Narcotics Archives - Page 3 of 7 - Supreme Court of India Judgements

January 21, 2025 4:17 pm

(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…

Narcotics

(NDPS) – Ss 15, 42 and 43 – Recovery – Explanation to Section 43 shows that a private vehicle would not come within the expression “public place” as explained in Section 43 of the NDPS Act – Section 42 which is applicable in this case –

Apr 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BOOTA SINGH AND OTHERS — Appellant Vs. STATE OF HARYANA — Respondent ( Before : Uday Umesh Lalit and K.M. Joseph, JJ. ) Criminal…

Narcotics

Possession of 1 kg heroin – Commercial quantity – Quantity of substance with which an accused is charged is a relevant factor, which can be taken into consideration while fixing quantum of the punishment.

Apr 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH GURDEV SINGH — Appellant Vs. STATE OF PUNJAB — Respondent ( Before : Dr. Dhananjaya Y Chandrachud and M. R. Shah, JJ. ) Criminal…

Narcotics

Recovery of huge quantity (3332 kgs.) of ‘Ganja’ (cannabis) carried on truck – Appellant was helper of truck – He was only 22/23 years of age at the time of incident and first time offender – Nothing was recovered from his custody – appropriate to reduce the sentence of imprisonment to the period already undergone,

Apr 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH M. SAMPAT — Appellant Vs. THE STATE OF CHHATISGARH — Respondent ( Before : Indira Banerjee and Krishna Murari, JJ. ) Criminal Appeal No.…

Narcotics

(NDPS) – Section 21(C), 27(A) and 29 – Suspension of sentence – Recovery of 650 grams of heroin – Commercial quantity – No reason to exercise the jurisdiction under Article 136 of the Constitution.

Feb 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MD. KHALIK — Appellant Vs. UNION OF INDIA — Respondent ( Before : D.Y. Chandrachud and M.R. Shah, JJ. ) Petition(s) for Special Leave…

Narcotics

(NDPS) – Section 20 – Recovery of 11 kgs of ganja – Reduction of sentence – Appellant committed the crime in the year 1997, i.e., much before the Narcotic Drugs and Psychotropic Substances (Amendment) Act, 2001 came into force – reduced to the period of sentence already undergone.

Feb 14, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH SK. SAKKAR @ MANNAN — Appellant Vs. STATE OF WEST BENGAL — Respondent ( Before : N.V. Ramana, Surya Kant and Aniruddha Bose, JJ.…

Narcotics

Criminal Procedure Code, 1973 (CrPC) – Sections 167(2) and 439 – Narcotic Drugs and Psychotropic Substances, Act, 1985 – Sections 22, 28 and 29 – Possession and transportation of narcotic substance – Combined complaint – Bail

Jan 17, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH VENKATESAN BALASUBRAMANIYAN — Appellant Vs. THE INTELLIGENCE OFFICER, D.R.I. BANGALORE — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…

Narcotics

(NDPS) – Ss 8(c) and 20(b) – Recovery of 6.300 kilogram ganja – Quantum of sentence – When the quantity/Ganja recovered from the appellant was 6.300 kilogram, which is between small quantity and commercial quantity HELD to the extent of imposing the sentence of six years rigorous imprisonment in place of ten years rigorous imprisonment

Dec 8, 2020 sclaw

SUPREME COURT OF INDIA FULL BENCH ISSAK NABAB SHAH — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…

Narcotics

H C did not commit any error in cancelling the default bail granted to the appellants – Default Bail Granted Erroneously Can Be Cancelled By High Court U/s 439(2) CrPC

Nov 22, 2020 sclaw

Narcotics

Officers under Section 53 of NDPS Act are police; statement under Section 67 is confessional statement: Supreme Court in 2:1 judgment The Court noted that given the stringent provisions of the NDPS Act, they have to be construed bearing in mind the fact that the severer the punishment, the greater the care.

Oct 30, 2020 sclaw

The Supreme Court has held by a 2:1 majority that officers under Section 53 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 are police officers (Tofan Singh v. State of Tamil…

You missed

C P C

High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

Jan 19, 2025 sclaw

Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

Jan 19, 2025 sclaw

Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

Jan 17, 2025 sclaw

Arbitration

A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

Jan 12, 2025 sclaw

Category: Narcotics

You missed