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Ubaid. A. M. VS State of Kerala - Crimes
"].Ubaid. A. M. VS State of Kerala - Crimes
"], ["2023 0 Supreme(P&H) 1923"].Ubaid. A. M. VS State of Kerala - Crimes
"].Analysis and Conclusion:The statutory period for filing a charge sheet under Section 22(B) of the NDPS Act is generally 180 days from arrest. However, this period can be extended up to one year if the prosecution files a proper report under Section 36A(4) and records valid reasons. Delays beyond this period without compliance with legal procedures can invalidate proceedings and impact bail and trial rights. No life imprisonment is prescribed for offences under Section 22(B), and courts have emphasized adherence to procedural safeguards to ensure justice.References:- 2022 Supreme(Online)(Chh) 1635- 2025 Supreme(Online)(Ker) 56607- 2023 0 Supreme(Del) 4651- 2022 0 Supreme(Gau) 1259- 2022 0 Supreme(Gau) 1392- 2024 0 Supreme(Raj) 799- 2022 0 Supreme(Ker) 815-
Ubaid. A. M. VS State of Kerala - Crimes
- 2023 0 Supreme(P&H) 2879- 2023 0 Supreme(P&H) 1923
In the complex landscape of India's drug laws, offenses under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, carry strict penalties and procedural safeguards. One common query arises: Whether the Statutory Period of 22 B Ndps applies, particularly regarding detention and investigation timelines for cases involving psychotropic substances in quantities greater than small but less than commercial. This blog post breaks down the legal framework, timelines, and rights to bail, drawing from key judicial precedents and statutory provisions. Note that this is general information and not specific legal advice—consult a qualified lawyer for your situation.
Section 22(b) of the NDPS Act punishes contravention related to psychotropic substances where the quantity is more than small but less than commercial. The maximum punishment is typically up to 10 years' rigorous imprisonment and a fine. 2020 0 Supreme(All) 438
The investigation period for such offenses is governed by Section 36A(4) of the NDPS Act, which modifies Section 167(2) of the Code of Criminal Procedure (Cr.P.C.). Generally, under Cr.P.C., investigations for offenses punishable with less than 10 years take 60 days, and 90 days for 10 years or more. However, NDPS overrides this: for specified offenses, including those under Section 22 involving mid-level quantities, the period is 180 days from the date of remand (not arrest). 2025 0 Supreme(Mad) 4204 1996 0 Supreme(Ori) 366
This extension aims to allow thorough probes into drug networks but is not unlimited. The period starts from the Magistrate's remand order, and delays in producing the accused within 24 hours of arrest can render detention unlawful. 1996 0 Supreme(Ori) 366 2025 0 Supreme(Mad) 4204
The Supreme Court has emphasized that procedural irregularities, like delays in filing reports, don't automatically grant bail unless they violate statutory timelines without compliance. 1996 0 Supreme(Ori) 366
A cornerstone protection is default bail when investigations overrun. As held in key judgments, if no extension is sought or granted properly prior to expiry, detention becomes illegal. 1996 0 Supreme(Ori) 366
Recent cases reinforce this under updated laws like the Bharatiya Nagarik Suraksha Sanhita (BNSS). In one matter, the court granted statutory bail under Section 187(3) BNSS for a Section 22(b) NDPS case involving MDMA possession, noting the maximum punishment of 10 years triggers the provision. The court interpreted 'for a term of 10 years or more' favorably to the accused, stating ambiguity in penal statutes must benefit the liberty of the individual. 2025 0 Supreme(Ker) 110
Antecedents alone cannot deny bail; courts must consider timelines strictly. Bail conditions may include cooperating with investigations and travel restrictions. 2025 0 Supreme(Ker) 110
Landmark rulings provide clarity:
In another context, mere possession of small quantities under Section 22(b), like 6906 grams of Methamphetamine (deemed small), doesn't qualify as 'anti-social activity' for preventive detention without commercial intent. 2024 0 Supreme(Ker) 1225
While timelines are firm, exceptions exist:
Failure to furnish detention dossiers timely also vitiates orders, protecting due process. 2021 0 Supreme(Gau) 498
Parole considerations in NDPS convictions under Section 22(c) highlight broader rights—marriage qualifies as 'sufficient cause' under prison rules, not just emergencies. 2021 0 Supreme(Bom) 1179
In NDPS cases, especially Section 22(b), timelines balance public safety with liberty.
Under Section 22(b) NDPS, the statutory investigation period is initially 180 days, extendable to one year with strict procedural adherence. Exceeding this without compliance triggers indefeasible default bail. Judgments like those in 1996 0 Supreme(Ori) 366 and 2025 0 Supreme(Mad) 4204 underscore that delays must follow due process, while related cases affirm bail entitlements even under new laws like BNSS. 2025 0 Supreme(Ker) 110
Staying informed on these provisions can safeguard rights amid stringent drug laws. Always seek professional legal counsel for case-specific guidance, as outcomes depend on facts and jurisdiction.
References:1. 1996 0 Supreme(Ori) 366: Statutory period and bail rights.2. 2025 0 Supreme(Mad) 4204: Extensions and default bail.3. 2021 0 Supreme(Mad) 2890: Procedural compliance.4. 2020 0 Supreme(All) 438: Section 22(b) scope.5. 2025 0 Supreme(Ker) 110: BNSS bail in NDPS.6. 2024 0 Supreme(Ker) 1225: Small quantity limits.7. 2021 0 Supreme(Gau) 498: Detention delays.8. 2021 0 Supreme(Bom) 1179: Parole in NDPS.9. 2020 0 Supreme(Ker) 1082: Search compliance.
#NDPSAct, #StatutoryBail, #NDPSSection22b
The petitioners were charged for offence punishable under S.22(B) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act'). ... To decide the controversy raised in this case it is necessary to have a look to provision of S.22(B) of NDPS Act 1985 which is extracted below. ... Learned counsel for State opposing the bail application would submit that for submiss....
Sections 29 , 20(b)(ii)(C), 25, 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS' Act'). 3. ... Every person, detained or arrested, is entitled to speedy trial, the question is whether the same is possible in the present case. There are seventeen accused persons. ... The trial may take considerable time and it looks to us that the appellants, who are in jail, have to remain in jail lon....
A period of 51 days, by no stretch of imagination, can be called a reasonable period for filing an application under section 52A NDPS for drawing the sample. ... In the present case, the application for drawing of sample and certification of seizure memo under section 52A NDPS was filed on 22.04.2022 i.e., after 51 days from the period of last seizure on 02.03.2022. 30. ... The applicati....
Act, 1985 (“NDPS Act” for short) to extend the period of investigation by 2 (two) months beyond 180 days. ... Therefore, on a rough calculation, the period of 180 days would be over on 03.08.2022. Thus, on 22.07.2022, when the impugned order was passed, the said period of 180 days as contemplated under Section 36 of NDPS Act to complete the investigation was not over. ... Chonghoi Haokip....
Act, 1985 ('NDPS Act' for short) to extend the period of investigation by 2 (two) months beyond 180 days. ... Therefore, on a rough calculation, the period of 180 days would be over on 03.08.2022. Thus, on 22.07.2022, when the impugned order was passed, the said period of 180 days as contemplated under Section 36 of NDPS Act to complete the investigation was not over. ... Chonghoi Haokip....
Ostensibly, no such task has been undertaken in this case and thus, it would be a serious question of law as to whether the FSL report of the samples taken from the spot can be treated as a decisive piece of evidence to substantiate the charge so as to punish him under the NDPS Act. ... 52-A of NDPS Act has not been made. ... The relevant paragraph of the above judgment is reproduced as under:- “22. ... Section 76 of the #....
The petitioner herein is the sole accused in the above crime, where he alleged to have committed offences punishable under Section 22(b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as ‘the NDPS Act’ for convenience). ... period of 180 days, upto a period of one year. ... Before filing the statutory bail plea at the instance of the accused, the lea....
The petitioner herein is the sole accused in the above crime, where he alleged to have committed offences punishable under Section 22(b) read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as ‘the NDPS Act’ for convenience). ... period of 180 days, upto a period of one year. ... Before filing the statutory bail plea at the instance of the accused, the lea....
Sections 22 (C) of the NDPS Act, 1985 at Police Station City Lambi, District Sri Muktsar Sahib. Section 37 of the NDPS Act, 1985 were also mentioned in the same and the bail was granted primarily by considering the petitioner (therein) had undergone custody for a period of 01 year and 07 months and only one witness had been examined and that the petitioner (therein) did not ... A perusal of the above-said order would sho....
Section 22 and 25 of the NDPS Act, Police Station City-2, Khanna, wherein, he was arrested on the same day i.e. 27.02.2021. ... The prosecution having failed to submit challan within the period of 180 days moved an application for seeking extension of time before the Court concerned invoking Sub-Section 4 to Section 36 -A of the NDPS Act, 1985. ... A perusal of sub-Section 4 to Section 36A of NDPS Act, s....
“22. Punishment for contravention in relation to psychotropic substances- Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any psychotropic substance shall be punishable, - 6. The Public Prosecutor opposed the bail application and submitted that the petitioner is not entitled to statutory bail under Section 187(3) of....
5 Excise Enforcement & Anti Narcotic Special Squad NDPS 03/2023 U/s. 22(b) & 25 of NDPS Act, 1985 27.01.2023 Under Investigation 5 Excise Enforcement & Anti Narcotic Special Squad NDPS 03/2023 U/s. 22(b) & 25 of NDPS Act, 1985 27.01.2023 Under Investigation 6906 grams of Methamphetamine, which is considered a small quantity. According to the learned counsel, the offence does not meet the definition of ‘anti-social activity’ under Section 2....
4. Bharalumukh PS Case No. 435/2021 U/S 22(b) NDPS Act. 4. Bharalumukh PS Case No. 435/2021 U/S 22(b) NDPS Act. Whereas it also appears from the police report that during investigation the seized particulars suspected to be heroin in respect of Latasil PS Case No. 3. Panbazar PS Case No. 656/2020 U/S 22(b)/25/27/27(a)/29 NDPS Act, 1985. 3. Panbazar PS Case No. 656/2020 U/S 22(b)/25/27/27(a)/29 NDPS Act, 1985. 124/2016 U/S 21(C)/28 NDPS Act, 1985 and Bharalum....
4. The convict is suffering sentence under Section 22(c), 21(b) and 20(b) (ii) (B) of the NDPS Act. The reason for rejection of parole is that it does not fulfill the requirement of Rule 324of the Goa Prison Rules, 2006.
5. The point for consideration in this case is whether the accused committed the offence under Section 22(b) of the NDPS Act. The court framed charge under Section 22(b) of the NDPS Act. The final report was filed under Section 22 (c) of the NDPS Act.
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