Supreme Court Annual Digest 2023- NDPS Act

Narcotic Drugs and Psychotropic Substances Act, 1985 - Conditions for personal search as specified in Section 50 of the NDPS Act are applicable only for the search of the physical body of the person and not for the search of any bag carried by the person. (Para 125) 2023 LiveLaw (SC) 856Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction liable to be set aside if samples weren't drawn in magistrate's presence as per Section 52A. 2023 LiveLaw (SC) 570Narcotic Drugs and Psychotropic Substances Act, 1985 - Definition of "ganja" under the Act does not include ganja seeds - Ganja seeds not a banned contraband. 2023 LiveLaw (SC) 354Narcotic Drugs and Psychotropic Substances Act, 1985 - In case of prolonged incarceration, liberty will override embargo under Section 37: Supreme Court grants bail. 2023 LiveLaw (SC) 533Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 50 of the NDPS Act envisions certain requirements for conducting searches, which include the right of the person to be searched to have the search conducted in the presence of a Gazetted Officer or Magistrate if they so desire. The police officer has the obligation to inform the person of this right before proceeding with the search. If the person declines to exercise this right, the search can proceed, but a written statement should be taken from the person indicating their choice. The communication of this right should be clear, either orally or in writing, and should provide only two options: a Gazetted Officer or a Magistrate, who must be independent and not connected to the raiding party. Each person to be searched in a group must be individually informed of their right. If the right is exercised, the police officer can choose whether to take the suspect before a Gazetted Officer or Magistrate, with an endeavor to take them before the nearest Magistrate. Section 50 applies exclusively to searches under the NDPS Act and does not apply to searches conducted under any other statute. In cases where contraband under the NDPS Act is discovered during a search under another statute, the NDPS Act provisions come into effect, even if Section 50 compliance was not required. The burden of proving compliance with Section 50 rests on the prosecution, and any incriminating contraband recovered in violation of Section 50 is inadmissible but does not vitiate the trial, while other articles recovered may be used in separate proceedings. (Para 64) 2023 LiveLaw (SC) 856Narcotic Drugs and Psychotropic Substances Act, 1985 - Law does not require only an independent witness to prove a charge attracting the provisions of NDPS Act. (Para 7) 2023 LiveLaw (SC) 990Narcotic Drugs and Psychotropic Substances Act, 1985; Section 37 - In case of prolonged incarceration, conditional liberty will override the statutory embargo under Section 37 of the Act. Prolonged incarceration is against fundamental right guaranteed under Article 21, ie, protection of life and personal liberty. (Para 4) 2023 LiveLaw (SC) 533Narcotic Drugs and Psychotropic Substances Act, 1985; Section 37 – Effect of delay in trial – Grant of bail on ground of undue delay in trial not fettered by Section 37 – Imperative of Section 436A of Code of Criminal Procedure Act – Requires inter alia the accused to be enlarged on bail if the trial is not concluded within specified periods – Applicable to offences under the NDPS Act – Held, special conditions as enacted under Section 37 can only be considered within constitutional parameters when the court is reasonably satisfied on a prima facie look at the material on record that the accused is not guilty – A plain and literal would effectively exclude grant of bail altogether - Further held, appellant deserves to be enlarged on bail – Appeal allowed. 2023 LiveLaw (SC) 260Narcotic Drugs and Psychotropic Substances Act, 1985; Section 50 - Accused were not informed about their right to be searched before a Magistrate or a Gazetted officer - There was a violation of the safeguard provided by Section 50 of the NDPS Act - Conviction cannot be sustained. 2023 LiveLaw (SC) 724Narcotic Drugs and Psychotropic Substances Act, 1985; Section 52A – Disposal of seized narcotic drugs and psychotropic substances - In the absence of any material on record to establish that the samples of the seized contraband were drawn in the presence of the Magistrate and that the inventory of the seized contraband was duly certified by the Magistrate, it is apparent that the said seized contraband and the samples drawn therefrom would not be a valid piece of primary evidence in the trial. Once there is no primary evidence available, the trial as a whole stand vitiated. (Para 16) 2023 LiveLaw (SC) 890Narcotic Drugs and Psychotropic Substances Act, 1985; Section 52A – Disposal of seized narcotic drugs and psychotropic substances - No evidence has also been brought on record that the samples were drawn in the presence of the Magistrate and the list of the samples so drawn were...

Supreme Court Annual Digest 2023- NDPS Act

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