Digest of Supreme Court on Narcotics and Drugs Laws provides a comprehensive and systematic compilation of important rulings delivered by the Hon’ble Supreme Court of India concerning the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) and related legislation. It is an indispensable reference for legal practitioners, judges, enforcement agencies, academicians, and students, offering insights into judicial reasoning on crucial issues like possession, search and seizure, bail, evidentiary standards, procedural safeguards, and sentencing.
The digest categorizes judgments thematically for easy navigation and includes:
Case summaries with citations
Headnotes highlighting legal principles
Analysis of landmark decisions
Cross-references to relevant statutory provisions
This digest aids in understanding the evolving jurisprudence around narcotics control and helps ensure adherence to constitutional safeguards while enforcing stringent drug laws.
Definitions under the NDPS Act
Search and seizure procedures (Sections 42, 43, 50)
Bail and pre-trial detention (Section 37)
Confessions and evidentiary value (Section 67)
Commercial quantity vs. small quantity distinctions
Sentencing and minimum punishments
Procedural lapses and their consequences
Rights of the accused and fair trial
Role of investigating agencies
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Overview of the NDPS Act, 1985
Object and Scope of the Legislation
Constitutional Validity and Principles
Definition of ‘Narcotic Drug’ and ‘Psychotropic Substance’
Meaning of ‘Possession’, ‘Conscious Possession’, and ‘Custody’
Commercial Quantity vs. Small Quantity
Illicit Traffic and Abetment
Search and Seizure under Section 42 & Section 43
Search of Person under Section 50 – Compliance and Consequences
Recovery from Vehicles and Public Places
Role and Powers of Officers under the NDPS Act
Voluntary Confessions under Section 67
Admissibility and Evidentiary Value of Statements
Retracted Confessions – Legal Position
Bail under Section 37 – Stringent Conditions
Grounds for Grant or Rejection of Bail
Sentencing Guidelines and Judicial Discretion
Provisions for Lesser Punishment under Section 27A, 32B, and Plea Bargaining
Presumption of Culpable Mental State – Section 35 & 54
Burden of Proof – Shifting Presumptions
Compliance with Procedural Safeguards – Impact on Fair Trial
Role of Panch Witnesses and Independent Evidence
Juveniles and Women under the NDPS Act
Confiscation and Forfeiture of Property
Double Jeopardy and Parallel Proceedings
International Treaties and Obligations
Important Supreme Court Decisions – Case-wise Digest
State of Punjab v. Baldev Singh
Tofan Singh v. State of Tamil Nadu
Union of India v. Shah Alam
State of Rajasthan v. Parmanand
Mohd. Sahabuddin v. State of Assam
(And many others with brief summaries and citations)
Appendix A: Full Text of the NDPS Act, 1985
Appendix B: Relevant Notifications and Amendments
Appendix C: Comparative Table of Punishments (Pre and Post Amendments)
Appendix D: Guidelines by Narcotics Control Bureau (NCB)
| Rahul Kandharkar Digest of Supreme Court on Narcotics and Drugs Laws |
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