Lawstreet Journal

NDPS ACT - SPOT is not the place of interception, but the place of SEARCH and RECOVERY: MP High Court [Read Order]

Lawstreet Journal 22 Feb 2022 5:16pm

Image courtesy: Lawstreet Journal Judiciary NDPS ACT - SPOT is not the place of interception, but the place of SEARCH and RECOVERY: MP High Court [Read Order]

The search and seizure procedures of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act,1985 ) matters have recently come to light as the Madhya Pradesh High Court held that “spot” would not constitute a place where any contemplated vehicle or person is intercepted but that place where such search is conducted and recovery of articles resultantly are made. 

Justice Sanjay Dwivedi while dismissing the bail application put forth by the applicants charged U/s 8/20,25, 27(a)/28 R/w Section 29 Section NDPS Act, delivered this judgement. 

Section 20 NDPS Act 1985, deals primarily with the “Punishment for contravention in relation to cannabis plant and cannabis”, Section 27(a) NDPS Act 1985, contemplates “punishment for financing illicit traffic and harboring offenders”, Sections 25, 28 and 29 NDPS Act 1985, deal with “punishment for allowing premises etc., to be used for commission of an offence”,” Punishment for contravention of section 8A” and “Punishment for abetment and criminal conspiracy” respectively.

The prosecution narrative held that the applicants along with other co accused were on their way from Andhra Pradesh to Shahjapur in the car. Upon receiving a lead from some reliable source regarding the enormous quantity of contraband the car was intercepted by the police on a concocted enquiry. The car was then carried to the nearest police station where the necessary search and seizure was done. It was at this “spot” that an overwhelming quantity of 80.351 kg of Ganja was deduced. This was followed by the necessary paper work and the offences… Continue Reading...

Tagged: NDPS  
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