27 May

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NDPS Quantity Determination & Problem of Neutral Substances

Posted by lexel

Quantity Determination under the NDPS Act: Mixture Theory, Procedural Safeguards and Scientific Challenges NDPS (Narcotic Drugs and Psychotropic Substances) Act, 1985 is one of the stricter laws of India. It has the strictest punishment where the sentence of an accused is determined on the quantity of the contraband recovered from the accused during investigation, and also has the strictest conditions for bail under sec 37 of the Act. Chapter IV of the act deals with offences and penalties. When looked at the section dealing with the sentences for the offence, one would notice that the sentence depends on the quantity of the drug. Drugs are categorized as "small...

04 March

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Disclosure Statements and Charges under NDPS Act

Posted by lexel

in Criminal Law, High Court, Judgments

Charge Framing upon Disclosure Statement under Section 29 of the NDPS Act not sustainable in absence of Material Evidence Usually, it is seen that the prosecution in order to falsely implicate the accused, without any evidence, relies solely on the disclosure statements of other accused. These disclosure statements are involuntary and are recorded by the police from the other accused when they are in custody and therefore the element of coercion and undue influence always prevail in such disclosure statements which challenge the very authenticity of such statements. The police during investigation makes these disclosure statements as the basis for the...

04 January

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Understanding Bails in Murder Cases

Posted by lexel

in Criminal Law, High Court, Judgments

Understanding Bails in Murder Cases In a criminal case specifically during consideration of bails in murder cases under Section 302 IPC, evidence placed on record is of foundational importance. In a matter pertaining to bail in a murder case based on circumstantial evidence, the main contention which can lead a judge to exercise discretionary power and grant the concession of regular bail is an incomplete chain of events and allegation based upon conjectures and suspicion with no material corroborating evidence to establish a prima facie case against the accused. In other words absence of facts which can be proved as a...

25 May

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Understanding Sec. 37 of the NDPS Act & powers of High Court to grant Bail in NDPS Cases

Posted by lexel

in Criminal Law, High Court, Judgments

Understanding Sec. 37 of the NDPS Act & powers of High Court to grant Bail in NDPS Cases: Drugs-related NDPS cases are dealt under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The law makes cultivation, consumption, abating consumption, sale or transaction of narcotic drugs and psychotropic substances listed under the NDPS Act as crime. A perusal of Sec. 37 of NDPS Act shows that it starts with a non-obstante clause stating that: Notwithstanding anything contained in the Code of Criminal Procedure, 1973 no person accused of an offence prescribed therein shall be released on Bail unless the conditions contained therein were...

28 January

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A Glimpse of Inter-State Arrest

Posted by Deeksha Arora

in Criminal Law, Legal Updates

Introduction Although this form of investigation or arrest is constitutionally unlawful, it occurs when authorities from one state arrest the accused or perpetrator in another state. A police officer can only arrest or investigate someone who is within their state's borders. For example, if someone commits a crime in Delhi and is vested in Delhi, only Delhi police, not police from other states, have the jurisdiction to arrest that offender. To arrest an accused from another state, a state's police force must communicate with the police force of the state where the accused is located, which has the right to act...

13 July

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Jail Inmates also entitled to Right to Life

Posted by lexel

in Criminal Law, High Court, Judgments, Legal Updates

Right to life is guaranteed to all including the Jail inmates. As remarkably stated in a white paper published by the British Government titled “People in Prison” that if a society wants to judge its quality of belief in the worth of individual beings, it should see its prison and probation services and the resources made available to them. In a democratic country like India where rights of its citizen is one of the most important part of the system, also thrives to ensure that each and every individual is guaranteed his fundamental right to life. In a recent judgment the Punjab...

22 April

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Supreme Court – Trial cannot be quashed for investigation of SC-ST offences by incompetent Police Officer

Posted by lexel

in Criminal Law, Supreme Court

The Supreme Court in a noteworthy case of State of Madhya Pradesh Vs Babbu Rathore & Anr has observed that, when the offence complained is both under Indian Penal Code and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the investigation which is being made by a competent police officer in accordance with the provisions of the Criminal Procedure Code cannot be quashed for non-investigation of the offence under Section 3 of the Act by a competent police officer....