Important Judgments On NDPS Act

The Supreme Court of India and various High Courts of the Country have pronounced numerous judgments in the matters related to the Narcotic Drugs and Psychotropic Substances Act, 1985. In this write-up, the important pronouncements are briefly discussed. Union of India through Narcotics Control Bureau, Lucknow v. Md. Nawaz Khan, CriminalAppeal No. 1043 of 2021 A Bench of Justices...

NDPS Act : Are 'Confessional' Statements Given Under Section 67 Admissible In Evidence?

Recently, a Special NDPS Court has rejected the bail application of Aryan Khan by holding that he was in "conscious possession" of the drugs found with Accused No.2- Arbaaz Merchant. The order held that -"in their voluntary statements both of them disclosed that they were possessing said substance for their consumption and for enjoyment. Thus, all these things show that accused no.1 was...

'Conscious Possession' Under NDPS Act: Explained

A Special NDPS Court has recently rejected the bail application of Aryan Khan by holding that even while Narcotics Control Bureau did not recover any drugs in his possession, he would not be entitled to bail as he was in "conscious possession" of the drugs found with Accused No.2- Arbaaz Merchant. The Special judge observed that Khan apparently knew his friend Abaaz Merchant was...

Anti-Defection Law: Explained

The Speaker of the West Bengal Legislative Assembly Mr.Biman Banerjee has approached the Supreme Court against the order of the Kolkata High Court. The Kolkata High Court in its order had, among other things, held that the Speaker must take a decision on the disqualification of Mr.Mukul Roy within 3 months from the date of the order. The following article shall seek to explain...

Explainer: Law On Border Security Force's Enhanced Powers In Border States

The Ministry of Home Affairs recently extended the jurisdiction of the Border Security Force ('BSF) in the states of West Bengal, Assam and Punjab- a move that has invited criticism from the states of Punjab and West Bengal Government for violating the federal structure and infringing the rights of the state police. States have argued that since law and order is a state subject, BSF's...

Indian Law Dealing With Narcotics Drugs (NDPS Act): An Explainer

Recently, Shah Rukh Khan's son Aryan Khan along with seven others were charged with various sections under Narcotic Drugs and Psychotropic Substances Act,1985 (NDPS Act). The following article shall seek to explain the legislative intent behind the law, the offences therein, the punishment prescribed and the provisions for bail etc. The NDPS Act was enacted with the objective...

Insolvency Law In Review- August 2021

A round-up of significant rulings on the Insolvency and Bankruptcy Code, 2016 in the month of August.

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope,Range And Legality – Part - I [Webinar Video And Notes]

An order by a Magistrate for the detention of a person, whether in "police custody" or "judicial custody" under Section 167 (2) Cr. P.C, pre-supposes an "arrest" of such person before such order. The 3 modes of arrest laid down in Section 46 Cr.P.C are – by physically touching the body of the person to be arrested, orby confining the body of the person to be arrested, orby the...

Clause Barring Payment Of Interest Not Hit By Section 28 Contract Act : Supreme Court

The Supreme Court has held that a clause in an agreement barring payment of interest on amounts security deposit, earnest money deposit or any other amount will not be hit by Section 28 of the Contract Act. According to Section 28 of the Indian Contract Act, a contract is void to the extent it restricts absolutely a party from enforcing his rights by usual proceedings in ordinary courts or if...

Specific Performance - 'Readiness' & 'Willingness' Can't Be Proved For First Time Before HC Through Affidavit Without Amending Pleadings : Supreme Court

"Once it is found on appreciation of evidence that there was no willingness on the part of the plaintiff, the plaintiff is not entitled to the decree for specific performance"

Constitution (105th Amendment) Act Deemed To Be In Force From 15th August, 2021; Power To Identify SEBCs Back To State Govts And UTs

The Constitution (One Hundred and Fifth Amendment) Act, 2021 has come into force from 15th August, 2021, a recent notification of the Ministry of Social Justice and Empowerment provides. The 105th Amendment Act which received the assent of the President last month restores the power of the State Governments and Union Territories to identify and specify Socially and Economically...

The Medical Termination of Pregnancy (Amendment) Act, 2021- Progressive But Not Far Enough

The Medical Termination of Pregnancy (Amendment) Act, 2021[1] ('Act') has come into force with effect from 24th September 2021. The Act amends the Medical Termination of Pregnancy Act 1971 ('MTP Act') which regulates the conditions under which medical termination of pregnancy be pursued. The Act inter alia modifies Section 3 of the MTP Act to extend the upper limit for medical termination of pregnancy to 24 weeks, from the present stipulation of 20 weeks, for certain categories of women...