Supreme Court of India Judgements

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Category: Narcotics

Bail Granted Narcotics

(CrPC) – Ss 436A and 439 – NDPS S 20, 25, 29 and 37 – Bail – Possession of 180 kilograms of ganja – Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of the Act, given the imperative of Section 436A which is applicable to offences under the NDPS Act too – Where the accused belongs to the weakest economic strata

Mar 30, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHD MUSLIM @ HUSSAIN — Appellant Vs. STATE (NCT OF DELHI) — Respondent ( Before : S. Ravindra Bhat and Dipankar Datta, JJ. )…

Narcotics

NDPS, 1985 – Section 2(xvii)(a) and 15 – Once a Chemical Examiner established that the seized ‘poppy straw’ tests positive for the contents of ‘morphine’ and ‘meconic acid’, no other test would be necessary for bringing home the guilt of the accused under the provisions of Section 15 of the 1985 Act.

Oct 22, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH STATE OF HIMACHAL PRADESH — Appellant Vs. NIRMAL KAUR @ NIMMO AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ.…

Narcotics Preventive Detention

Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 – Section 3(1) – that the detenu had been released on bail by the Special Court despite the rigours of Section 37 of the NDPS Act, 1985, had not been brought to the notice of detaining authority – Detention order quashed – Appeal allowed.

Oct 5, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH SUSHANTA KUMAR BANIK — Appellant Vs. STATE OF TRIPURA AND OTHERS — Respondent ( Before : Uday Umesh Lalit, CJI, S. Ravindra Bhat and…

Acquittal Narcotics

(NDPS) – Section 54 of the Act raises a presumption and the burden shifts on the accused to explain as to how he came into possession of the contraband – But to raise the presumption under Section 54 of the Act, it must first be established that a recovery was made from the accused.

Aug 31, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SANJEET KUMAR SINGH @ MUNNA KUMAR SINGH — Appellant Vs. STATE OF CHHATTISGARH — Respondent ( Before : Indira Banerjee and V. Ramasubramanian, JJ.…

Narcotics

Anticipatory Bail- NDPS – 50,000 Tramadol tablets – Expression “reasonable grounds” used in clause (b) of Sub-Section (1) of Section 37 would mean credible, plausible and grounds for the Court to believe that the accused person is not guilty of the alleged offence – Bail order releasing the respondent on post-arrest bail, is quashed

Jul 23, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH NARCOTICS CONTROL BUREAU — Appellant Vs. MOHIT AGGARWAL — Respondent ( Before : N.V. Ramana, CJI., Krishna Murari and Hima Kohli, JJ. ) Criminal…

Narcotics

Repatriation of Prisoners Act, 2003 – Ss 12, 13 and 13(6) – N D and P S Act, 1985 – Section 21(b) – Respondent transferred to India on agreement between Government of India and Government of Mauritius on the Transfer of Prisoners – High Court reduced the sentence from 26 years to 10 years – Sentence imposed by the Supreme Court of Mauritius in this case is binding on India

Jan 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA AND ANOTHER — Appellant Vs. SHAIKH ISTIYAQ AHMED AND OTHERS — Respondent ( Before : L. Nageswara Rao and B.R. Gavai,…

Narcotics

(NDPS) – Sections 8, 21 and 50 – Recovery of smack from motorcycle – Substance weighed 900gms – No incriminating substance was recovered during the personal search – Argument of non­compliance of Section 50 of NDPS Act – In the case of personal search only, the provisions of Section 50 of the Act is required to be complied with but not in the case of vehicle

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH KALLU KHAN — Appellant Vs. STATE OF RAJASTHAN — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ.Z ) Criminal Appeal No. 1605…

Narcotics

(NDPS) – (CrPC) – Section 427 and 427(1) – Illegal trafficking of drugs – applying discretion under Section 427 of Cr.PC, the discretion shall not be in favour of the accused who is found to be indulging in illegal trafficking in the narcotic drugs and psychotropic substances – considering the offences under the NDPS Act which are very serious in nature and against the society at large, no discretion shall be exercised in favour of such accused who is indulging into the offence under the NDPS Act – Appeal dismissed.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MOHD ZAHID — Appellant Vs. STATE THROUGH NCB — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ. ) Criminal Appeal No. 1457…

Narcotics

(NDPS) – Sections 8, 21, 27A, 29, 37(1)(b), 37(1)(b)(ii), 42 and 67 – Cancellation of bail -A finding of the absence of possession of the contraband on the person of the respondent by the High Court in the impugned order does not absolve it of the level of scrutiny required under Section 37(1)(b)(ii) of the NDPS Act – A confessional statement made under Section 67 of the NDPS Act will not be admissible in evidence – Contention that Section 42 of the NDPS Act was not complied with is prima facie misplaced

Sep 27, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH UNION OF INDIA THROUGH NARCOTICS CONTROL BUREAU, LUCKNOW — Appellant Vs. MD. NAWAZ KHAN — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and…

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Acquittal

Penal Code, 1860 (IPC) — Sections 376 and 313 — Rape — False promise of marriage — Physical relationship with the complainant under the false promise of marriage, leading to her pregnancy and subsequent abortions — Whether the FIR should be quashed based on the allegations and the delay in filing the complaint — The petitioner argued that the relationship was consensual and the delay in filing the FIR undermines the credibility of the allegations — The respondent claimed that the petitioner deceived her with a false promise of marriage, leading to non-consensual physical relations — The Supreme Court quashed the FIR, noting the long-term consensual relationship and the lack of prima facie evidence for rape under Section 376 IPC —The Court emphasized the delay in filing the FIR and the nature of the relationship, which appeared consensual —The Court referred to previous judgments, highlighting the importance of prima facie evidence and the misuse of legal provisions —The FIR and all proceedings based on it were quashed, preventing abuse of the legal process.

Oct 21, 2024 sclaw
Acquittal

Penal Code, 1860 (IPC) — Sections 420, 468, 471 and 120-B —Prevention of Corruption Act, 1988 — Section 13(2) and 13(1)(d) — Financial misconduct and conspiracy — Whether the High Court was correct in discharging the respondent from the charges of conspiracy and financial misconduct — The CBI argued that the High Court conducted a mini-trial at the charge-framing stage and that there was sufficient suspicion to frame charges against the respondent — The respondent’s counsel argued that the material in the charge sheet did not make out a case against the respondent and that the High Court rightly discharged him —The Supreme Court upheld the High Court’s decision to discharge the respondent, stating that mere suspicion was not enough to frame charges – The Court found that the respondent’s role was limited to signing the memorandum prepared by senior officers and participating in the Management Committee meeting, which approved the proposal — The Court emphasized that the proposal had passed through various committees and that the respondent’s actions did not amount to criminal misconduct — The appeal was dismissed, and the respondent was discharged from the charges — The trial against other accused persons will continue.

Oct 21, 2024 sclaw
Municipal Laws

Patna Municipal Corporation Act, 1951 — Sections 146, 423 and 488(1) — The Patna Municipal Corporation imposed a royalty on advertisements, which was later increased — The respondents challenged this imposition, arguing it was a tax without legislative backing — Whether the royalty imposed by the Corporation was a tax and if it was legally enforceable without legislative sanction — The Corporation argued that the royalty was agreed upon by the parties and was not a tax — They contended that the enhancement of the rate was within their rights — The respondents argued that the imposition was a tax, which required legislative sanction, and the Corporation had no authority to levy it — The Division Bench quashed the enhancement, ruling that the Corporation had no power to impose the tax without legislative backing — The Court found that the royalty was not a tax but a fee agreed upon by the parties — It held that the Corporation’s actions were within the scope of the agreement — The Court distinguished between royalty and tax, emphasizing that royalty is based on an agreement, not statutory provision — The Court upheld the imposition of royalty as per the agreement but noted that the enhancement in rates was not challenged effectively — The judgment of the Division Bench was set aside.

Oct 21, 2024 sclaw
Constitution

Citizenship Act, 1955 — Section 6A — Special provisions as to citizenship of persons covered by the Assam Accord — The case involves the constitutional validity of Section 6A of the Citizenship Act 1955, which grants citizenship to certain migrants from Bangladesh to Assam —The main issues include whether Parliament had the legislative competence to enact Section 6A, and if Section 6A violates Articles 6, 7, 14, 29, and 355 of the Constitution — Petitioners argue that Section 6A is unconstitutional as it conflicts with Articles 6 and 7, adopts unreasonable cut-off dates, and violates Articles 14, 29, and 355 — Respondents contend that Section 6A is within Parliament’s legislative competence under Article 11 and does not violate the Constitution — The judgment addresses the legislative competence of Parliament, the reasonableness of cut-off dates, and the impact on Assamese cultural identity — The court examines the historical context of citizenship provisions, the legislative intent behind Section 6A, and the scope of judicial review under Article 14 — The court analyzes the constitutional provisions on citizenship, the legislative objective of Section 6A, and the balance between legislative intent and constitutional mandates —The court concludes that Section 6A of the Citizenship Act is constitutional and does not violate the cited Articles of the Constitution.

Oct 21, 2024 sclaw