The Delhi High Court issued a notification to the Centre on a petition challenging 2 notifications expanding the definition of drugs under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
The petition by one Rajeev TM argued that the Centre issued two notifications, in 2001 and 2009, under Sections 2 (viia) and 2 (xxiiia) of the NDPS Act, effectively creating a new category of offence by penalising the preparation of a drug at par with the drug itself.
The notifications seek to classify a new category of drug users based on the total weight of the drug (including the weight of neutral material) and not on the weight of the pure drug content which should have been the correct indicator of whether a quantity is a commercial quantity or small quantity intended for personal consumption.
The petitioner contended that the NDPS Act requires only the pure narcotic drugs/psychotropic substances to be considered for determining quantities, and therefore the notifications are wrong.
The notifications violate Articles 14 and 21 of the Constitution, and have been issued by the government more than the conferred authority while being ultra vires of the NDPS Act, and should thus be quashed, it was prayed.
Supreme Court to hear plea by SAD Leader Bikram Singh Majithia against quashing of FIR’s registered against him in NDPS Case
Judiciary
Apr 04, 2022
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Supreme Court to hear plea by SAD Leader Bikram Singh Majithia against quashing of FIR’s registered against him in NDPS CaseSibal: This is a matter where there are 3 statements of accused taken by ED.Kant J: There is detailed reference to writ pending in HC, the then DGP who passed the order directing for registration of FIR and there are Punj and Haryana HC order, they were passed by my bench.Kant J: If you have slightest doubt, I can....Sibal: We have no problem.DYC J: Mr Sibal, can we take...
NDPS ACT - SPOT is not the place of interception, but the place of SEARCH and RECOVERY: MP High Court [Read Order]
Judiciary
Feb 22, 2022
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Editor: Mrinalini Dayal
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The search and seizure procedures of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act,1985 ) matters have recently come to light as the Madhya Pradesh High Court held that “spot” would not constitute a place where any contemplated vehicle or person is intercepted but that place where such search is conducted and recovery of articles resultantly are made. Justice Sanjay Dwivedi while dismissing the bail application put forth by the applicants charged U/s 8/20,25, 27(a)/28...
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