AI Overview...
Sec 29 of NDPS Act Not Attracted
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Section 29 of NDPS Act - Generally relates to the presumption of joint liability or conspiracy among accused persons involved in drug offenses. Its applicability depends on the specific facts and evidence linking accused persons to the offense.
Main points: Several court rulings indicate that Section 29 is not automatically attracted and requires sufficient evidence of conspiracy or common intention. For instance, findings suggest that mere possession or recovery does not imply conspiracy under Section 29 unless corroborated by concrete evidence.
Reference: Manoj Kumar Bhuyan And Other VS State Of Orissa - Orissa, Manoj Kumar Bhuyan VS State of Orissa - Crimes, Manoj Kumar Bhuyan VS State of Orissa - Crimes, Sayed Mohd. Naeem VS Narcotic Control Bureau, Jodhpur - Rajasthan, KHANTUNBIBI MOHMAD SHAFI VS STATE OF GUJARAT - Gujarat, Jeevan Singh vs State Of Rajasthan - Rajasthan -
Section 21(c) of NDPS Act - Often invoked alongside Section 29; however, courts have held that a prima facie case under Section 21(c) (which deals with possession of narcotics beyond prescribed limits) must be established separately and is not automatically linked to Section 29.
Main points: Courts have observed that unless evidence of possession beyond limits and chemical analysis reports are presented, Section 21(c) may not be attracted. The absence of such evidence leads to the conclusion that Section 29 is not applicable.
Reference: Manoj Kumar Bhuyan And Other VS State Of Orissa - Orissa, Manoj Kumar Bhuyan VS State of Orissa - Crimes, Sayed Mohd. Naeem VS Narcotic Control Bureau, Jodhpur - Rajasthan -
Section 37 of NDPS Act - Concerns the grant of bail, requiring the court to consider whether the case involves a grave offense or if the accused poses a threat to society. Many judgments highlight that if the quantity involved is below the commercial threshold and other conditions are met, Section 37 may not bar bail.
Main points: Courts have granted bail where the evidence under Sections 21(c) and 29 was not strong, and the quantity of contraband was less than commercial quantities, thus Section 37's restrictions did not apply.
Reference: Manoj Kumar Bhuyan VS State of Orissa - Crimes, Manoj Kumar Bhuyan VS State of Orissa - Crimes, AKBAR vs STATE OF KERALA - Kerala, Jeevan Singh vs State Of Rajasthan - Rajasthan -
Chemical Analysis & Evidence - The necessity of chemical analysis reports and proper compliance with procedural safeguards (like Section 50) is emphasized. Failure to adhere to these provisions weakens the case against the accused and influences whether Sections 21(c) and 29 are attracted.
Main points: Proper compliance with analysis and procedural safeguards can lead to the conclusion that Sections 21(c) and 29 are not applicable, especially in cases with small quantities or procedural lapses.
Reference: Manoj Kumar Bhuyan And Other VS State Of Orissa - Orissa, Sayed Mohd. Naeem VS Narcotic Control Bureau, Jodhpur - Rajasthan, Kamendra Sao @ Ramashish Ram VS State Of Bihar - Patna, Md. Sarfraj VS State Of Bihar - Patna
Analysis and Conclusion
- Section 29 of the NDPS Act is not automatically attracted in cases of possession or small quantities of drugs. Its application requires clear evidence of conspiracy or joint criminal intent, which courts have found lacking in several instances.
- Bail considerations are influenced by the quantity involved, procedural compliance, and the strength of evidence under Sections 21(c) and 29. When these sections are not strongly established, and quantities are below commercial thresholds, courts tend to grant bail, especially with appropriate conditions.
- Overall, the courts have consistently held that Sections 21(c), 29, and 37 are to be applied judiciously, based on the facts, evidence, and procedural adherence, leading to the conclusion that Sec 29 of the NDPS Act is often not attracted unless specific conspiracy or joint liability is proven.
References: - Manoj Kumar Bhuyan And Other VS State Of Orissa - Orissa - Manoj Kumar Bhuyan VS State of Orissa - Crimes - Manoj Kumar Bhuyan VS State of Orissa - Crimes - Sayed Mohd. Naeem VS Narcotic Control Bureau, Jodhpur - Rajasthan - KHANTUNBIBI MOHMAD SHAFI VS STATE OF GUJARAT - Gujarat - AKBAR vs STATE OF KERALA - Kerala - Jeevan Singh vs State Of Rajasthan - Rajasthan - Kamendra Sao @ Ramashish Ram VS State Of Bihar - Patna - Md. Sarfraj VS State Of Bihar - Patna
Search Results for "Sec 29 of Ndps Act Not Attracted"
2021 0 Supreme(Ori) 168 • India - Orissa
SAVITRI RATHO
Finding of the Court: The court found that a prima facie case under Section 21(c) of the NDPS Act was not established ... Narcotic Drugs and Psychotropic Substances Act - Illicit Drug Trafficking - Section 21(c), 29 - Summary of Acts and Sections: ... The court discussed the provisions of Section 21(c) and 29 of the NDPS Act, emphasizing the need for chemical analysis reports to ... out against them and Section 37 of the #HL_START....
• India - Crimes
SAVITRI RATHO
439 – Bail applications – Case under Section 21 (c) and 29 of NDPS Act registered against petitioners – Fulfillment of requirements ... Act are not required to be satisfied before granting bail – Bail granted against stern conditions. ... Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Criminal Procedure Code, 1973 – Section ... the NDPS Act will be attracted. ... out against them and Section 37....
• India - Crimes
SAVITRI RATHO
Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 21 (c) and 29 read with Section 37 – Criminal ... cough syrup is beyond prescribed limit as contained in Exception 35, requirements of Section 37 of NDPS Act are not required to be ... satisfied before granting bail – Prima facie case under Section-21 (c) of NDPS Act is not made out against petitioners – As such ... the NDPS Act will ....
2004 0 Supreme(Pat) 192 • India - Patna
B.N.P.SINGH
Narcotic Drugs and Psychotropic Substances Act 1985-Sections 20 and 50-Prosecution for possession of Ganja-Alleged search and seizure ... of this case did not lay within four comers of section 42 and provisions of section 43 of the Act are applicable-Failure of empowered ... effected by empowered authorities at the railway station which is a public place and not from the person of appellant-In that event ... recovered, the requirements of Sec. 50 of the Act are #HL_ST....
2025 0 Supreme(Ker) 1305 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.V.KUNHIKRISHNAN, J
and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). 3. ... The investigation is not completed. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that there is criminal antecedents to the petitioner. But, the Public Prosecutor submitted that the investigation is not completed. 6. ... Petitioner shall not leave India without permission of the jurisdictional Court. 4. Petitioner sh....
2025 Supreme(Online)(KER) 10800 • India - High Court of Kerala
P. G. Ajithkumar, J
and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'). 3. ... The investigation is not completed. The Public Prosecutor opposed the bail application. The Public Prosecutor submitted that there is criminal antecedents to the petitioner. But, the Public Prosecutor submitted that the investigation is not completed. 6. ... Petitioner shall not leave India without permission of the jurisdictional Court. 4. Petitioner sh....
2006 0 Supreme(Raj) 305 • India - Rajasthan
H.R.PANWAR
made search of accuseds bag – Found 6 kg 750 gram heroin – Held – Compliance of Sec. 50 is not attracted because accused was found ... (a) Narcotic Drugs and Psychotropic Substances Act, 1985, Sec. 42(1) and (2) – Violation of Sec. 42(1) – Not reducing to writing ... (Para 8)(b) Narcotic Drugs and Psychotropic Substances Act, 1985, Sec. 50, 57 – Non-compliance of Sec. 50 – On sec....
2004 0 Supreme(Guj) 548 • India - Gujarat
C.K.BUCH
Narcotic Drugs and Psychotropic Substances Act - Sections 20 (b) (2), 21 and 29 - Criminal Procedure Code ... of suspending substantive sentence and granting bail should be passed in cases where it would not carry a wrong signal to society ... be adopted - Bail is a rule and jail is an exception principle would not apply in case of course was based on very grave facts Apex ... The first point is that it would not be proper for the Court to conclude at this stage that Sec#HL_E....
2024 Supreme(Online)(RAJ) 70 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE FARJAND ALI, J
The main issues were whether the bail could be granted under Section 37 of the NDPS Act, to which the court reasoned that no strong ... Act. ... The court determined that his incarceration is not warranted since the quantity of contraband is below the commercial threshold and ... In the given circumstances, the embargo contained under Section 37 of NDPS Act is not attracted in this case. There is high probability that the trial may take long time to ....
2003 0 Supreme(Pat) 1053 • India - Patna
SACHCHIDANAND JHA, B.N.P.SINGH
Act, 1985 (NDPS Act) - The court discussed the violation of Sec. 50 of the NDPS Act, the mandatory nature of the provision, and ... NDPS Act - Conviction under Sec. 20 - Sec. 50 - Summary of Acts and Sections: Sec. 20 of the Narcotic Drugs and Psychotropic Substances ... Fact of the Case: The appellant was convicted under Sec. 20 of the NDPS ....
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