AI Overview...
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Search by Lady Constable - Proper Supervision in NDPS Case: The involvement of lady constables, such as Devinder Kaur and others, in conducting searches under the supervision of officers is recognized as appropriate and compliant with procedural requirements. Their role ensures gender sensitivity and adherence to protocols during searches, as evidenced by references to lady constables conducting searches under supervision Kali VS State of U. T. Chandigarh - Punjab and Haryana, SMT. SITA GATI MAGAR vs STATE OF U.P - Allahabad.
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Procedural Compliance in Search and Seizure: Several sources highlight the importance of strict adherence to legal procedures, including obtaining proper warrants, joint notices, and independent witnesses during search and seizure operations. Non-compliance or procedural lapses, such as conducting searches without proper warrants or in the absence of independent witnesses, can jeopardize the admissibility of evidence Kali VS State of U. T. Chandigarh - Punjab and Haryana, Baljinder Singh VS State Of Punjab - Punjab and Haryana, Nanu Oli alias Ram Chander VS State of H. P. - Himachal Pradesh, Jagjit Singh Chahal VS State of Punjab - Punjab and Haryana.
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Role of Lady Constables in Ensuring Proper Conduct: Lady constables are often involved in searches of female suspects, which is considered proper and necessary to maintain dignity and compliance with legal standards. Their supervision helps uphold procedural integrity, especially during personal searches of women Kali VS State of U. T. Chandigarh - Punjab and Haryana, SMT. SITA GATI MAGAR vs STATE OF U.P - Allahabad.
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Legal and Procedural Challenges: Cases where searches are conducted without proper procedural safeguards, or where the investigation is found to be unfair or biased, can lead to acquittals or case dismissals. The presence of lady constables in supervision roles is crucial in maintaining procedural fairness, but procedural lapses can still undermine cases Nanu Oli alias Ram Chander VS State of H. P. - Himachal Pradesh, Mohammad Maqbool Lone VS Intelligence Officer Narcotics - Jammu and Kashmir.
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Overall Conclusion: The involvement of lady constables in supervising searches under the NDPS Act is proper and aligns with legal standards. Their role ensures gender-sensitive and procedural compliance, which is vital for the legality of search and seizure operations. However, adherence to procedural protocols such as proper warrants, independent witnesses, and joint notices remains essential for the evidentiary value of recovered contraband Kali VS State of U. T. Chandigarh - Punjab and Haryana, SMT. SITA GATI MAGAR vs STATE OF U.P - Allahabad.
References: - Kali VS State of U. T. Chandigarh - Punjab and Haryana - SITA GATI MAGAR VS STATE OF U. P. - Allahabad - Nanu Oli alias Ram Chander VS State of H. P. - Himachal Pradesh - Baljinder Singh VS State Of Punjab - Punjab and Haryana - Nanak Chand VS State of Himachal Pradesh - Himachal Pradesh - Mohammad Maqbool Lone VS Intelligence Officer Narcotics - Jammu and Kashmir - Jagjit Singh Chahal VS State of Punjab - Punjab and Haryana - State (N. C. T. of Delhi) VS Navjot Sandhu @ Afsan Guru - Crimes - State (N. C. T. Of Delhi) VS Navjot Sandhu @ Afsan Guru - Supreme Court - SMT. SITA GATI MAGAR vs STATE OF U.P - Allahabad
Search Results for "Search by Lady Constable of Lady in Supervision of Sho in Ndps Case is Proper"
2023 0 Supreme(P&H) 1871 • India - Punjab and Haryana
SANJAY VASHISTH
a Magistrate and proper sample handling. ... ... ... Issues: Was there compliance with the procedural requirements of the NDPS Act during the search and seizure of narcotics? ... Recovery from the appellant was contested on grounds of procedural non-compliance during the search and sampling. ... Accordingly, as per instructions of DSP B.D.Bector, a lady constable-Devinder Kaur conducted the search of the accused and on search, 12 grams smack wrapp....
2018 0 Supreme(All) 669 • India - Allahabad
SHASHI KANT
Narcotic Drugs and Psychotropic Substances Act, 1985—Section 8/23—Recovery—Charas—Conviction—Lodging of FIR after more than three ... articles or money has been recovered—Both accused are resident of different places but there was so many similarities in prosecution case ... Moreover First I.O. of the case P.W.5 has said nothing in this regard in his evidence. In this regard, P.W.1 has stated in his evidence that after registration of the case, the appellants were produced before the Court in supervision#HL_END....
2023 0 Supreme(HP) 432 • India - Himachal Pradesh
RAKESH KAINTHLA
Act was not required as the recovery was from a bag, not a personal search - The learned Trial Court's decision was upheld. ... (A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 20 - Conviction for possession of charas - Accused was convicted ... supported by testimonies of police officials, despite the absence of independent witnesses - Compliance with Section 50 of the NDPS ... Similarly, it was never suggested to any person nor did the accused state that the lady constable was in pos....
2019 0 Supreme(P&H) 362 • India - Punjab and Haryana
RAJIV SHARMA, HARINDER SINGH SIDHU
, S.15--Search and Seizure--Complainant and Investigating Officer was same person--Prejudice to accused--Whether the investigation ... , S.50--Personal Search--Joint Notice--Both the accused were given joint notice, which is in contravention of mandatory provisions ... He had prepared the samples and deposited with the SHO. ... State of Haryana, (2011) 1 RCR(Cri) 624, has held that sample seal should not have been given to a constable when the independent witness was present. In the instant case it was ....
2016 0 Supreme(HP) 279 • India - Himachal Pradesh
RAJIV SHARMA, SURESHWAR THAKUR
The accused denied the allegations, and the case proceeded to trial. ... Finding of the Court: The court found that the prosecution failed to prove its case against the accused. ... Fact of the Case: The prosecution alleged that the accused was found carrying 9 kg of charas and was convicted under ... Animals brought from the pound shall be re-pounded under the supervision of a head constable. ... 20. ... It is also undisputed that the police party consisting of ASI - Dasrath Singh, Head ....
2021 0 Supreme(J&K) 407 • India - Jammu and Kashmir
DHIRAJ SINGH THAKUR, RAJNESH OSWAL
Narcotic Drugs and Psychotropic Substances Act, 1985-Section 8(c) read with Sections 20(b)(ii)(c)-Seizure ... is not entitled to acquittal merely because complainant and Investigating officer are same and due to it, trial is vitiated-Each case ... conducted unfair investigation causing prejudice to accused, then certainly accused is entitled to acquittal-Similar would be the case ... Thussoo of NCB and other constables of Police Station went in to the truck for search. ... He was accompanied by #HL_STAR....
2015 0 Supreme(P&H) 1222 • India - Punjab and Haryana
SURYA KANT, P.B.BAJANTHRI
Narcotic Drugs and Psychotropic Substances Act, 1985, S.37--Appeal for cancellation of (a) pre-arrest bail, (b) bail, of accused ... Search warrants were also obtained to effect search in both the industrial units. ... The petitioner relies upon the call details of mobile phones of ASI Inderjit Singh and Head Constable Amarjit Singh, who are the recovery witnesses, to urge that they were not present at the time of the purported recovery. ... Yet again to falsely entangle the petitioner’s son in the FIR No.45 dated 03.03.....
• India - Crimes
P.VENKATARAMA REDDI, P.P.NAOLEKAR
In the normal course, a reference to the larger Bench on this issue would be proper. ... But, that is not the case here. ... But there is no need in this case to apply or not to apply the legal position clarified in proposition No. ... State of Kerala [(1994) 6 SCC 569] which is a case arising under NDPS Act on the ground that contraband material seized as a result of illegal search and seizure could by itself be treated as evidence of possession of the contraband which is the gist of ....
2005 5 Supreme 414 • India - Supreme Court
P.VENKATARAMA REDDI, P.P.NAOLEKAR
In the normal course, a reference to the larger Bench on this issue would be proper. ... But, that is not the case here. ... But there is no need in this case to apply or not to apply the legal position clarified in proposition No. ... State of Kerala [(1994) 6 SCC 569] which is a case arising under NDPS Act on the ground that contraband material seized as a result of illegal search and seizure could by itself be treated as evidence of possession of the contraband which is the gist of ....
• India - Allahabad High Court
in supervision of the lady Constable. ... constable. ... by lady Constables. ... Hukum Singh, Constable Rohit Kumar, Lady Constable Jahan Aara and Lady Constable Devi Shahi, all from S.S.B., Rohit Kumar, P.W.4 Lady Constable S.S.B.
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