38.6c New Delhi, India, Thursday, December 12, 2024
Breaking News
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

NDPS ACT - SPOT is not the place of interception, but the place of SEARCH and RECOVERY: MP High Court [Read Order]

By LawStreet News Network      22 February, 2022 11:46 AM      0 Comments
NDPS ACT MP High Court

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 R/w Section 29 Section NDPS Act, delivered this judgement. 

Section 20 NDPS Act 1985, deals primarily with the Punishment for contravention in relation to cannabis plant and cannabis, Section 27(a) NDPS Act 1985, contemplates punishment for financing illicit traffic and harboring offenders, Sections 25, 28 and 29 NDPS Act 1985, deal with punishment for allowing premises etc., to be used for commission of an offence, Punishment for contravention of section 8A and Punishment for abetment and criminal conspiracy respectively.

The prosecution narrative held that the applicants along with other co accused were on their way from Andhra Pradesh to Shahjapur in the car. Upon receiving a lead from some reliable source regarding the enormous quantity of contraband the car was intercepted by the police on a concocted enquiry. The car was then carried to the nearest police station where the necessary search and seizure was done. It was at this spot that an overwhelming quantity of 80.351 kg of Ganja was deduced. This was followed by the necessary paper work and the offences of the applicants and other co accused were framed as per the above mentioned sections of the NDPS Act of 1985. 

The applicants have agreed to being intercepted on the road whereas the search and seizure was done much later in the police station. However they have used this contention as a ground in their bail application stating that all procedures should have been done by the police where the interception was done. The applicants have tried to show this as a lacuna in the polices procedures. The applicants furthered that the police did not destroy the seized stuff. 

The state on the contrary has denied the prevalence of such error and has stated due diligence from their end. The State has also reiterated the exorbitant quantity seized and the criminal backgrounds of few applicants. Thus, the State opined the denial of bail to the applicants. 

The Court while examining the charge sheet was convinced that the state committed no error in destroying the contraband and in seeking the requisite permission from the court before its perusal. The applicants reference to the Mohanlal case was also comprehended and it was held that,

Spot does not mean a place where suspected vehicle or person is intercepted, but it means a place where search is conducted and recovery of articles is made

The Court thus denied bail considering the limitations set forth U/s 37 of Narcotic Drugs and Psychotropic Substances Act, 1985.

Case Title: Kamrudddin vs. Union of India with connected matters.

 

[Read Order]



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

sc-modifies-bail-conditions-for-sisodia-in-liquor-policy-scam-cases
Trending Judiciary
SC modifies bail conditions for Sisodia in liquor policy scam cases

SC relaxes bail conditions for ex-Delhi Deputy CM Manish Sisodia in liquor policy scam cases; weekly appearances before investigating officer waived.

11 December, 2024 04:00 AM
sc-takes-note-of-allahabad-hc-judge-remarks-seeks-details-from-hc
Trending Judiciary
SC takes note of Allahabad HC judge remarks, seeks details from HC

The Supreme Court has sought details from Allahabad HC over Justice Shekhar Kumar Yadav’s controversial remarks during a VHP event, raising judicial ethics concerns.

11 December, 2024 04:26 AM

TOP STORIES

sc-quashes-defamation-case-against-union-min-l-murugan
Trending Judiciary
SC quashes defamation case against Union Min L Murugan [Read Order]

SC quashes defamation case against Union Minister L Murugan over remarks on DMK-affiliated Murasoli Trust’s land, praising trust’s graciousness.

06 December, 2024 11:01 AM
sc-allows-caqm-to-relax-grap-4-curbs
Trending Environment
SC allows CAQM to relax GRAP-4 curbs

SC allows CAQM to relax GRAP-4 curbs in NCR amid improving AQI levels, but mandates retaining some Stage-3 measures under revised Stage-2 actions.

06 December, 2024 04:47 PM
agustawestland-sc-notice-to-cbi-on-bail-plea-of-british-national-christian-michel-james
Trending Judiciary
AgustaWestland: SC notice to CBI on bail plea of British national Christian Michel James

Supreme Court issues notice to CBI on Christian Michel’s bail plea in the Rs 3,600-crore AgustaWestland VVIP Chopper scam. Response sought in 4 weeks.

07 December, 2024 01:41 AM
gyanvapi-mosque-committee-seeks-intervention-in-pleas-against-1991-act
Trending Judiciary
Gyanvapi mosque committee seeks intervention in pleas against 1991 Act

Gyanvapi mosque committee moves SC to intervene in pleas against Places of Worship Act, 1991, citing threats to communal harmony and rule of law.

07 December, 2024 01:55 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email