recent illegal search and seizure cases 2022

The Punjab and Haryana High Court on Wednesday granted bail to a man booked under the NDPS Act for allegedly possessing 2kg of Heroin in view of his custody period of over 2.5 years and observing that his further incarceration would be violative of Article 21 of the Constitution of India. 23. 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. Even if the application is routed through the Public Prosecutor that will not be sufficient, he is expected to apply his mind independently, while seeking extension of time by the investigating agency Justice G Ilangovan observed. 67. Most of the cases registered under the N.D.P.S. 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 & Haryana High Court has highlighted that Section 42 of the NDPS Act which deals with Power of entry, search, seizure and arrest without warrant or authorization relates only to search of a building, conveyance or enclosed place and includes 'parked vehicles'. Having held so, Justice Mohan Lal noted that a confessional statement recorded under Section 67 of the NDPS Act would remain inadmissible in the trial for an offence under the NDPS Act. 57. 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. Elaborating on the rigours prescribed under Section 37 NDPS Act, Justice Puneet Gupta observed that 'reasonable grounds' must be shown for believing that the accused is not guilty of offence under Section 19 or Section 24 or Section 27 and also for offences involving commercial quantity and is not likely to commit any offence while on bail. 69. ", 48. Civil Rights, Criminal Law Related Civil Cases, Diversity, Search and Seizure. Right To Speedy Trial Can't Remain Dead Letter: Delhi High Court Grants Bail To Person Accused With Commercial Quantity Ecstasy. There may be myriad reasons for that ranging from false implication to winning over of such witnesses by resourceful accuseds." The Bombay High Court granted bail to a priest who is accused of growing cannabis plants in the temple premises in Pune. Justice Jasmeet Singh granted bail to one Laxman Thakur accused in an FIR registered under sections 20 and 29 of NDPS Act. 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. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice A.K. 61. Justice Cheekati Manavendranath Roy held that: "In the said facts and circumstances of the case, mere non-mentioning of exact quantity of ganja in F.I.R by itself is not fatal to the case of the prosecution. P. C read with Section 36A(4) of the NDPS Act", Justice Sanjay Dhar explained. "Evidence of a public officer cannot be thrown only on the ground that he is a police officer," the High Court held while denying bail to an accused allegedly involved in a case pertaining to recover of 1,025 kg ganja. Justice Sanjay Dwivedi was essentially dealing with the bail applications moved by the Applicants accused U/S 8/20, 25, 27(a)/28 R/W Section 29 NDPS Act. on 22.11.2021. The Andhra Pradesh High Court recently granted regular bail to an accused under Narcotics Drugs and Psychotropic Substances Act, 1985, noting that the rigours of bail stipulated under Section 37 thereof do not apply in case the recovery is not of commercial quantity contraband. Emphasing that fair, just and reasonable procedure is implicit in Article 21 and it creates a right in the accused to be tried speedily, the Court observed: "This Court has consistently observed that while Courts must remain cognizant of the deleterious impact of drugs on society, it is also important to keep in mind that deprivation of personal liberty without the assurance of speedy trial contravenes the principles enshrined in our Constitution. 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. 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. 45. 31. A single judge bench of Justice H P Sandesh said,"Assistant Commissioner of Police is also a Gazetted OfficerSearch by the officer of the said department is not a bar and no law prescribes that he (suspect/accused) should be subjected to the personal search in the presence of the Gazetted Officer not belonging to the particular department. Administrative Oversight and Accountability, Director of Workplace Relations Contacts by Circuit, Fact Sheet for Workplace Protections in the Federal Judiciary, Chronological History of Authorized Judgeships - Courts of Appeals, Chronological History of Authorized Judgeships - District Courts. 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. The said period would expire by 11.12.2021. "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. 51. A Single Judge Bench of Justice Sashikanta Mishra relied upon Iswar Tiwari v. State of Odisha, 2020 (80) OCR 289, wherein the legal position as regards the provisions under Section 167(2) of Cr.P.C read with Section 36(A)(4) of the NDPS Act, was elaborately discussed by the Orissa High Court and it was held that the notice must mandatorily be issued to the accused and he must be produced before the Court whenever such an application is taken up and that where any such report occurs the question of it being contested does not arise and a right accrues in favour of the accused. In this backdrop, acceptance of the offer by the appellants to be searched before an officer who is a member of the raiding party cannot be said to be a voluntary expression of their desire to be searched before such officer. In most cases as in the present case, independent witnesses are either not examined or turn hostile. Draconian Provisions Of NDPS Act Misused: Calcutta High Court Orders Mandatory Videography Of Recovery Procedure, Case Title: In the matter of : Kalu Sk. The Supreme Court of Ohio today vacated a Marion County woman's drug possession conviction, finding police illegally searched a bookbag with a baggie sticking out from the zipper.. Federal laws protect everyone from illegal search and seizure. Section 37 of the NDPS Act mandates a more stricter approach than an application for bail sans the NDPS Act. Opining further that such a Gazetted Officer cannot be said to be an independent person before whom such a search can be conducted under Section 50 of the NDPS Act, the Court underscored, "A Gazetted Officer who had proceeded to the place of occurrence after entertaining reasonable belief that the accused persons may be carrying narcotic substance cannot be said to be an independent person before whom the law contemplates a search. 1 Beginning in March FY20, OFO Encounters statistics include both Title 8 Inadmissibles and Title 42 Expulsions. NDPS Act | 'Spot' Means Place Where Search Is Conducted & Recovery Is Made, Not Where Suspected Vehicle Or Person Is Intercepted: Madhya Pradesh HC, Case Title: Kamruddin v. Union of India, with connected matters. An officer who wants to search will typically need either permission or a warrant. 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. recent illegal search and seizure cases 2022 Total CBP Enforcement Actions. 37. NDPS Act | Commercial Quantity Of Contraband Seized, Mere Non-Mentioning Of Exact Weight In FIR Not Fatal To Prosecution Case: Andhra Pradesh HC, Case Title: Raju Jat Versus The State of Andhra Pradesh. She declined, and left to spend the night in a hotel. 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. 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. 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. The court made the observation while granting bail to Pratap Singh, who was in custody in the case since March 09 last year. The U.S. Supreme Court on April 29, 2021 in Washington, DC. In this case, the Petitioner was the source person for Pseudoephedrine drug for a business chain operating in Punjab, Haryana, and Delhi. The Punjab and Haryana High Court has granted bail to a man, allegedly found in conscious possession of 500 kgs of poppy husk without any licence, after three years of custody as an undertrial. All Rights Reserved. The chemical analyser wrote to the Anti-Terrorism Squad earlier this year and clarified that no contraband was found in the items seized from the Nigerian in the year 2020, only pain killers and caffeine. The remarks were made while granting bail to an accused under the Narcotics, Drugs and Psychotropic Substances Act, 1985, languishing in jail for more than four years. 76. The Andhra Pradesh High Court granted bail to a person accused of illegal possession of 16 kgs of Ganja. since 27.03.2014, for an offence that is punishable with a minimum imprisonment of ten years. So every bit in the matter of extension is void ab initio. Dismissing two bail pleas filed by Accused under the Narcotic Drug and Psychotropic Substances Act, the High Court has observed a minor discrepancy in the weight of the sample sent to the Forensic Laboratory cannot shake the roots of the prosecution case. 40. 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. 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). LiveLaw reported almost 7,000 orders and judgments in 2022 from various High Courts across the country. 2023 Cable News Network. 46. 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. S.36A(4) NDPS Act | Apart From Reasons To Detain Accused Beyond Statutory Period, Prosecutor's Report Must Disclose Progress Of Investigation: Kerala HC, Case Title: Ubaid A.M. v. State of Kerala. 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". ", 34. The appeal was dismissed, and Ms. Green was awarded costs in the amount of $5,000. 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. Numbers below reflect Fiscal Year (FY) 2017 - FY 2022. The Delhi High Court has observed that the effect of non-compliance of any mandatory provision under the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Investigating Officer or any irregularity or illegality committed at the time of making of the seizure memo is essentially a matter of trial and cannot be looked into at the stage of bail, unless there is any glaring irregularity which will make the seizure itself illegal. 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. 2. The Court took on record a report of October 30, 2022 submitted by the State in terms of an earlier order of September 28, 2022 whereby the State was directed to establish the existence of a nexus between the bail applicant and individual arrested with the commercial quantity of narcotics and whereupon the Bench took stock of the finding therein recording the existence of call details between the bail applicant and the individual arrested with the commercial quantity of narcotics. The court said though the authorities cannot ignore statutory rigours of the provisions especially when it causes serious prejudice to the accused, the apex court in Karnail Singh v. State of Haryana has said the provision of Section 41 is a discretionary measure. The next morning she could not reach her husband by phone and called the police to ask them to check in on her husbands welfare. Rafael Gonzalez, Esq., Cattie & Gonzalez, PLLC On June 10, 2022, the United States Supreme Court published its decision on Gallardo v. so far as, they are not in contradictions with the special Act NDPS Act, shall be applicable to the NDPS Act and as in the NDPS Act no procedure for interim custody of the vehicle is prescribed Sections 451 and 457 of Cr.P.C. Myriad reasons for that ranging from false implication to winning over of witnesses., OFO Encounters statistics include both Title 8 Inadmissibles and Title 42 Expulsions either! From false implication to winning over of such witnesses by resourceful accuseds. cases 2022 Total CBP Actions. ( FY ) 2017 - FY 2022 left to spend the night in a.. Singh granted bail to one Laxman Thakur accused in an FIR registered under sections 20 and 29 of NDPS.. Is void ab initio in March FY20, OFO Encounters statistics include both Title 8 Inadmissibles and 42... 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