AI Overview...
- Recovery from Pocket under NDPS Act - Main points and insights:
- Secret information often forms the basis for recovery of narcotics from a person's pocket during searches. Courts have upheld the validity of such recoveries when the information is credible and properly acted upon Sandeep @ Lathru VS State Of Haryana - Punjab and Haryana, Md. Nasim Ali VS State of Manipur - Crimes, KANWAR PAL@MAMA VS STATE - Delhi, Badri Narayan VS State of Rajasthan - Crimes.
- In several cases, recoveries of small quantities (e.g., 15 grams, 25 grams) from pockets have been upheld, especially when prior secret information or authorization was obtained Sandeep @ Lathru VS State Of Haryana - Punjab and Haryana, Md. Nasim Ali VS State of Manipur - Crimes, Badri Narayan VS State of Rajasthan - Crimes.
- The role of secret information is crucial, but compliance with procedural safeguards like recording the information in writing under Section 42 of the NDPS Act is sometimes contested. Non-compliance can affect the legality of the recovery Laxminarayan VS State of Madhya Pradesh - Crimes, Mona Das VS State of West Bengal - Crimes.
- The courts emphasize the importance of timely investigation and proper documentation of secret information to sustain the legality of recoveries from pockets Laxminarayan VS State of Madhya Pradesh - Crimes, KANWAR PAL@MAMA VS STATE - Delhi.
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In some instances, the courts have considered whether the recovery was effected in a public place or private residence, with recoveries from pockets being more straightforward when based on prior secret information and proper procedures Md. Nasim Ali VS State of Manipur - Crimes, Badri Narayan VS State of Rajasthan - Crimes.
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Analysis and Conclusion:
- Courts generally recognize that recoveries of narcotics from a person's pocket based on credible secret information are permissible under the NDPS Act, provided procedural safeguards are followed.
- Proper documentation, such as recording secret information in writing and obtaining necessary authorization, enhances the legality of such recoveries.
- Small quantities recovered from pockets are often considered less severe, but the legality hinges on the credibility of secret information and compliance with procedural requirements.
- Non-compliance with procedural provisions like Section 42 can lead to challenges, but courts have sometimes upheld recoveries if other procedural safeguards are met.
- Overall, recovery from pockets based on secret information is a well-established practice under the NDPS Act, with courts emphasizing the importance of procedural correctness to ensure the validity of such recoveries Sandeep @ Lathru VS State Of Haryana - Punjab and Haryana, Md. Nasim Ali VS State of Manipur - Crimes, KANWAR PAL@MAMA VS STATE - Delhi.
References: - Sandeep @ Lathru VS State Of Haryana - Punjab and Haryana - Balwinder Singh VS State Of Punjab - Punjab and Haryana - Md. Nasim Ali VS State of Manipur - Crimes - SAHIL SHARMA ALIAS MAXX vs STATE GOVT OF NCT OF DELHI - Delhi - KANWAR PAL@MAMA VS STATE - Delhi - Mona Das VS State of West Bengal - Crimes - Laxminarayan VS State of Madhya Pradesh - Crimes - Badri Narayan VS State of Rajasthan - Crimes - Abdulla Koya VS State of Kerala - Crimes - Chander Sain VS State of Haryana - Punjab and Haryana
Search Results for "Recovery from Pocket on Secret Information under Ndps Act"
2020 0 Supreme(P&H) 1060 • India - Punjab and Haryana
MAHABIR SINGH SINDHU
NDPS Act - Bail under Section 439 of Cr. ... P.C. in a case registered under Section 21 of the NDPS Act. ... P.C. in a case involving the recovery of heroin. ... As per prosecution case, on a secret information, petitioner was apprehended with 25 grams of heroin carrying in a polythene from his pocket. 3. ... P.C.') for grant of bail pending trial to the petitioner, in FIR No.30 dated 06.02.2020, under Section 21 of the Narcotic Drugs and ....
2022 0 Supreme(P&H) 1105 • India - Punjab and Haryana
SANT PARKASH
Act for recovery marginally higher than the commercial quantity. ... Act for recovery marginally higher than the commercial quantity. ... Fact of the Case: The petitioner sought regular bail in a case involving the recovery of 255 grams of heroin, marginally ... As per the prosecution version, on 23.01.2021 the police party on the basis of secret information intercepted the accused-petitioner-Balwinder Singh, who was driving motorcycle along with his co-accused Harc....
• India - Crimes
N.KOTISWAR SINGH
Narcotic Drugs and Psychotropic Substances Act, 1985—Section 21(b) —Recovery of 15 grams of heroin from pant pocket of accused appellant—Accused ... was apprehended from his house on prior secret information after authorization of search was obtained from SP—Before search appellant ... Act, 1985—Section 21(b) —Recovery of 15 grams of heroin from possession of appellant —Conviction challenged on plea that contraband
2025 Supreme(Online)(Del) 9911 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
HON’BLE MR AMIT MAHAJAN, J
(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 37 - Conditions for grant of bail in case of offences involving ... Act. ... Act, justifying conditional grant of bail. ... Briefly stated, it is alleged that on 21.08.2023, on the basis of secret information, the applicant was apprehended when he was travelling in a grey car towards Akhada, near Chaupal street. ... In the present case, the applicant was apprehended around 12:40 am in a public place on the basis of a #H....
2017 0 Supreme(Del) 906 • India - Delhi
P.S.TEJI
Narcotic Drugs & Psychotropic Substances Act, 1985 - Sections 21, 61, 85 - Narcotics drugs - Recovery of ... It is submitted that on 8th September, 1998, a secret information was received by PW 3 ASI Joginder Singh who along with PW 1 Const. Amar Singh, PW 2 Vinod & Const. ... Niyaz Ahmed; apprehension of the accused Kanwar Pal@Mama; service of notice under Section 50 of the NDPS Act; recovery of polythene from the right side pocket containing five g....
• India - Crimes
GITESH RANJAN BHATTACHARJEE, VIDYA NAND
Section 50-Recovery of heroin after accused apprehended on secret information -No evidence that police officer before conducting ... (i) Narcotic Drugs and Psychotropic Substances Act, 1985- Sections 43&43- Appellant apprehended from public place and theroin recovered ... - Matter is governed by Section 43 and not by Section 42-Section 43 does not require any prior taking down in writing of any information ... Dutt draws our attention to s. 42, NDPS Act#HL_....
• India - Crimes
SUNIL KUMAR SINHA
small packets—Recovery was effect pursuant to prior secret information—Non-compliance of Section 42(2) of the Act—PW1 was empowered ... Narcotic Drugs and Psychotropic Substances Act, 1985—Section 20—Recovery of 150 grams of ganja from the house of appellant in 15 ... officer who had effected recovery and though he had recorded information in writing but no evidence if it was sent to concerned ... The facts, briefly stated, are as u....
• India - Crimes
H.R.PANWAR
locked tin box at his instance from his house pursuant to disclosure — PW 9 SHO, IPS received prior secret information that two ... ;8/20, 42, 55, 57 — Recovery of 80 grams of charas from possession of accused and further recovery of 1950 grams of charas from a ... u/s. 27, Evidence Act could not be said to be information u/s. 42(1) of the Act warranting its compliance by forwarding it to higher ... voluntary information given by the appellant, furth....
• India - Crimes
KURIAN JOSEPH
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20(b)(i), 43 and 50 - Recovery of 120 grams of ganja packet from ... possession of accused after accused was apprehended from public place on prior secret information that he was selling ganja - Conviction ... Information was not reduced to writing and FIR was registered after the seizure - Evidence of recovery witnesses, corroborated by ... Regarding the information re....
1999 0 Supreme(P&H) 751 • India - Punjab and Haryana
R.L.ANAND
The court found that the Investigating Officer had acted promptly upon receiving secret information about the appellant's involvement ... NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT - SECTIONS 18, 20, 21 - RECOVERY OF OPIUM, SMACK, AND CHARAS - COMPLIANCE WITH ... recovery of the drugs. 2. ... The secret information was also that the accused had earlier been apprehended in a number of cases of opium and in case raid is conducted at his house, he c....
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