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Applicability of Section 48 CrPC in NDPS Cases
- Section 48 CrPC generally pertains to the power of officers to arrest without warrant and the procedures during arrest. Its applicability in NDPS (Narcotic Drugs and Psychotropic Substances) cases is controversial and context-dependent.
- NDPS Act vs. CrPC: Several sources indicate that certain provisions of the NDPS Act override or modify the general procedures under the CrPC, particularly concerning investigation and bail.
- For example, AFZAL P. M. Vs STATE OF KERALA - Kerala suggests that provisions under the NDPS Act, especially those related to bail and arrest, may necessitate denial of bail and could override CrPC procedures in certain cases.
- Conversely, Surendra Dhakad vs The State Of Madhya Pradesh - Allahabad and 00500044605 highlight that Sections 451 and 457 of CrPC (dealing with disposal of property and search/seizure) are applicable to NDPS proceedings unless explicitly barred, implying some procedural compatibility.
- Section 37 of the NDPS Act imposes stringent conditions for bail, requiring the prosecution to establish prima facie grounds for the offence, which limits the applicability of general bail provisions under CrPC (see Kenneth Stanley (alias) Ken Male (South African National, bearing Passport No. 408381458) VS Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai - Madras and Manoj Kumar Bhuyan VS State of Orissa - Crimes).
- Special Provisions and Restrictions:
- Certain sources, such as G. Sandeep Reddy VS Intelligence Officer Narcotic Control Bureau (NCB) - Andhra Pradesh and Khet Singh VS Union of India - Crimes, emphasize that Section 48 CrPC may not be directly applicable in NDPS cases due to the specific procedural provisions of the NDPS Act, especially concerning bail and investigation.
- The NDPS Act's provisions often override general CrPC procedures, particularly in matters of arrest, search, and bail, to prevent abuse and ensure stringent control (AFZAL P. M. Vs STATE OF KERALA - Kerala, Kenneth Stanley (alias) Ken Male (South African National, bearing Passport No. 408381458) VS Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai - Madras).
- Jammu & Kashmir Context:
- In Surendra Dhakad vs The State Of Madhya Pradesh - Allahabad and Mushtaq Ahmad Mir VS State of J&K - Crimes, it is noted that Sections 451 and 457 of CrPC are applicable in Jammu & Kashmir, and Section 36A of the NDPS Act (related to intermediate possession) may not be applicable, indicating regional variations in procedural applicability.
Summary
- The applicability of Section 48 CrPC in NDPS cases is not absolute and depends on the specific provisions of the NDPS Act and the context of the case.
- CrPC provisions like Sections 451 and 457 are generally applicable unless explicitly overridden by the NDPS Act.
- Bail procedures under Section 37 of the NDPS Act impose stringent conditions, limiting the scope of general CrPC bail provisions.
- Overall, while some procedural provisions of CrPC are applicable in NDPS cases, certain sections are modified or overridden by the NDPS Act to maintain strict control over narcotics-related offences.
References: - AFZAL P. M. Vs STATE OF KERALA - Kerala - Grace Rai @ Rose D/o Eric Rai W/o Robert Belho VS Intelligence Officer Narcotics Control Bureau Bengaluru Zonal Unit - Karnataka - Manoj Kumar Bhuyan VS State of Orissa - Crimes - Kenneth Stanley (alias) Ken Male (South African National, bearing Passport No. 408381458) VS Intelligence Officer, Narcotics Control Bureau, Chennai Zonal Unit, Chennai - Madras - Surendra Dhakad vs The State Of Madhya Pradesh - Allahabad - Mushtaq Ahmad Mir VS State of J&K through SHO P/S Watergam - Jammu and Kashmir - Mushtaq Ahmad Mir VS State of J&K - Crimes - TOFAN SINGH VS STATE OF TAMIL NADU - Supreme Court - G. Sandeep Reddy VS Intelligence Officer Narcotic Control Bureau (NCB) - Andhra Pradesh - Khet Singh VS Union of India - Crimes
Search Results for "Section 48 Crpc Whether Applicable in Ndps"
2021 Supreme(Online)(KER) 20766 • India - High Court of Kerala
Kauser Edappagath, J
37 of the NDPS Act is applicable, necessitating the denial of bail. ... Bail - Criminal Procedure - Code of Criminal Procedure, Section 439; Narcotic Drugs and Psychotropic Substances Act, Sections ... ORDER This is an application filed u/s 439 of Code ... The prosecution case in short is that on 18.11.2020 at about 11.50 P.M, the petitioner was found in possession of 0.2150 g. of LSD stamp and 13.2840 g. of MDMA ecstasy and 0.6280 g. of MDMA Crystal in contraventio....
2019 0 Supreme(Kar) 1596 • India - Karnataka
B.A.PATIL
37 of NDPS are not applicable and this petition can be considered within parameters of Section 439 of Criminal Procedure Code Already ... Sections 21, 22, 28 and 29 – Criminal Procedure Code - Section 439 - Imprisonment for life – Anticipatory bail - Whether it is a ... NDPS Act - Sections 8(c) r/w. ... When there is infraction of Standing Instructions, the provisions of Section 37 of the #HL_STAR....
• India - Crimes
SAVITRI RATHO
Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 37 – Criminal Procedure Code, 1973 – Section ... 439 – Bail applications – Case under Section 21 (c) and 29 of NDPS Act registered against petitioners – Fulfillment of requirements ... as enumerated in Section 37 are a pre-requisite before granting bail to accused who is alleged to have committed offences under ... Whether an officer “empowered under Section 42 of the #H....
2019 0 Supreme(Mad) 2160 • India - Madras
R.SUBBIAH
Criminal Procedure Code - Section 439 - NDPS Act Section 37 - Special Public Prosecutor - proved by way ... of half-white coloured powder was found - Held, General rule for the use of discretionary power of grant of bail cannot be made applicable ... Further, in view of the specific provisions of Sub-Section (2) of Section 37 contemplating the limitations to be in addition to the ... This Criminal Original Petition is filed under Section 439 of the ....
• India - High Court of Madhya Pradesh_ (Jabalpur Bench)
DEEPAK KUMAR AGARWAL
Issues: Whether the provisions of the Code of Criminal Procedure, including Sections 451 and 457, are applicable to proceedings ... Sections 451 and 457, are applicable to proceedings before the Special Court (NDPS) and that there is no express bar in the NDPS ... contained in Section 451 or 457(1) of the Cr.P.C. would be applicable as none of the provisions of the NDPS Act ar....
2019 0 Supreme(J&K) 23 • India - Jammu and Kashmir
RASHID ALI DAR
is not applicable-Merit of application has to be seen in light of Section 497 Cr. ... of Section 36A of Act was not applicable as alleged contraband was falling in intermediate slab and so rigor of Section 37 of Act ... Narcotic Drugs and Psychotropic Substances Act, 1985-Sections 8/22, 36A and 37-Jammu and Kashmir Code of Criminal Procedure, 1989 ... Nonetheless, Central Cr. P. C may not be applicable#H....
• India - Crimes
RASHID ALI DAR
C may not be applicable to State of J&K, Section 36A of NDPS Act being treated to be a part of Section 167 of State Cr. ... 37 of Act is not applicable – Merit of application has to be seen in light of Section 497 Cr. ... Jammu and Kashmir Code of Criminal Procedure, 1989 – Section 167(2) – Right to default bail – Nonetheless, Central Cr. P. ... Nonetheless, Central Cr. P. C m....
2021 2 Supreme 1 • India - Supreme Court
ROHINTON FALI NARIMAN, NAVIN SINHA, INDIRA BANERJEE
25 – Right against self-incrimination – No individual should be forcibly subjected to any of techniques in question, whether ... (Paras 152 and 155) Facts of the case: Point in issue centres around as to whether ... Section 2(xxix) of the NDPS Act does not make the provisions of the Cr.P.C. applicable to any investigation or enquiry under the NDPS Act. ... He referred to how the NDPS Act sometimes overrides the Code of Criminal Procedure#H....
2014 0 Supreme(AP) 908 • India - Andhra Pradesh
B.SIVA SANKARA RAO
Narcotic Drugs and Psychotropic Substances Act, 1985-Section 8 (c) read with Sections 22, 23, 25-A, 28, 29 and 30-Criminal Procedure ... Code, 1973-Sections 437 and 439-Bail- Disclosure statement made by accused including under Section 67 of NDPS Act to revenue intelligence ... under Section 27 of Evidence Act being exception to Section 25 of Evidence Act-When such is the case and same is admissible and ... entitled to the bail soug....
2002 2 Supreme 515 • India - Crimes
R.P.SETHI, K.G.BALAKRISHNAN
50 of the Act was not applicable. ... (i) Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 17, 18, 21 and 50—Recovery of opium from possession of appellant ... and checking being conducted of vehicles and during the course of general search that appellant was found travelling with opium, Section ... Baldev Singh 1999(6) SCC 172, the Constitution Bench of this Court extensively considered the question whether the procedure laid down under Section 50 of NDPS#HL_END....
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