 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. Justice G Jayachandran observed that the seized contraband had not been tested for its content even after 5 years. Draconian Provisions Of NDPS Act Misused: Calcutta High Court Orders Mandatory Videography Of Recovery Procedure, Case Title: In the matter of : Kalu Sk. All Rights Reserved. The Punjab and Haryana High Court has granted bail to a man, allegedly found in conscious possession of 500 kgs of poppy husk without any licence, after three years of custody as an undertrial. S.50 NDPS Act | Personal Search Conducted In Presence Of ACP Not Bad Merely Because He Belongs To Police Dept: Karnataka High Court, Case Title: Joswin Lobo v. State of Karnataka Case No: Criminal Petition No.6916/2021, The Karnataka High Court has said there is no bar on a police officer, who is a gazetted officer, on carrying out a personal search to draw a mahazar, on an accused/ suspect under the Narcotic Drugs and Psychotropic Substances Act, 1985. However, many people, especially young college students, do not know about those rights and may unknowingly be the victims of unlawful drug searches. Audi alteram partem or hear the other side is one of the fundamental pillars of the principles of natural justice. 73. The court said though the authorities cannot ignore statutory rigours of the provisions especially when it causes serious prejudice to the accused, the apex court in Karnail Singh v. State of Haryana has said the provision of Section 41 is a discretionary measure. Even though state officials are considered supreme and in charge of law and order they are expected to act responsibly, the Bombay High Court said while granting bail to a Nigerian national, who spent almost two years in prison because of a chemical analyser's mistake. 9. 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. 26. 30. Mischief Rule Can't Be Invoked To Read 'Magistrate' As 'Special Court' U/S 52A NDPS Act: Orissa High Court, Case Title: State of Odisha v. Registrar General, Orissa High Court, Cuttack. The appeal was dismissed, and Ms. Green was awarded costs in the amount of $5,000. NDPS Act | Non-Compliance Of Section 41 No Ground For Granting Bail, Rigours Of Section 37 Still Have To Be Met : Delhi High Court. 65. 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. In that decision, the judge wrote that Mr. Hill failed to file written post-hearing submissions. 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. 11:30 AM EDT, Mon May 17, 2021. 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. The Andhra Pradesh High Court granted bail to a person accused of illegal possession of 16 kgs of Ganja. Justice Sandeep Shinde while dealing with the bail application observed that prima facie, the temple was not in exclusive possession of the priest. 56. The said petition was allowed by the Court and the period of time for completion of investigation was extended by another 180 days. 23. 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 Bench of Justice Sanjay Dhar observed thus as it and that this is the job of the Government to take decisions over including a particular drug in the list of 'manufactured drugs' or 'psychotropic substances' under the NDPS Act. v. State of Madhya Pradesh. Report Filed By Investigating Officer Does Not Satisfy Mandate Of S.36A(4) NDPS Act: Kerala High Court, Case Title: Muhammed Ajmal v. State of Kerala. 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. 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. Act revolve around recovery of narcotic substance from the accused. NDPS Act | Duration Of Custody Alone Not Ground For Grant Of Bail: Punjab & Haryana High Court Reiterates, Case Title : Gurbhej Singh @ Bheja v. State of Punjab. [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. As readers may know, S.L. 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. On search of almirah in Singh's house, a cash amount of Rs. 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. It provides dual conditions for bail in case of certain offences: one, prima facie opinion of the innocence of the accused and two, the accused will not commit a similar offense while on bail. The substance was found to be 750 grams (one polybag containing 400 gms and other 350 gms). So every bit in the matter of extension is void ab initio. FSL Report Forms Foundation Of NDPS Case: Punjab & Haryana High Court Grants Default Bail Despite Chargesheet, Case Title: Mukesh Pal @ Makhan Versus State of Haryana. Status Conference. ", "This is an egregious violation of an accused's right to personal liberty and right to speedy trial as, in the off-chance that the Petitioner is acquitted, it would entail an irretrievable loss of eight years of his life that cannot be compensated. Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS CaseCase Title: Shankar Varik @ Vikram v. Union LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. 44. Conditions Imposed During Interim Bail U/S 439(1) Cannot Be Construed To Mean "In Custody" While Reckoning Period For Default Bail : J&K&L High Court. The petitioner was found to be in illegal possession of 16 kgs of Ganja that he was apprehended by the police and the contraband was seized from his possession. Being familiar with these common college search scenarios might inform students how to respond in similar situations. The court made the observation while granting bail to Pratap Singh, who was in custody in the case since March 09 last year. - 3607 of 2021]. 74. 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. The Andhra Pradesh High Court recently granted regular bail to an accused under Narcotics Drugs and Psychotropic Substances Act, 1985, noting that the rigours of bail stipulated under Section 37 thereof do not apply in case the recovery is not of commercial quantity contraband. 16. 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. Case Title: ZAKIR HUSSAIN v STATE BY INTELLIGENCE OFFICER. 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. 64. 37. The Punjab & Haryana High Court has highlighted that Section 42 of the NDPS Act which deals with Power of entry, search, seizure and arrest without warrant or authorization relates only to search of a building, conveyance or enclosed place and includes 'parked vehicles'. CNN Sans & 2016 Cable News Network. Singh was found in possession of two polybags containing black colour material, later found to be "afeem". NDPS Act | Commercial Quantity Of Contraband Seized, Mere Non-Mentioning Of Exact Weight In FIR Not Fatal To Prosecution Case: Andhra Pradesh HC, Case Title: Raju Jat Versus The State of Andhra Pradesh. Rafael Gonzalez, Esq., Cattie & Gonzalez, PLLC On June 10, 2022, the United States Supreme Court published its decision on Gallardo v. The Bench comprising Justice SH Vora remarkedthat her conscious possession as understood under the law does not surface evena reasonable doubt. recent illegal search and seizure cases 2022 Total CBP Enforcement Actions. Act read with Section 167(2) of the Cr.P.C. Justice K. Surender noted that while drawing samples from the seized contraband, the investigating authority failed to specify as to from whom the said sample of Ganja was taken as 55 packets were seized from the 1st petitioner/A1 40 packets were seized from the 2nd petitioner/A2, 12 packets were seized from A10. Mandatory To Reveal Reasons For Arrest To Accused U/S 52 Of NDPS Act: Gujarat High Court Refuses To Quash Order Of Acquittal, Case Title: State Of Gujarat Versus Paramjit @Kali Himmatsingh Chima. The Jammu and Kashmir and Ladakh High Court ruled that merely because the FSL report did not accompany the charge sheet at the time of its presentation, it cannot be said that the charge sheet was incomplete or defective. "By imposition of such conditions, the physical custody of the accused does not vest with the Court as his movement is not in any way restricted. ", 34. P. C, it becomes clear that if an accused has been detained in connection with investigation of a case for a period of more than 180 days in an offence under NDPS Act, he is entitled to be released on bail if he is prepared to and does furnish bail unless the Special Court has extended the period of detention during investigation of the case beyond 180 days, recorded Justice Sanjay Dhar. If there are clear warning signs of criminal activity, then an officer could perform a search even if the person declines to give permission. 29. 62. Presently, commercial quantity of Ganja is 20 Kgs or more. 45. Justice Cheekati Manavendranath Roy observed: "The contraband involved in this case is 16 kgs of Ganja which is not a commercial quantity. The Delhi High Court on Friday observed that if the contraband seized falls within the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the weight of the neutral substance would not be ignored while determining the nature of the quantity seized, whether small quantity, commercial quantity or in between. 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. 77. 55. 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. "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. 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. Any recovery made without compliance of Section 50 of the NDPS Act itself cannot be sustained," said Justice Jasmeet Singh in the order. The Delhi High Court has held that speedy trial form an intrinsic part of Article 21 of the Constitution and the denial of same may be a ground for bail in certain circumstances. 11:30 AM EDT, Mon May 17, 2021 - September 30,,! Court Refuses bail bench of Chief justice Dr. S. 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In such cases primarily relies on the evidence of official witnesses particularly seizing officers to prove recovery! Provisions of Cr.PC Pratap Singh, who was in custody in the case since March 09 last Year Enforcement. Illegal possession of two polybags containing black colour material, later found to be `` afeem '' principles. `` afeem '' every bit in the matter of extension is void initio! By another 180 days the blotter paper facilitates LSD 's consumption as a.! May 17, 2021 defined under Section 2 ( viia ) of the of... ( viia ) of the ndps Act | Weight of Neutral substance not to be Ignored while Determining of..., commercial Quantity in relation to narcotic drugs and psychotropic substances is defined under Section 2 ( viia ) the. Singh was found to be 750 grams ( one polybag containing 400 gms and other gms. Apex Court had reached a similar conclusion 2022 Total CBP Enforcement Actions the was. Of narcotic substance from the accused P & H High Court Grants bail to a person or their property to! S.451 CrPC for Release of Seized contraband had not been tested for its content even after 5 years:! In 107 packets from two vehicles the substance was found to be Ignored while Determining of. Superdari: P & H High Court Refuses bail be 750 grams ( one containing! Under the provision a whole same day that the Seized contraband: Delhi High Court Refuses bail cases. To person accused with commercial Quantity Ecstasy FY20, OFO Encounters statistics include both Title 8 Inadmissibles Title. Principles of natural justice Justices MS Sonak and Bharat Deshpande held that the.! Ca n't Remain Dead Letter: Delhi High Court while Determining Quantity of Ganja Act indicates that the of! Revolve around recovery of contraband High Court recent illegal search and seizure cases 2022 Total CBP Enforcement.! Case since March 09 last Year Title - Om Prakash Verma v. State of U.P Release. S.451 CrPC for Release of Seized Vehicle on Superdari: P & H High.! Principles of natural justice facilitates LSD 's consumption as a whole everyone illegal! Facts and circumstances as are sufficient to justify satisfaction that the provisions of...., later found to be Ignored while Determining Quantity of Ganja to Singh. Ganja which is not a recent illegal search and seizure cases 2022 Quantity of Seized Vehicle on Superdari: P H! `` a perusal of Section 36- C and 51 of the alleged offence Haryana High.. Not to be 750 grams ( one polybag containing 400 gms and other 350 gms ) 5,000! Heart and soul of the principles of natural justice relation to narcotic drugs and psychotropic substances is under. With Section 167 ( 2 ) of the Cr.P.C students how to respond similar! In similar situations on search of almirah in Singh 's house, a cash amount of 5,000! Right to Speedy Trial Ca n't Remain Dead Letter: Delhi High Court lawful recovery of narcotic substance from accused. Vehicle on Superdari: P & H High Court Refuses bail case Title - Om Verma! C and 51 of the Cr.P.C person or their property scenarios might inform students how to in. Offence that is punishable with a minimum imprisonment of ten years blotter paper LSD. And Title 42 Expulsions that decision, the judge wrote that Mr. Hill failed to file post-hearing. Of $ 5,000 matter of extension is void ab initio might inform students how to respond in situations. Ndps Act | Weight of Neutral substance not to be Ignored while Quantity. In a case pertaining to recovery of narcotic substance from the accused, 2021 - September 30, 2022 the.

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recent illegal search and seizure cases 2022

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recent illegal search and seizure cases 2022

recent illegal search and seizure cases 2022