Supreme Court Annual Digest 2022- NDPS Act

Narcotic Drugs and Psychotropic Substances Act, 1985 - Appeal against HC judgment upholding conviction of appellant under NDPS Act - Dismissed. Sukhdev Singh v. State of Punjab, 2022 LiveLaw (SC) 245 Narcotic Drugs and Psychotropic Substances Act, 1985 - The physical nature of the material is not relevant for determining whether the contents of the sample analyzed were actually opium or not, and physical analysis is not prescribed under the provisions of the NDPS Act for testing the opium. Sukhdev Singh v. State of Punjab, 2022 LiveLaw (SC) 245 Independent Witness Narcotic Drugs and Psychotropic Substances Act, 1985 - Independent Witness - Independent witnesses turning hostile need not necessarily result in the acquittal of the accused, when the mandatory procedure is followed and the other police witnesses speak in one voice - But if the Court has (i) to completely disregard the lack of corroboration of the testimony of police witnesses by independent witnesses; and (ii) to turn a Nelson's eye to the independent witnesses turning hostile, then the story of the prosecution should be very convincing and the testimony of the official witnesses notably trustworthy - If independent witnesses come up with a story which creates a gaping hole in the prosecution theory, about the very search and seizure, then the case of the prosecution should collapse like a pack of cards - Corroboration by independent witnesses is not always necessary. But once the prosecution comes up with a story that the search and seizure was conducted in the presence of independent witnesses and they also choose to examine them before Court, then the Court has to see whether the version of the independent witnesses who turned hostile is unbelievable and whether there is a possibility that they have become turncoats. (Para 18) Sanjeet Kumar Singh @ Munna Kumar Singh v. State of Chhattisgarh, 2022 LiveLaw (SC) 724 : AIR 2022 SC 4051 Section 2(xvii) - “opium poppy” Narcotic Drugs and Psychotropic Substances Act, 1985; Section 2(xvii) - Once it is found that the seized material contain 'morphine' and 'meconic acid' it is sufficient to establish that the seized material comes within the definition of Section 2(xvii) of the NDPS Act (opium poppy). State of Himachal Pradesh v. Angejo Devi, 2022 LiveLaw (SC) 990 Section 15 - Punishment for contravention in relation to poppy straw Narcotic Drugs and Psychotropic Substances Act, 1985; Section 15 - Once a Chemical Examiner establishes that the seized 'poppy straw' indicates a positive test for the contents of 'morphine' and 'meconic acid', it is sufficient to establish that it is covered by subclause (a) of Clause (xvii) of Section 2 of the 1985 Act and no further test would be necessary for establishing that the seized material is a part of 'papaver somniferum L'. In other words, once it is established that the seized 'poppy straw' tests positive for the contents of 'morphine' and 'meconic acid', no other test would be necessary for bringing home the guilt of the accused under the provisions of Section 15 of the 1985 Act. (Para 91) State of Himachal Pradesh v. Nirmal Kaur @ Nimmo, 2022 LiveLaw (SC) 866 Narcotic Drugs and Psychotropic Substances Act, 1985; Section 15 - For bringing home the guilt of the accused, it will be necessary to establish that the seized material collected is any part of 'opium poppy' except the seeds. (Para 29) State of Himachal Pradesh v. Nirmal Kaur @ Nimmo, 2022 LiveLaw (SC) 866 Section 20 - Punishment for contravention in relation to cannabis plant and cannabis Narcotic Drugs and Psychotropic Substances Act, 1985; Section 20 - Supreme Court sets aside conviction - gives benefit of doubt after noting gaps in the prosecution case - arrest memo, body search memo not proved - site plan wrongly prepared - no independent witnesses. Amar Chand v. State of Himachal Pradesh, 2022 LiveLaw (SC) 1002 Section 21 - Punishment for contravention in relation to manufactured drugs and preparations Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 21 - The quantity of the neutral substance is not to be excluded and to be taken into consideration along with the actual content of the weight of the offending drug while determining small and commercial quantities. State of Himachal Pradesh v. Karuna Shanker Puri, 2022 LiveLaw (SC) 173 Narcotic Drugs and Psychotropic Substances Act, 1985; Section 21 - The quantity of neutral substance(s) is not to be excluded and to be taken into consideration along with actual content by weight of the offending drug, while determining the "small or commercial quantity" of the Narcotic Drugs or Psychotropic Substances. Intelligence Officer, Thiruvananthapuram v. K.K. Naushad, 2022 LiveLaw (SC) 978 Section 27A - Punishment for financing illicit traffic and harbouring offenders Narcotic Drugs and Psychotropic Substances Act, 1985; Sections 27A,...

Supreme Court Annual Digest 2022- NDPS Act

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Supreme Court Annual Digest 2022- NDPS Act

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