Supreme Court of India Judgements

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Category: Narcotics

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

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…

Narcotics

N D P S Act, 1985 – Ss 20(b)(ii)(B) & 50 – Possession 20 kg – Ganja from the motor cycle – NDPS Trial is not vitiated merely because ownership of Vehicle from which Contraband was seized is not established – It is enough to establish and prove that the contraband articles were found from the accused from the vehicle purchased by the accused

Sep 10, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH RIZWAN KHAN — Appellant Vs. THE STATE OF CHHATTISGARH — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ.…

Narcotics

N D P S Act, 1985 – S 58 – Accused not entitled to acquittal just because complainant probed case – There cannot be any general proposition of law to be laid down that in every case where the informant is the investigator, the trial is vitiated and the accused is entitled to acquittal. Mohan Lal vs. State of Punjab, (2018) 17 SCC 627 overruled.

Sep 1, 2020 sclaw

  SUPREME COURT OF INDIA CONSTITUTION BENCH MUKESH SINGH — Appellant Vs. STATE (NARCOTIC BRANCH OF DELHI) — Respondent ( Before : Arun Mishra, Indira Banerjee, Vineet Saran, M.R. Shah…

Narcotics

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) – Sections 2(viia), 2(xxiiia) and 21 – Mixture of narcotic drugs or psychotropic substance – Determination of Small quantity or commercial quantity – HELD In case of seizure of mixture of Narcotic Drugs or Psychotropic Substances with one or more neutral substance(s), the quantity of neutral substance(s) is not to be excluded and to be taken into consideration along with actual content by weight of the offending drug, while determining the “small or commercial quantity” of the Narcotic Drugs or Psychotropic Substances.

Apr 23, 2020 sclaw

  SUPREME COURT OF INDIA FULL BENCH HIRA SINGH AND ANOTHER — Appellant Vs. UNION OF INDIA AND ANOTHER — Respondent ( Before : Arun Mishra, Indira Banerjee and M.R.…

Narcotics

Liberal Approach In Granting Bail In NDPS Uncalled For, Says SC HELD “Underlying object of Section 37 is that in addition to the limitations provided under the CrPC, or any other law for the time being in force, regulating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is indeed uncalled for.”

Jan 24, 2020 sclaw

Liberal Approach In Granting Bail In NDPS Uncalled For, Says SC [Read Judgment] Ashok Kini 24 Jan 2020 5:39 PM “The jurisdiction of the Court to grant bail is circumscribed…

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