recent illegal search and seizure cases 2022

The purpose of this site is to provide information from and about the Judicial Branch of the U.S. Government. While granting bail to the petitioner, who was booked under the NDPS Act and detained for being found from a vehicle which carried ganja, a Single Judge Bench of Dr. Justice Sanjeeb Kumar Panigrahi placed heavy reliance on the observations made in Avtar Singh & Ors. 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). When Drug Was Recovered On Driver's Body Search, It Can't Be Held That Vehicle Was Used For Conveying Contraband : Kerala High Court, Case Title: Wilson C.C. 23. The Bench comprising Justice SH Vora remarkedthat her conscious possession as understood under the law does not surface evena reasonable doubt. Granting bail to a Nigerian in a drugs case after nearly four years of custody, the Delhi High Court has said that any recovery made without compliance of Section 50 of the NDPS Act "itself cannot be sustained" and no reliance can be placed on it. 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. 37. '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. recent illegal search and seizure cases 2022kentucky probate forms inventory. Conjoint reading of Section 36A of NDPS Act and Section 167 of Cr. 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. 31. 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. Justice G Jayachandran observed that the seized contraband had not been tested for its content even after 5 years. LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. along with a connected matter. 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. A Bench comprising Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay opined that all police officers are ordinarily equipped with smartphones and other electronic gadgets which would enable them to videograph such a recovery procedure. 62. 82. 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. Northern District of California. '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). 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). 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. There may be myriad reasons for that ranging from false implication to winning over of such witnesses by resourceful accuseds." 70. Public Prosecutor Must File Independent Report Justifying Detention Of Accused Beyond 180 Days U/S 36A(4) NDPS Act: Punjab & Haryana HC, Case: Joginder Singh S/o Jai Singh v. the State of Haryana. It requires existence of such facts and circumstances as are sufficient to justify satisfaction that the accused is not guilty of the alleged offence. appreciated. Act read with Section 167(2) of the Cr.P.C. 69. ", 48. Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court, Title: SULEMAN v. THE STATE (NCT OF DELHI). 75. The facts of the case were that brown sugar packaged in aplastic bag was retrieved from the Respondent, herein. A Bankruptcy or Magistrate Judge? The Bench of Justice Chandra Kumar Rai ordered to release the applicant- Wali Hassan on bail on his furnishing a personal bonds and two heavy sureties each in the like amount to the satisfaction of the Court concerned. After the ambulance left, they seized his weapons. The High Court set aside the orders passed by a Sessions-cum-Special Court which granted extension to submit chargesheet without providing hearing to accused and not even releasing him when he was entitled for 'default bail'. "Inordinate Delay In Trial, Prolonged Judicial Custody": Delhi High Court Grants Bail To Man Incarcerated For Almost 8 Yrs In NDPS Case. 59. 2 (wife of accused no.1) for offences under Sections 8(c), 20(b) and 29 of the NDPS Act. Denial Of Speedy Trial Infringes Fundamental Right Under Article 21, May Be A Ground For Grant Of Bail: Delhi High Court, CASE TITLE: GURMITO v. CENTRAL BUREAU OF INVESTIGATION. Possession Of 16 Kg Ganja Does Not Attract The Bar Under Section 37 Of NDPS: Andhra Pradesh High Court Grants Bail To Accused, Case Title: Nandurkar Satish Dowlathrao V. State Rep By The Public Prosecutor. [NDPS Act] Cannabis Seeds & Leaves Excluded From Definition Of 'Ganja' Only When Not Accompanied By Flowering & Fruiting Tops: Karnataka HC, Case Title: Rangappa v. State By Basavapatna P S, Case no: CRIMINAL PETITION NO.11678 OF 2022. 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. 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. 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 substance was found to be 750 grams (one polybag containing 400 gms and other 350 gms). It cannot be stated that he was in physical custody of the Court so as to claim the computation of such period in reckoning the period of 180 days of detention to acquire the statutory right under proviso to sub-section (2) of Section 167 Cr. 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. 53. 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. 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. 38. recent illegal search and seizure cases 2022 Total CBP Enforcement Actions. A Warner Bros. "The applicant is in the business of fertilizers and hence the use of word 'Khad' is neither unusual nor strange. v. State of Kerala. Audi alteram partem or hear the other side is one of the fundamental pillars of the principles of natural justice. Thus, restrictions under Section 37 of the Act would apply. 76. The Andhra Pradesh High Court granted bail to a person accused of illegal possession of 16 kgs of Ganja. 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. 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. florida city gas installation. Thus, the Court proceeded to issue a host of directions in this regard. 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. 5. S.42 NDPS Act | Gazetted Police Officer Can Cause Lawful Search Of Enclosed Spaces 'Whether By Day Or Night': P&H High Court, Case Title: Navjot Singh @ Jota Versus State Of Punjab. [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. 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. 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. @ Ali Hussain Seikh v. Narcotics Control Bureau, The Calcutta High Court observed that a Gazetted Officer who is a member of the raiding party cannot be said to be an independent person and thus a desire expressed by accused persons to be searched by such an officer does not constitute a voluntary relinquishment of the right enshrined under Section 50 of the Narcotic Drugs and Psychotropic Substance Act. 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.. "The compliance of such requirements should therefore, be complete and not left in doubt. "The term "conscious possession" is not capable of precise and complete logical definition of universal application in the context of all the statute and the knowledge of possession of contraband has to be ascertained from the fact and circumstances of the case," Justice Sanjay Dhar observed. BAIL APPLICATION No. reasonable ground for believing that the accused is not guilty of such an offence and that the accused would not commit an offence or is not likely to commit an offence, if granted bail. Right Of Accused U/S 50 Of NDPS Act To Be Searched In Presence Of Magistrate Violated: Gujarat High Court Upholds Order Of Acquittal, Case Title: State Of Gujarat v. Ugamsinh Dhanrajsinh. OF NCT OF DELHI). NDPS Act | ChargesheetWithout FSL Report Not Defective, No Ground For Default Bail U/S 167(2) CrPC: Karnataka High Court, Case Title: Sayyad Mohammad @ Nasim V State Of Karnataka Case No: Writ Petition No.5934 Of 2022. 30. It was further observed that reliance on such technology must be placed to instil fairness, impartiality and confidence in the investigative process. 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. 11:30 AM EDT, Mon May 17, 2021. 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. However, many people, especially young college students, do not know about those rights and may unknowingly be the victims of unlawful drug searches. Found to be 750 grams ( one polybag containing 400 gms and other 350 gms ) of principles... And about the Judicial Branch of the principles of natural justice of possession. 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