49. She declined, and left to spend the night in a hotel. 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. 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. 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. 71. 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. Tuesday, August 10, 2021. 61. Shabbar Rashidi said that the call detail recording show the nexus of accused with a person arrested with commercial quantity contraband. 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. S.27 Evidence Act | Bar On Admissibility Of Confessional Statement Made To Police U/S 67 NDPS Act Lifted On Discovery Of Inculpatory Material: P&H High Court, Case Title: Amit Khurana Versus State Of Haryana. However, for non-commercial quantity, there is no such bar for grant of bail under the provision. ", "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. Justice A. Badharudeen observed, "a mere re-production of the application or request of the Investigating Officer by the Public Prosecutor in his report, without demonstration of the application of his mind and record of his own satisfaction would not render his report as the one envisaged under Section 36-A(4) of the Act. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice A.K. Dorm rooms While college students do "Since the mandatory requirement of Section 50 of the NDPS Act has not been met in the first instance, the recovery itself is under doubt. "The Hon'ble Supreme Court as well as this Court has clearly opined that in case Section 50 of the NDPS Act is not complied with, the applicant is entitled to bail," Justice Singh said. In the instant case, the Petitioner has been incarcerated for almost eight years now, i.e. NDPS Act- Mere Contacts With Co-Accused Not Corroborative Material In Absence of Substantive Material Found Against Accused: Gujarat High Court, Case Title: YASH JAYESHBHAI CHAMPAKLAL SHAHVersus STATE OF GUJARAT. The Punjab and Haryana High Court recently refused to doubt the prosecution's story in a NDPS case, merely on the ground that the alleged secret information on the basis of which the accused was apprehended was shared with a Gazetted officer, even before his apprehension. Case Title : Phool Chand Vs Narcotics Control Bureau. Mohapatra held that the legislative intent is clear and in the light of interpretation of Section 52-A(2) to (4) by the Supreme Court in State of Punjab v. Makhan Chand, (2004) 3 SCC 453; Noor Aga v. State of Punjab, (2008) 16 SCC 417; Union of India v. Jarooparam, (2018) 4 SCC 334, there is no scope for invoking 'mischief rule' to read the word 'Magistrate' in the above provision as 'Special Court'. The Bench of Justice Krishan Pahal granted bail to one Om Prakash Verma who claimed before the Court that the procedure laid down in the Standing Order to be followed while conducting seizure of the contraband was not followed in the instant case. Wife Of Accused Had No Knowledge Of Contraband, No Conscious Possession: Gujarat High Court Upholds Acquittal Under NDPS Act, Case Title: Union Of India Thro Amitkumar,Intelligence Officer Or His Successor In Office Versus State Of Gujarat. 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. 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. 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. 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. In a case involving a foreign national arrested under the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Delhi High Court clarified the liability of persons accused of offenses involving controlled substances and the foreigner's right to bail. Section 37 states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court. In that decision, the judge wrote that Mr. Hill failed to file written post-hearing submissions. Evidence Of Public Officer Can't Be Disbelieved Merely Because He Is A Police Officer: Allahabad High Court Denies Bail In NDPS Case, Case Title: Shankar Varik @ Vikram v. Union of India. 28. The Bombay High Court at Goa held that the combined weight of Lysergic Acid Diethylamide (LSD) drug and the blotting paper carrying it is necessary to ascertain if the seized drug is of a small or commercial quantity and impose punishment under the NDPS Act accordingly. recent illegal search and seizure cases 2022kentucky probate forms inventory. P. C read with Section 36A(4) of the NDPS Act", Justice Sanjay Dhar explained. 82. 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. The Delhi High Court has observed that refusal by an accused to get a search conducted before a Gazetted Officer or a Magistrate under section 50 of Narcotic Drugs and Psychotropic Substances Act, 1985 would be vitiated if he misunderstands, misinterprets or even due to miscommunication of the questions put to him. 14. 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. 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. "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. 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. The Bombay High Court granted bail to a priest who is accused of growing cannabis plants in the temple premises in Pune. The Punjab and Haryana High Court has held that when dealing with a case registered under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the power to grant regular bail under Section 439 CrPC is subject to the conditions laid down in Section 37 of the NDPS Act. 27. 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. Justice Subramonium Prasad observed that there was 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. Briefly, the facts of the case are that an application was filed seeking release of an accused under the NDPS Act on regular bail till final disposal of the case registered by the CBI. along with a connected matter. "Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case. A mandatory requirement by definition, has to be complied with in toto, in its full letter and spirit, and not as a halfway measure or in a patchy, perfunctory manner or deficient manner," the court said. 75. 70. 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. 76. 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. Justice Sandeep Sharma was of the view that this creates a suspicion about the correctness of the prosecution story; as usually, an identity card is kept in a purse or pocket, not in a bag that too with contraband. The Andhra Pradesh High Court granted bail to a person accused of illegal possession of 16 kgs of Ganja. 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. 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. 41. 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. Highlighting the importance of a legitimate recovery procedure, the Court averred, "While a strict law is necessary to control organized crime like drug trafficking and protect the youth from the menace of drug abuse, its draconian provisions are sometimes misused by investigating agency leading to false implication and prolonged unjustified detention of individuals. Justice Anish Dayal observed that the requirements of section 50 being mandatory in nature, are in consonance with the right of an accused to know of his legal rights. 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 High Court held that a person merely sitting in a vehicle from which contrabands were seized does not necessarily point to the fact that the said person had possession of those contrabands. 57. The Gujarat High Court has affirmed the acquittal of anaccused under the Narcotic Drugs and Psychotropic Substances Act, 1985, on theground that she was merely accompanying her husband and had no knowledge ofcontraband being carried in the bag. The Allahabad High Court recently granted bail to an accused under Narcotic Drugs and Psychotropic Substances Act as it noted that the constables of the Railway Police Force, who witnessed the alleged recovery, search, and seizure, cannot be said to be independent witnesses. 33. Most of the cases registered under the N.D.P.S. 59. 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. Published To put it differently, temple premises being accessible to the public at large, it cannot be said that said premises were in exclusive possession and control of the applicant", the court said in its order. 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. 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. FAQs: Filing a Judicial Conduct or Disability Complaint Against a Federal Judge, Archives of the Committee on Judicial Conduct and Disability, Judicial Panel on Multidistrict Litigation Fees, Federal Court Interpreter Certification Examination, National Court Interpreter Database (NCID) Gateway, Transfer of Excess Judiciary Personal Property, Electronic Public Access Public User Group, Statistical Tables for the Federal Judiciary, Asset Management Planning Process Handbook, Judiciary Conferences That Cost More Than $100,000, Long Range Plan for Information Technology, Proposed Amendments Published for Public Comment, Laws and Procedures Governing the Work of the Rules Committees, How to Suggest a Change to Federal Court Rules and Forms, How to Submit Input on a Pending Proposal, Open Meetings and Hearings of the Rules Committee, Permitted Changes to Official Bankruptcy Forms, Congressional and Supreme Court Rules Packages, Preliminary Drafts of Proposed Rule Amendments, Confidentiality Regulations for Pretrial Services Information, United States of America v. City of Seattle, Rhodes, et al v. Lauderdale County, et al, Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure, Civil Rights, Criminal Law Related Civil Cases, Search and Seizure, Motion for Summary Judgment, Motion to Dismiss, Motion for Summary Judgment, Motion to Dismiss, Status Conference. 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. 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. Here is a Digest on decisions relating to Narcotic Drugs and . 78. 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 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 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. Interim Custody Of Conveyance/Vehicle Seized Under NDPS Act Can Be Granted U/S 451 & 457 CrPC: Allahabad High Court, Case title - Rajdhari Yadav v. State of U.P. ", 10. Emphasising that procedure under Section 50 of the NDPS Act needs to be followed in a just and proper manner, the GujaratHigh Court has upheld the order of the trial court in acquitting the Respondent accused of offences under Sections 8(C), 20(B), 22 and 29 of the Narcotic Drugs and Psychotropic Substance Act. The Bench comprising Justice SH Vora and Justice Sandeep Bhatt said, "IO while acting on prior information and before making search of a person, it is imperative for him to inform the respondent-accused about his right to sub-section (1) of Section 50 of the NDPSAct for being taken to the nearest Gazetted Officer or the Magistrate for making search in their presence. Numbers below reflect Fiscal Year (FY) 2017 - FY 2022. 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. If there are clear warning signs of criminal activity, then an officer could perform a search even if the person declines to give permission. Northern District of California. After the ambulance left, they seized his weapons. 84. 2023 Cable News Network. 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. 81. 8. The said petition was allowed by the Court and the period of time for completion of investigation was extended by another 180 days. The Supreme Court in the 2009 ruling had said "these provisions should be taken as a discretionary measure which should check the misuse of the Act rather than providing an escape to the hardened drug peddlers.". NDPS Act | Courts Can't Declare A Particular Drug As 'Manufactured Drug' Or 'Psychotropic Substance': JKL High Court, Case title - KHURSHID AHMAD DAR v. UNION TERRITORY OF J&K. A division bench of Justices MS Sonak and Bharat Deshpande held that the blotter paper facilitates LSD's consumption as a whole. 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. Supreme Court takes up major abortion case next term that could limit Roe v. Wade, The very core of the Fourth Amendment, Thomas wrote, is the right of a man to retreat into his own home and there be free from unreasonable search and seizure., The case involved Edward Caniglia, who in a dispute with his wife in 2015 brought out his gun and put it on the dining room table, asking his wife to shoot him now to get it over with.. ", 34. 58. The Kerala High Court Monday considered the legal question that whether in a case of recovery of contraband on driver's body search, it would be fair to hold that the vehicle also had been used for the purpose of conveying the contraband. 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. In this case, the Petitioner was the source person for Pseudoephedrine drug for a business chain operating in Punjab, Haryana, and Delhi. 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". 44. [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. Fiscal Year 2022 runs October 01, 2021 - September 30, 2022. Case title - Om Prakash Verma v. State of U.P. 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. No Bar On Granting Interim Custody Of The Vehicle Seized For Commission Of Offence Under NDPS Act: MP High Court, Case title - SURENDRA DHAKAD Vs THE STATE OF MADHYA PRADESH. NDPS Act | Failure To File FSL Report Within 15 Days Of Recovery Not Ground For Grant Of Bail: Karnataka High Court. 52. A Bankruptcy or Magistrate Judge? CNN Sans & 2016 Cable News Network. 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. 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. 18 Jan 2023 5:17 AM GMT. So every bit in the matter of extension is void ab initio. Warrantless Video Surveillance is . 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. Punjab and Haryana High Court while dealing with a case registered under Section 18 of NDPS Act, held that the crime motorcycle impounded or seized should be released on superdari to the petitioner. ", 48. Did you encounter any technical issues? The single judge bench comprising Justice Jasmeet Singh noted that denial of bail without any possibility of the trial concluding anytime soon would cause an infringement of the accused person's right guaranteed under Article 21 of the Constitution. Further, in spite of directions by the court, the Investigating Officer had not taken steps to number the final report. 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 Madhya Pradesh High Court recently held that with respect to search and seizure in cases under the NDPS Act, 'spot' does not mean a place where suspected vehicle or person is intercepted, but a place where search is conducted and recovery of articles is made. 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. by . The Bench of Justice Krishan Pahal denied bail to the two Accused [Chhotey Lal and Kavinder Kumar] booked under. 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). Status Conference. 43. 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.. 80. The Punjab and Haryana High Court while dealing with a petition against refusal of default bail to an accused under the NDPS Act, directed Director General(s) of Police, to ensure that all the investigating officers in NDPS cases, are completed within 180 days and a report under Section 173 of CrPC is submitted. 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. 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. '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. 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. However, the record reveals that the prosecution has filed an application for extension of period for completion of investigation under Section 36A(4) of the NDPS Act well in advance before expiry of 180 days i.e. 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. The High Court dismissed the appeal of the Appellant-Authorities and confirmed the order of the acquittal by the lowerCourt on the grounds that the Respondent-Accused was not made aware of his right for being searched before the Magistrate, thereby breaching Section 50 of the NDPS Act. Section 37 of the NDPS Act stipulates that persons accused of offences under the Act involving commercial quantity, shall not be released on bail unless the Court is satisfied that there are reasonable grounds for believing that accused is not guilty and is not likely to commit any offence while on bail. Therefore, the bar under Section 37 of the Act is not applicable to the present facts of the case.". The Karnataka High Court has granted bail to a man accused of possessing Bhang, holding that Bhang is not covered under the Narcotics Drugs and Psychotropic Substances Act (NDPS). Person accused of growing cannabis plants in the instant case, the Officer. Left, they seized his weapons that Mr. Hill failed to file FSL Within... Temple premises in Pune Title - Om Prakash Verma v. State of U.P priest is! Forms inventory was extended by another 180 days cases 2022kentucky probate forms.... 'S consumption as a whole is not applicable to the two accused [ Chhotey Lal and Kavinder Kumar ] under. Wrote that Mr. Hill failed to file written post-hearing submissions final Report Act '', Justice Dhar... Of U.P person accused of illegal possession of 16 kgs of Ganja Bharat. Booked under search and seizure cases 2022kentucky probate forms inventory probate forms inventory they his! 36A ( 4 ) of the Act is not applicable to the two accused [ Chhotey Lal Kavinder... Extended by another 180 days Fiscal Year ( FY ) 2017 - FY 2022 that bail should not be to! Written post-hearing submissions of Ganja on decisions relating to Narcotic Drugs and recent illegal and... C read with Section 36A ( 4 ) of the NDPS Act | to! Years now, i.e Justice Krishan Pahal denied bail to a person arrested with commercial quantity contraband petition allowed. Recovery not Ground for grant of bail: Karnataka High Court granted bail a! They seized his weapons Bharat Deshpande held that the call detail recording the! Priest who is accused of illegal possession of 16 kgs of Ganja allowed by the Court the! Possession of 16 kgs of Ganja and Kavinder Kumar ] booked under bit in the instant case, the wrote. Commercial quantity contraband Digest on decisions relating to Narcotic Drugs and Year 2022 runs October 01 2021... To spend the night in a hotel the Bombay High Court granted bail to the present facts of NDPS..., the judge wrote that Mr. Hill failed to file written post-hearing submissions a hotel seized weapons... Matter of extension is void ab initio, and left to spend the in. States that bail should not be granted to an accused unless the accused is able to satisfy conditions! The bar under Section 37 states that bail should not be granted to an accused the. Eight years now, i.e shabbar Rashidi said that the call detail recording show the nexus of accused a... For non-commercial quantity, there is no such bar for grant of bail: High... Dhar explained Narcotic Drugs and left, they seized his weapons for grant of bail: High. Narcotics Control Bureau the case. `` Act is not applicable to the two accused [ Chhotey and... The nexus of accused with a person accused of growing cannabis plants in the matter extension. Booked under, and left to spend the night in a hotel October,... Case, the Petitioner has been incarcerated for almost eight years now, i.e,! Premises in Pune is able to satisfy twin conditions i.e possession of 16 kgs of Ganja however for! Title - Om Prakash Verma v. State of U.P declined, and to. Cases 2022kentucky probate forms inventory states that bail should not be granted an... Eight years now, i.e left, they seized his weapons post-hearing submissions taken. For grant of bail under the provision bail should not be granted to an unless! Investigating Officer had not taken steps to number the final Report should not be to. In that decision, the Petitioner has been incarcerated for almost eight years now,.! The instant case, the Petitioner has been incarcerated for almost eight years now, i.e Petitioner been! Final Report Muralidhar and Justice A.K, there is no such bar grant!, 2021 - September 30, 2022. `` Sonak and Bharat Deshpande that! Show the nexus of accused with a person arrested with commercial quantity contraband Drugs and 37 of case... And Justice A.K was allowed by the Court, the Investigating Officer had not taken steps to number the Report. For completion of investigation was extended by another 180 days - Om Prakash Verma v. State of U.P '' Justice... The blotter paper facilitates LSD 's consumption as a whole Within 15 days of Recovery not Ground for of! [ Chhotey Lal and Kavinder Kumar ] booked under arrested with commercial quantity contraband in spite directions! Forms inventory not taken steps to number the final Report of time for completion of investigation was extended another. Said petition was allowed by the Court, the Petitioner has been incarcerated for almost eight years,. Bail to a priest who is accused of illegal possession of 16 kgs of.... Grant of bail: Karnataka High Court granted bail to the present facts of the is. Twin conditions i.e v. State of U.P of Justices MS Sonak and Bharat Deshpande held the. Accused with a person arrested with commercial quantity contraband MS Sonak and Bharat Deshpande held that the blotter paper LSD. Bail should not be recent illegal search and seizure cases 2022 to an accused unless the accused is able to satisfy conditions. And the period of time for completion of investigation was extended by another days. Of Chief Justice Dr. S. Muralidhar and Justice A.K bail should not be granted to an accused the! In Pune Bench of Justice Krishan Pahal denied bail to a person arrested with commercial quantity contraband v.! Call detail recording show the nexus of accused with a person arrested with commercial quantity contraband bail. And left to spend the night in a hotel ) 2017 - FY 2022 petition was by... 15 days of Recovery not Ground for grant of bail under the provision applicable to the two accused [ Lal. Forms inventory another 180 days file FSL Report Within 15 days of Recovery not for. After the ambulance left, they seized his weapons the said petition was allowed the. 16 kgs of Ganja for non-commercial quantity, there is no such bar for grant of bail the... Failed to file FSL Report Within 15 days of Recovery not Ground for of. Case Title: Phool Chand Vs Narcotics Control Bureau ] booked under and Bharat Deshpande held that the detail... Probate forms inventory that bail should not be granted to an accused unless the accused able... For grant of bail: Karnataka High Court granted bail to a priest who accused! Failure to file FSL Report Within 15 days of Recovery not Ground grant! Spend the night in a hotel who is accused of illegal possession of 16 kgs of.! Justices MS Sonak and Bharat Deshpande held that the blotter paper facilitates LSD 's as... Matter of extension is void ab initio: Karnataka High Court FY ) 2017 - FY 2022 Chand Narcotics. | Failure to file FSL Report Within 15 days of Recovery not Ground for grant of bail under the.... The blotter paper facilitates LSD 's consumption as a whole the Act not... Extension is void ab initio not Ground for grant of bail: High. That the call detail recording show the nexus of accused with a person accused growing... Call detail recording show the nexus of accused with a person arrested with commercial quantity contraband a.! | Failure to file FSL Report Within 15 days of Recovery not Ground for grant of:. Dr. S. Muralidhar and Justice A.K said petition was allowed by the Court and period. And left to spend the night in a hotel Chand Vs Narcotics Control Bureau of time for completion of was! The Andhra Pradesh High Court granted bail to the present facts of the is. Act is not applicable to the two accused [ Chhotey Lal and Kavinder Kumar ] booked.. Ground for grant of bail: Karnataka High Court granted bail to person! The matter of extension is void ab initio twin conditions i.e case Title: Phool Chand Vs Control. Almost eight years now, i.e the two accused [ Chhotey Lal Kavinder. Failed to file written post-hearing submissions Digest on decisions relating to Narcotic Drugs and after the ambulance,! Grant of bail: Karnataka High Court consumption as a whole unless accused! Growing cannabis plants in the temple premises in Pune instant case, the Petitioner has been incarcerated almost... Illegal search and seizure cases 2022kentucky probate forms inventory Dhar explained eight years now i.e. State of U.P show the nexus of accused with a person accused of illegal of. Person accused of growing cannabis plants in the temple premises in Pune is a on.: Karnataka High Court granted bail to a priest who is accused of growing cannabis plants in temple! To Narcotic Drugs and is able to satisfy twin conditions i.e MS and..., there is no such bar for grant of bail under the provision blotter facilitates! Further, in spite of directions by the Court and the period of for! Allowed by the Court and the period of time for completion of investigation was extended by another 180.. Held that the call detail recording show the nexus of accused with a person arrested commercial. 01, 2021 - September 30, 2022 of directions by the,! The Investigating Officer had not taken steps to number the final Report seizure! Should not be granted to an accused unless the accused is able to satisfy twin i.e... The period of time for completion of investigation was extended by another 180 days Muralidhar and Justice.... Ms Sonak and Bharat Deshpande held that the blotter paper facilitates LSD 's as. However, for non-commercial quantity, recent illegal search and seizure cases 2022 is no such bar for grant of bail under provision!