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Supreme Court Tag

NDPS Quantity Determination & Problem of Neutral Substances

NDPS Act

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...

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Justice Delayed is Justice Denied: Cheque Bounce cases under Sec.138 N.I. Act

Cheque Bounce Advocate Chandigarh

A 5-judge Constitution Bench of the Hon’ble Supreme Court of India in a Sou Motu petition has recommended amendments in Section 138 of the Negotiable Instruments Act, 1881 and issued several other guidelines in order to make the Act more efficient in disposing of the cases of dishonor of cheque in a speedy manner since there has been a huge backlog of cases on the matter pending for disposal which is raising questions on the efficacy of the existing laws. The learned Amici Curiae as appointed by the Apex Court in its preliminary report submitted that total number of criminal cases...

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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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