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Criminal Law

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

Narcotic Drugs

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...

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A Glimpse of Inter-State Arrest

Bail

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...

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Jail Inmates also entitled to Right to Life

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...

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

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....

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