Tag: NDPS Act

Negotiating with Constitutionality: Retention of the Reverse Onus Clause in Sec. 35 of the NDPS Act

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Nixon in 1968: drug abuse is “public enemy number one.” “In order to fight and defeat this enemy,” he continued, “it is necessary to wage a new, all-out offensive.” With that statement, the “war on drugs” began. John Ehrlichman, a top Nixon aide (1994): The Nixon campaign in 1968, and the Nixon White House after … Continue reading Negotiating with Constitutionality: Retention of the Reverse Onus Clause in Sec. 35 of the NDPS Act

The Three Justices’ Bench decision in Tofan Singh

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-By Abhinav Sekhri This past week, a Three Justices' Bench had rendered its decision in the Tofan Singh reference [Crl. Appeal No. 152 of 2013, decided on 29.10.2020]. To recap, the reference had two questions placed before the Three Justices' Bench:  Whether an officer of the central / state government investigating a case under the … Continue reading The Three Justices’ Bench decision in Tofan Singh

The Constitution Bench Judgment in Mukesh Singh — A Sensible Retreat from Automatic Bias

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By Abhinav Sekhri On 31.08.2020, a Constitution Bench of the Supreme Court delivered its unanimous verdict in Mukesh Singh v. State (Narcotic Branch of Delhi) [SLP (Crl.) Diary No. 39528/2018 decided on 31.08.2020, along with other batch matters]. The Constitution Bench had been assembled to decide on the correctness of a Three Justices' Bench decision of … Continue reading The Constitution Bench Judgment in Mukesh Singh — A Sensible Retreat from Automatic Bias

The Tofan Singh Reference — Part 4: Summing Up

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By Abhinav Sekhri (This is the fourth part of a multi-part series. Previous posts discussing Tofan Singh can be accessed here) The 2013 judgment by Two Justices' in Tofan Singh v. State of Tamil Nadu [(2013) 16 SCC 31 ("Tofan Singh")] had referred two interlinked issues arising under the Narcotic Drugs & Psychotropic Substances Act 1985 ("NDPS") … Continue reading The Tofan Singh Reference — Part 4: Summing Up

The Tofan Singh Reference — Part 3: Statements under Section 67 NDPS Act

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By Abhinav Sekhri The previous two posts in this series have discussed the facts in Tofan Singh, the relevant statutory provisions of the Narcotic Drugs and Psychotropic Substances Act 1985 [NDPS] and the Criminal Procedure Code 1973 [Cr.P.C.], and also the first proper issue posed in the reference: Whether officers of the central and / … Continue reading The Tofan Singh Reference — Part 3: Statements under Section 67 NDPS Act

The Tofan Singh Reference — Part 2: NDPS Investigating Officers are Police Officers?

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By Abhinav Sekhri, Shashwat Bhutani and Rishabh Narain Singh This blog has introduced the scope of the reference in Tofan Singh and the statutory context of the NDPS Act. Which means that we can straightaway jump in to discuss the first question: Whether an officer who investigates a case under the NDPS Act is a "police officer", … Continue reading The Tofan Singh Reference — Part 2: NDPS Investigating Officers are Police Officers?

The Tofan Singh Reference — Part 1: Some Key Questions of Fact, and the Scheme of the NDPS Act

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By Abhinav Sekhri In this first substantive post, the focus is on getting the facts straight. The legal issues that are bound to be raised turn on some very specific facts, and so it is critical to be sure of just what had happened in Tofan Singh. After having set out the facts, the post … Continue reading The Tofan Singh Reference — Part 1: Some Key Questions of Fact, and the Scheme of the NDPS Act

Death Penalty under Section 31A of NDPS Act, 1985.

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By Mehar Kaur Arora No individual has the right to take the life of another unless done in accordance with the due process of law and in the best interest of the general public. The Narcotic Drugs and Psychotropic Substances, Act, 1985 (NDPS Act) has been criticised heavily for its stringent punishments, including that of … Continue reading Death Penalty under Section 31A of NDPS Act, 1985.

Whether Section 37 of NDPS Act Renders the Provision of Anticipatory Bail Infructuous

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By Nayan Grover Narcotics Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) is a Sue Generis Code and thus anything provided in this act will prevail over the general law. The offences under the NDPS Act are considered to be of more serious nature than usual and also viewed with more scrutiny by the courts. … Continue reading Whether Section 37 of NDPS Act Renders the Provision of Anticipatory Bail Infructuous

There are No Right Answers: The Supreme Court and the Purity / Mixture Debate under the NDPS Act

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By Abhinav Sekhri On April 22, 2020, a Three Justices' Bench of the Supreme Court decided a reference made to it in Hira Singh [Crl. Appeal No. 722 of 2017, decided on 22.04.2020]. The primary issue before the Court was the correctness an earlier decision by a Two Justices' Bench of the Supreme Court, E. Micheal Raj v. Intelligence Officer [(2008) … Continue reading There are No Right Answers: The Supreme Court and the Purity / Mixture Debate under the NDPS Act