AI Overview...
- Charge under Section 31 of the NDPS Act - Main points and insights:
- Framing a charge under Section 31 of the NDPS Act requires specific mention of the date and place of the previous offence (02700065707).
- Proper compliance with procedural rules, including framing the charge and maintaining the crime register, is essential; failure to do so can lead to acquittal or non-framing of the charge (02700065707).
- In some cases, charges under Section 31 are framed based on prior convictions or offences, especially when seeking enhanced punishment, but procedural adherence remains critical (INDMAD00000095735).
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The framing of charges under Section 31 often depends on evidence of previous offences or convictions, which can influence the severity of the punishment (INDMAD00000095735).
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Requirements and procedural aspects:
- Proper compliance with Sections 55 and 57 of the NDPS Act is crucial; non-compliance can result in acquittal, as seen in cases where the prosecution failed to demonstrate adherence to these provisions (02600015109, 02500072434).
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The process involves filing charge-sheets, framing charges with specific references to relevant sections, and ensuring procedural correctness, including certification and documentation (01400034871).
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Analysis and Conclusion:
- Framing a charge under Section 31 of the NDPS Act is a sensitive procedural matter that hinges on detailed evidence of previous offences and strict compliance with statutory requirements.
- Courts emphasize the importance of following procedural rules, including proper documentation, certification, and adherence to Sections 55 and 57, to uphold the validity of the charge.
- Failure to comply with these procedural safeguards can lead to acquittals or the setting aside of charges, underscoring the need for meticulous procedural adherence when framing charges under Section 31 (02700065707, 02600015109, 02500072434).
Search Results for "Charge has to be Framed under Section 31 of the Ndps Act"
2018 0 Supreme(MP) 597 • India - Madhya Pradesh
J.K.MAHESHWARI, J.P.GUPTA
offence -- charge under section 31 of NDPS Act is required to be framed against him specifying date and place of said previous offence ... Rules and Orders (Criminal) -- Rr. 175 to 179 -- charge under section 31 of NDPS Act not framed -- crime register not extract certified ... charge under section 31 of NDPS....
• India - Uttaranchal
PRAFULLA C. PANT
Fact of the Case: The accused were acquitted from the charge of offences punishable under section 8/20 of Narcotic ... with the provisions of section 55 and 57 of the Narcotic Drugs and Psychotropic Substances Act, as the prosecution failed to show ... Narcotic Drugs and Psychotropic Substances Act - Compliance with Section 55 and 57 - The court acquitted the accused due to non-compliance ... In both the cases after giving nec##H....
2012 0 Supreme(All) 6 • India - Allahabad
PRAFULLA C.PANT
from the charge of offences under the N.D.P.S. ... Act after the trial court found that there was non-compliance with the provisions of section 55 and 57 of the Act. ... of section 55 and 57 of the N.D.P.S. ... In both the cases after giving nec#31;essary copies, the trial court on 09.01.1998, framed charge of offence punishable un#31;der section 8/20 of Narcotic Drugs and Psychotropic Substances ....
2023 0 Supreme(Gau) 1496 • India - Gauhati
ARUN DEV CHOUDHURY
The charge-sheet was filed on 31.05.2023, and charges were framed on 13.09.2023. ... Section 439, 436A - The court discussed the stringent conditions for granting bail under Section 37 of the NDPS Act, emphasizing ... BAIL - Narcotic Drugs and Psychotropic Substances Act - Sections 20(C), 36A, 37, 67; Cr.P.C. ... The charge-sheet was filed on 31.05.2023, #HL_STA....
• India - Bombay
It need not be stated that, in view of the finding as above, the charge framed under Section 31 of the NDPS Act against the present charge no.2 was framed against the present appellant under Section against the accused under Section 20 (b) of the Act is concerned. ... Act, the Additional charge was framed against him under gg....
2022 Supreme(Online)(MAD) 13796 • India - High Court of Madras
HONOURABLE Dr. JUSTICE G.JAYACHANDRAN
31 of NDPS Act, was framed. ... Since there was representation from the Intelligence Officer that A1 was convicted for similar offence earlier and sentenced to undergo 3 years R.I and sought for enhanced punishment for A1 in view of Section 31 of NDPS Act, charge under Section 31 of NDPS Act was framed against A1 and questioned. ... The #HL_ST....
• India - Crimes
RADHE SHYAM SHARMA
Narcotic Drugs and Psychotropic Substances Act, 1985—Section 20B read with Sections 50, 52 and 55—Recovery of Ganja—Conviction—Search ... framed against her. ... was made in house of appellant—Section 50 is not applicable—However, In a prosecution for offence under Section 20 , it is duty ... Section 55 of the Act of 1985 requires the officer-in-charge of police station to take charge of and ke....
2023 0 Supreme(Cal) 517 • India - Calcutta
DEBANGSU BASAK, MD. SHABBAR RASHIDI
Criminal Procedure Code, 1973 – Section 161, 313 – Narcotic Drugs and Psychotropic Substances Act, 1985 ... – Section 20, 29, 50 – Appeal against conviction - Search and seizure – Recovery of charas - Held, Court are convinced that prosecution ... has been able to prove charges levelled against appellants convicts help of convincing evidence judgment of conviction order of ... Accordingly, charges under Section 20(b)(ii)(c)/29 of the Narcotic Drugs and Psych....
2012 0 Supreme(Chh) 41 • India - Chhattisgarh
RADHE SHYAM SHARMA
Section 50(1) of the Act, 1985. ... Narcotic Drugs - Compliance with Sections 42, 50, and 55 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - 42(2), ... 50(1), 55 Fact of the Case: The appellant was convicted under Section 20-B of the Narcotic Drugs and Psychotropic Substances ... Therefore, the appellant is entitled to be acquitted of the charge framed against her. ... 4. Shri M.P.S. ... The appellant is acquitted of ....
2001 0 Supreme(Raj) 1626 • India - Rajasthan
KHEM CHAND SHARMA
(NDPS Act) - Section 8/18 Fact of the Case: The accused was convicted under Section 8/18 of the NDPS Act based on the ... NDPS Act - Conviction under Section 8/18 - Summary of Acts and Sections: Narcotic Drugs and Psychotropic Substances Act, 1985 ... Final Decision: The appeal was allowed, the conviction under Section 8/18 of the NDPS #HL_ST....
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