AI Overview...
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Section 36-A(1)(B) of the NDPS Act - Grants magistrates the authority to remand an accused initially for 15 days; beyond this period, further remand requires special courts once they are constituted. The magistrate's power to grant remand beyond 15 days is limited until such courts are established, and subsequent remands are to be handled by these courts Harbans Singh Alias Lovely VS State Of Punjab - Punjab and Haryana.
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Interpretation of Section 36-A(1)(D) - Arrests by authorized officers under this section are governed by specific procedural provisions, emphasizing the scope and authority of officers under the NDPS Act, with the interpretation clarified through judicial pronouncements DEVID BERTRAND VS NARCOTIC CENTRAL BUREAU - Himachal Pradesh.
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Remand procedures under Section 36-A(1)(B) - The words from time to time in Section 167(2) of CrPC are read into Section 36-A(1)(B), allowing the magistrate to extend remand until investigation completion, but actual remand beyond initial 15 days is to be managed by designated special courts once established Janta Singh VS State Of Punjab - Punjab and Haryana.
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Legal remedies and procedural safeguards - The law permits aggrieved persons to seek remedies under Sections 36, 193, 209, and 167(2) of CrPC, emphasizing the importance of following proper procedural channels for FIR registration and remand extensions PREMWATI VS STATE OF U. P. - Allahabad.
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Appointment of Public Prosecutor - The appointment process involves the Central or State Government consulting with the High Court, ensuring impartiality and adherence to statutory provisions STATE OF GUJARAT VS PRAKASHBHAI LALJIBHAI SHAH - Gujarat.
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Bail and remand in NDPS cases - Cases involving small quantities or less than three years' imprisonment are generally bailable; however, for cases involving commercial quantities under NDPS, bail considerations are governed by specific provisions, including extensions under CrPC and NDPS rules E. Mallaiah VS State Of A. P. - Andhra Pradesh, State of Kerala VS Sreebabu - Kerala.
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Investigation and jurisdiction - Under Section 36 of CrPC and Section 18(1) of the Police Act, authorities can direct officers from different jurisdictions to conduct investigations, ensuring effective enforcement even beyond territorial limits State of Kerala VS P. B. Sourabhan - Crimes.
Analysis and Conclusion
Section 36-A(1)(B) of the NDPS Act primarily limits magistrate's remand powers to an initial 15 days, with subsequent remands to be handled by special courts once constituted. The law emphasizes procedural safeguards, judicial oversight, and clear delineation of authority, especially concerning remand extensions and investigation procedures. Judicial interpretations reinforce that remand beyond 15 days requires specialized courts and that procedural remedies are available for affected parties. Overall, the provisions aim to balance effective enforcement with safeguarding individual rights within the framework of the NDPS Act and CrPC.
Search Results for "Criminal Procedure Code s 36 a 1 B"
1998 0 Supreme(P&H) 726 • India - Punjab and Haryana
SAROJNEI SAKSENA
CRIMINAL PROCEDURE CODE - SECTION 36-A(1)(B) - NDPS ACT - SECTION 36-A(1)(C) AND (D) - BAIL - MAGISTRATE'S POWER TO GRANT REMAND ... Issues: 1. Whether the Magistrate had the power to grant remand beyond 15 days under Section 36-A(1)(b) of the NDPS Act? ... , after the initial remand of 15 days by a Magistrate under Section 36-A(1)(b) of the Act, further remand is to be granted by the ... Sub-section (1#....
1998 0 Supreme(HP) 213 • India - Himachal Pradesh
D.RAJU, LOKESHWAR SINGH PANTA
154, CODE OF CRIMINAL PROCEDURE - SECTION 36-A(1)(D), NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT - INTERPRETATION. ... arrested by an authorized officer of Narcotic Control Bureau in compliance of Section 36-A(1)(d) of the Act. ... arrested by an authorized officer of Narcotic Control Bureau in compliance of Section 36-A(1)(d) of the Act. ... But die issue is placed beyond die shadow of doubt by sub-section (1) of Section 36-A o....
1995 0 Supreme(P&H) 1090 • India - Punjab and Haryana
HARJIT SINGH BEDI, SAROJNEI SAKSENA, S.C.MALTE
committed to the Court of Session. - The words "from time to time" in Section 167(2) of the CrPC can be read into Section 36-A(1 ... under Section 167(2) of the CrPC read with Section 36-A(1)(b) of the NDPS Act till the investigation is completed and the case is ... NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 36-A(1)(B) - INTERPRETATION - REMAND OF ACCUSED - MAGISTRATE'S ... Though in Section 36-A(1#HL_E....
1998 0 Supreme(P&H) 725 • India - Punjab and Haryana
SAROJNEI SAKSENA
ACT, 1985 - SECTION 193 OF THE CODE OF CRIMINAL PROCEDURE - SECTION 209 OF THE CODE OF CRIMINAL PROCEDURE - SECTION 36-A(1)(C) OF ... ACT, 1985 - SECTION 167(2) OF THE CODE OF CRIMINAL PROCEDURE - SECTION 36-D(1) OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ... OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES RULES, 1985 - SECTION 36-A(1)(B) OF THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ... Sub-section (1....
2001 0 Supreme(Guj) 476 • India - Gujarat
B.J.SHETHNA
( 9 ) BEFORE parting, I must state that the appointment of Public Prosecutor or Additional Public Prosecutors are to be made in the High Court by the Central Government or the State Government after consultation with the High Court as per the provisions of Section 24 Cr
2013 0 Supreme(All) 2817 • India - Allahabad
MUSHAFFEY AHMAD
Criminal Procedure Code, 1973—Sections 156 (3), 154 (1), 36, 190 and 200—FIR—Application for—Rejection of—Revision against—Maintainability ... of revision against order passed under Section 156 (3)—Conclusion of Full Bench (Father Thomas case 2011(1) ... The Court simply observed that if the First Information Report was not registered, the aggrieved might, instead of rushing to the High Court to file writ petition or a petition under Section 482 Cr.P.C., utilize the remedy under Sections 36#HL....
• India - Crimes
SAROJNEI SAXENA
Narcotic Drugs and Psychotropic Act, 1985- Sections 36-A(1)(b), 36-A(1)(c) 36-A(1)(a) and 36D(1)-Code of Criminal Procedure, 1973 ... ... Held: A conjoint reading of Sections 36-A (1)© and (d) would make ... it clear that till Special courts are constituted after the initial remand of 15 days but a magistrate under Section 36, A (1) ( ... Sub-section (1) of Sec....
• India - Crimes
RANJAN GOGOI, PRAFULLA C.PANT
Code of Criminal Procedure, 1973 – Section 36 r/w section 18(1), Police Act – Accused seeking appointment of a neutral and impartial ... – State Police Chief appointing a senior police officer of other jurisdiction to conduct further investigation – Under section 36 ... limits of jurisdiction is not an impediment for directing a senior police officer to conduct investigation – Section 18(1) of Police ... Section 36 of the Cr.P.C. and Section 18(1) of....
2003 0 Supreme(AP) 180 • India - Andhra Pradesh
K.C.BHANU
Excise Act, 1968 - Section 36 r/w 81 (1) (b) – Criminal Procedure Code, 1973 - Section 438 - Licensed toddy shop – Misconduct - Penalty ... for less than three years, offence is bailable - As I have already observed charge levelled against petitioner is under Section 36 ... of Act and since maximum imprisonment provided thereunder is less than two years, offence is bailable - Therefore, Section 438 Cr ... Excise (Arrack and Toddy Licence General Conditions) Rules 1969, and under Section 36#HL_....
2023 0 Supreme(Ker) 357 • India - Kerala
RAJA VIJAYARAGHAVAN V.
Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 22(c), 29, 36(4), 37, (1)(b)(ii) - Criminal ... considering the grant of bail in a case involving commercial quantity, could not have and should not have passed order under 439 Cr.P.C ... of Cr.P.C. r/w 36 A (4) of the NDPS Act stands extended till 14.11.2022. ... Offences to be cognizable and non-bailable: (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 ....
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