Kerala High Court Annual Digest 2023: NDPS Act

NDPS Act | Vehicle Piloting Another Vehicle Carrying Contraband Is Not Vehicle Used As Conveyance; Cannot Be Confiscated: Kerala High CourtCase Title: Firozalavi T.V. v. State of Kerala & Ors.Citation: 2023 LiveLaw (Ker) 40The Kerala High Court considered the question as to whether a vehicle piloting or accompanying another vehicle, which is transporting Narcotic Drug and Psychotropic Substances could be held as vehicle used as conveyance in carrying the contraband so as to confiscate the same under Section 52-A of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), and answered the same in the negative.The Single Judge Bench of Justice A. Badharudeen observed that to hold that the vehicle accompanying or piloting another vehicle carrying the contraband, also as a vehicle carrying the contraband, and to treat the same also as conveyance is beyond the statutory intent of Section 60(3) of NDPS Act.'Reasonable Grounds' For Grant Of Bail U/S 37 NDPS Act Implies Something More Than Prima Facie Grounds: Kerala High Court ReiteratesCase Title: Suresh Kumar V State of KeralaCitation: 2023 LiveLaw (Ker) 56The Kerala High Court refused to grant bail to a man booked under Sections 22(c), 27 A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of commercial quantity of MDMA. The bail application was filed by the 9th accused in a crime registered on the files of Excise Range Office, Ernakulam for possession of 1.085 Kgs of MDMA that was discovered at Marhaba Apartment, Vazhakala.Justice A. Badharudeen while dismissing the bail application observed that the rider under Section 37 of the NDPS Act would apply for possession of commercial quantity of contraband and that bail can only be granted if there are reasonable grounds for believing that the accused is not guilty of the offence and that he will not commit any offence if released on bail.S.52A NDPS Act Not Bar To Grant Interim Custody Of Seized Vehicles U/S 457 CrPC: Kerala High CourtCase Title: Shanil v. State of Kerala & Anr. and other connected mattersCitation: 2023 LiveLaw (Ker) 88The Kerala High Court held that jurisdictional courts, such as the Special Court and Magistrate Court, are vested with the power to grant interim custody of vehicles seized in connection with offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS) under Section 457 CrPC, irrespective of the procedure for disposal stipulated in Section 52A of the Act.Justice V.G. Arun arrived at the above finding while noting that the Apex Court had, in Sainaba v State of Kerala & Anr. (2022), reversed the finding in Shajahan v. Inspector of Excise (2019), that Magistrates were denuded of the power to grant interim custody under Section 451 CrPC."...the appeal (in Sainaba) was allowed and direction to release the vehicle issued, after taking note of the legal provisions, viz, Section 36C r/w 51 of the NDPS Act and Section 451 Cr.P.C. As such, there is an implied reversal of the dictum in Shajahan (supra) by virtue of Article 141 of the Constitution of India. I also take note of the judgment in Pradeep B. v District Drug Disposal Committee and others (WA No.1304/2022 of High Court of Kerala), wherein, a Division Bench headed by the Chief Justice expressed the opinion that Shajahan (supra) requires reconsideration and directed a Full Bench to be constituted"Police Officer Is Gazetted Officer For Search Of A Person U/S 50 NDPS Act Unless He Is Part Of Investigating Team: Kerala High CourtCase Title: Nithin V State of KeralaCitation: 2023 LiveLaw (Ker) 137The Kerala High Court recently held that any police officer being a gazetted officer would be competent to conduct a search under Section 50 (conditions under which search of persons shall be conducted) of the Narcotic Drugs and Psychotropic Substances Act, 1985.The only exception to this would be a police officer part of the detecting or investigating team, as such an officer could not be considered an independent officer for the purposes of the search.The court also clarified that ensuring the presence of the gazetted officer at the place of search, instead of taking the accused to the gazetted officer would not be considered non-compliance of Section 50 of the NDPS Act.A single bench of Justice A Badharudeen was considering the bail application of a man who was arrested for possession of 0.9 grams of MDMA intended for sale which is punishable under the NDPS Act.IOs, Public Prosecutors Can't Casually Seek Extension Of Time For Completing Probe In NDPS Cases, Requisite Training Be Imparted: Kerala High CourtCase Title: Dayal v. State of Kerala & Anr.Citation: 2023 LiveLaw (Ker) 139Observing that investigating officers and public prosecutors in many cases are showing laxity in properly framing and submitting petitions under Section 36A (4) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the Kerala High Court has asked the Director General of Prosecution and Director General of Police to...

Kerala High Court Annual Digest 2023: NDPS Act

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