| Topics |
Headnote |
Judgement |
| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
CrPC — S 378 — Appeal against acquittal — NDPS Act — S 8, 15, 42 & 43 — Secret information — recorded in Roznamacha and the information sent to the Circle Officer — contradiction between — Personal jeep — intercepted & seized by the police — cannot be said to be a public conveyance within the meaning of Explanation to Section 43 — non-compliance of Section 42(1) & 42(2) — seriously prejudiced the accused — Held, Section 43 being not attracted search was to be conducted after complying the provisions of Section 42 — Acquittal upheld. (Para 12, 17, 19 & 25) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — Object of — to make stringent provisions for control and regulation of operations relating to those drugs and substances— At the same time, to avoid harm to the innocent persons — & to avoid abuse of the provisions by the officers— Safeguards provided — have to be observed strictly. (Para 9) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 41(1) — Issuing of warrant for arrest or search — by a Magistrate who is not empowered — Held, such search or arrest if carried out would be illegal— State of Punjab Vs. Balbir Singh —referred. (Para 20) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 41(1)&(2) — Arrest or Search — by an officer who is not empowered or duly authorized —the same would be illegal— State of Punjab Vs. Balbir Singh —referred. (Para 20) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 41(2) — Authorisation to subordinate officer to carry out the arrest of a person or search — can be given only by the empowered officer — Contravention would affect the prosecution case and vitiate the conviction— State of Punjab Vs. Balbir Singh —referred. (Para 20) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 41(2) — Search by an empowered officer or an authorised officer under Section 41(2) — which he would be doing so under the provisions of CrPC — if there is no strict compliance with the provisions of CrPC — such search would not per se be illegal and would not vitiate the trial—Duty of the Court — The effect of such failure has to be borne in mind by the courts while appreciating the evidence in the facts and circumstances of each case — CrPC — Ss 100 & 165— State of Punjab Vs. Balbir Singh —referred. (Para 20) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 41(2), 42 & 50 — Duty of the empowered officer — while acting u/ss 41(2) or 42 — on prior information — the officer should comply with the provisions of Section 50 before the search of the person is made — & such person should be informed that if he so requires, he shall be produced before a Gazetted Officer or a Magistrate as provided thereunder— It is obligatory on the part of such officer to inform the person to be searched— Failure to inform the person to be searched & if such person so requires, failure to take him to the Gazetted Officer or the Magistrate— would amount to non- compliance of Section 50 — & would affect the prosecution case and vitiate the trial— State of Punjab Vs. Balbir Singh —referred. (Para 20) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 42 — Non compliance of — Secret information — raid conducted on the basis of — Held, present is not a case where the sudden search was carried out at a public place — When search is conducted after recording information u/s 42(1), the provisions of Section 42 has to be complied with. (Para 18) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 42(1) — Mandatory provisions — Compliance of — Duty of the officer receiving the information — held, the provisions make it obligatory that officers mentioned therein on receipt of an information — should reduce the same to writing and also record reasons for the belief while carrying out arrest or search as provided under the proviso to Section 42(1) — the failure to comply with these requirements thus affects the prosecution case and therefore vitiates the trial — State Of Punjab vs Balbir Singh—relied upon. (Para 9) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 42(2)— Secret information recorded & the information sent to Circle Officer—difference between — The communication sent to Circle Officer was not as per the information recorded— breach of Section 42(2) — Acquittal upheld. (Para 12) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 42(2) — Requirement under — Secret information — recording of — Held, where an officer takes down an information in writing under sub-Section (1) he shall send a copy thereof to his immediate officer senior. (Para 14) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 42(1) — Search of the offender under— without warrant — Held, any authorised officer can carry out search between sun rise and sun set without warrant or authorisation. (Para 14) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 42(1) — Search of the offender under— without warrant — between sun set and sun rise — the warrant would be necessary — unless officer has reasons to believe — that a search warrant or authorisation cannot be obtained without affording the opportunity for escape of offender— the grounds of his belief has to be recorded. (Para 14) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 42(1)&(2) — Search of the offender under— without warrant — between sun set and sun rise — Ground for belief —as contemplated by proviso — non recording by the officer — fatal to prosecution. (Para 14) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 42 & 50 — Provisions under — non compliance of — Held, the provisions are mandatory and their non-compliance would render the investigation illegal. (Para 23) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 42 — Compliance of — failure to — Held, compliance of section 42 is mandatory — failure to take down the information in writing and forthwith send a report to his immediate official superior would cause prejudice to the accused — Abdul Rashid Ibrahim Mansuri vs. State of Gujarat —relied. (Para 24) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 42 — Delayed compliance — with satisfactory explanation will be acceptable compliance. (Para 25) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
Interpretation of Statute — NDPS Act — S 43 — Expression “public place” & “public conveyance”— interpretation of — expression “public place” includes any public conveyance — The word “public conveyance” has to be understood as a conveyance which can be used by public in general. (Para 16) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
Interpretation of Statute — NDPS Act — S 43 — “public conveyance”— Interpretation of — The vehicles which can be used for public are public Motor Vehicles for which necessary permits have to be obtained— Without obtaining a permit in accordance with the MV Act no vehicle can be used for transporting passengers — Motor Vehicles Act, 1988. (Para 16) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 43 — attraction of — No permit for running the vehicle as public transport vehicle— Held, personal vehicle could not be treated as public transport vehicle— Sec 43 not attracted. (Para 16 & 17) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
Criminal Jurisprudence — Intention of legislature — NDPS Act — S 50 — Safe guard under — Purpose of enactment — Having regard to the grave consequences — namely, the shifting of the onus to the accused — & the severe punishment to which he becomes liable — safeguard has been enacted — Saiyad Mohd. Saiyad Umar Saiyed & others vs. The State Of Gujarat—relied upon. (Para 10) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 50 — Attraction of — Search or arrest without any prior information as contemplated under the provisions of the NDPS Act — in the normal course of investigation into an offence — or suspected offences as provided under the provisions of CrPC — when such search is completed at that stage Section 50 of the NDPS Act would not be attracted — & the question of complying with the requirements thereunder would not arise — State of Punjab Vs. Balbir Singh —referred. (Para 20) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 50 — Attraction of — Chance recovery — of any narcotic drug or psychotropic substance during search or arrest in the normal course of investigation into an offence — by a not empowered police officer — he should inform the empowered officer who should thereafter proceed in accordance with the provisions of the NDPS Act— State of Punjab Vs. Balbir Singh —referred. (Para 20) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 50 — Attraction of — Chance recovery — of any narcotic drug or psychotropic substance during search or arrest in the normal course of investigation into an offence — by an empowered police officer — from that stage onwards, he should carry out the investigation in accordance with the other provisions of the NDPS Act— State of Punjab Vs. Balbir Singh —referred. (Para 20) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 50 — Presence of a Gazetted Officer or a Magistrate — requirement of — object of — To obviate any doubt as to the possession by the accused of illicit — Saiyad Mohd. Saiyad Umar Saiyed & others vs. The State Of Gujarat—relied upon. (Para 10) |
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| NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (NDPS) ACT, 1985 |
NDPS Act — S 50 — Exercising the right under — by the person to be searched in the presence of a Gazetted Officer or a Magistrate — After being so informed whether such person opted for such a course or not would be a question of fact. — State of Punjab Vs. Balbir Singh —referred. (Para 20) |
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NDPS Act — S 54 — Onus of proof — Shifting of — the section shifts the onus of proving his innocence upon the accused—Saiyad Mohd. Saiyad Umar Saiyed & others vs. The State Of Gujarat—relied upon. (Para 10) |
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