AI Overview...
- Sarija Banu v. State through Inspector of Police - Main Points and Insights:
- The decision in this case was significantly influenced by the Supreme Court's ruling in Sarija Banu v. State (2004) 12 SCC 266, which emphasized the importance of compliance with procedural safeguards under Section 42 of the NDPS Act during searches, seizures, and arrests Khalek Miah VS Sankar Debnath - Tripura, Blessing Amaka Okonko vs State of Maharashtra - Bombay, Suman Rudra Paul VS State of Tripura - Tripura, Ashraf VS Directorate of Revenue Intelligence - Crimes, Ashraf VS Director of Revenue Intelligence - Crimes.
- The case highlighted that violations of Section 42(2) of the NDPS Act can impact the legality of the arrest and subsequent proceedings, including bail applications.
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Courts have consistently relied on the Sarija Banu judgment to scrutinize procedural compliance, especially concerning searches and seizures under the NDPS Act, and to determine whether such violations influence bail decisions Khalek Miah VS Sankar Debnath - Tripura, Blessing Amaka Okonko vs State of Maharashtra - Bombay, Suman Rudra Paul VS State of Tripura - Tripura, Ashraf VS Directorate of Revenue Intelligence - Crimes, Ashraf VS Director of Revenue Intelligence - Crimes.
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Analysis and Conclusion:
- The Sarija Banu case set a precedent that strict adherence to Section 42 of the NDPS Act is crucial for the validity of searches and seizures. Non-compliance can be a ground for challenging the legality of arrest and detention.
- Courts have used this judgment to deny bail or impose restrictions when procedural safeguards under Section 42 are violated, reflecting the legislative intent to prevent abuse of power under the NDPS Act.
- Overall, Sarija Banu remains a key reference for assessing procedural compliance in NDPS cases and influences bail considerations significantly, underscoring the importance of procedural rigor in narcotics law enforcement Khalek Miah VS Sankar Debnath - Tripura, Ashish Sarkar VS State of Tripura - Crimes.
References: - Sarija Banu v. State through Inspector of Police, SCC 2004 - Various court decisions citing Sarija Banu regarding procedural compliance and bail under NDPS Act
Search Results for "Sarija Banu Ndps"
2016 0 Supreme(Tri) 42 • India - Tripura
DEEPAK GUPTA
The decision was influenced by the law laid down by the Apex Court in Sarija Banu v. State through Inspector of Police. ... Ratio Decidendi: The court's decision was influenced by the law laid down by the Apex Court in Sarija Banu v. ... NDPS Act - Bail Application - Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 42(1) and 42(2) ... As far as the present case is concerned, there is apparent violation of Section 42(2) of the NDPS Act ....
2024 Supreme(Online)(RAJ) 3487 • India - High Court of Rajasthan (Jodhpur Bench)
DINESH MEHTA, J
(A) Code of Criminal Procedure, 1973 - Section 439 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 21, 29, 42 ... , and 52-A - Bail application filed in connection with FIR for drug-related offenses - Violation of mandatory provisions of the NDPS ... ... ... Issues: The main issues included whether the procedural violations of the NDPS Act affected the bail application and the ... State of Haryana (reported in 2013 CRI.L.J 841) and submitted that in light of principles laid down, there is clear violation of provisio....
2025 0 Supreme(Bom) 1411 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NEELA GOKHALE
(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8(c), 22(b), 22(c), 29, 42, and 50 - Bail application - Applicant ... of 460 grams of MD, a commercial quantity - Allegations of non-compliance with procedural safeguards under Sections 42 and 50 of NDPS ... He placed reliance of a decision of Supreme Court in Sarija Banu (A) Janarthani @Janani and Anr. v. State through Inspector of Police, (2004) 12 SCC 266, and in the matter of Aarif Akram Singh Shaikh v. State of Maharashtra, 2023 BHC - AS 5149. ... ....
2021 0 Supreme(Tri) 212 • India - Tripura
S. G. CHATTOPADHYAY
Section 42 (2) of the NDPS Act, Mr. R. ... Bhattacharjee, learned counsel is that compliance of the provisions of section 42 of the NDPS Act is a sine qua non for every search, seizure and arrest carried out under NDPS Act. It is contended by Mr.
2024 Supreme(Online)(GAU) 7581 • India - High Court of Gauhati
MRS. JUSTICE MITALI THAKURIA, J
(A) Code of Criminal Procedure, 1973 - Section 439 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 22 ... ... (C ... exceeding 1 year and 11 months, with only 3 out of 11 witnesses examined - Non-compliance with Section 42 NDPS Act alleged, but ... ), 25, 29, and 42 - Bail application for accused arrested under NDPS Act - Accused claimed innocence and cited prolonged incarceration ... 421 of 2021, decided on 16.04.2021] (ii) Sarija Banu (A) Janarthani @ Jahai Vs. ... Further, in the ....
2018 0 Supreme(Tri) 206 • India - Tripura
ARINDAM LODH
He applied for bail under Section 439 of the Code of Criminal Procedure, 1973 read with section 37 of the NDPS Act, 1985. ... BAIL - SECTION 439 CRPC - SECTION 37 NDPS ACT - SUDHIR SARKAR - ACCUSED ARRESTED FOR POSSESSION OF 93.900 KGS OF CANNABIS - NON-COMPLIANCE ... OF SECTION 42(2) OF NDPS ACT - SUBSTANTIAL COMPLIANCE - SDPO'S PARTICIPATION IN RAID - DELAYED COMPLIANCE WITH EXPLANATION - BALANCE ... Talapatra, J), while considering the bail application of the accused had placed reliance on Sarija Banu#HL_END....
• India - Crimes
ARINDAM LODH
Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Criminal Procedure Code, 1973—Section 439—Bail—No leniency should ... be shown to those who are found to be involved in the illicit trade of narcotic drugs and psychotropic substances—Prosecution case ... granted bail in this case—Held, No—The legislature has imposed limitations and restrictions in the provisions of section 37 of the NDPS ... Talapatra,J), while considering the bail application of the accused had placed reliance on Sarija Banu#HL_E....
• India - Crimes
ARINDAM LODH
Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Criminal Procedure Code, 1973—Section 439—Bail—No leniency should ... be shown to those who are found to be involved in the illicit trade of narcotic drugs and psychotropic substances—Prosecution case ... granted bail in this case—Held, No—The legislature has imposed limitations and restrictions in the provisions of section 37 of the NDPS ... Talapatra,J), while considering the bail application of the accused had placed reliance on Sarija Banu#HL_E....
• India - Crimes
K.T.SANKARAN
Criminal Procedure Code, 1973—Section 439—Bail—Narcotic Drugs and Psychotropic Substances Act, 1985—Section 21(cs) and 37(1)(i)(ii ... The provisions of Section 42 and 43 of the NDPS Act cannot be construed much a hyper-technical manner, which would have the effect ... The learned counsel for the petitioner submitted that the question of non compliance of Section 42 of the NDPS Act is a matter to be considered event while considering the Bail Application. He relied on the decision in Sarija Banu alias J....
• India - Crimes
K.T.SANKARAN
Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37(1)(b) —Bail—500 grams of heroin recovered from possession of applicant ... The learned counsel for the petitioner submitted that the question of non-compliance of Section 42 of the NDPS Act is a matter to be considered even while considering the bail application. He relied on the decision in Sarija Banu alias Janarthani alias Janaki and Anr. v. ... The conditions under Section 37 (l)(b) (ii) of the NDPS Act are not satisfied in the case. Fo....
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