Cases and materials on NARCOTICS DRUGS AND PSYCHOTROPIC SUBSTANCES ACT , 1985

Description

Here’s a guide to cases and materials on the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), including landmark judgments and important topics frequently dealt with under the Act:

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📘 Important Topics Covered Under NDPS Act, 1985

1. Definitions – Section 2

2. Offences and Penalties – Sections 15 to 27A

3. Search, Seizure & Arrest – Sections 41 to 67

4. Bail Provisions – Section 37

5. Presumption of Culpable Mental State – Section 35

6. Burden of Proof – Section 54

7. Procedure for Disposal of Seized Substances – Section 52A

8. Illicit Traffic and Forfeiture of Property – Chapters VA and VB

9. Role of Officers under NDPS – Customs, Police, NCB

10. Amendments and Judicial Trends

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⚖️ Landmark Cases

Here are some landmark and leading judgments interpreting key provisions of the NDPS Act:

1. State of Punjab v. Baldev Singh (1999) 6 SCC 172

Issue: Scope of Section 50 – Right to be searched before a Magistrate or Gazetted Officer.

Held: Compliance with Section 50 is mandatory for personal searches.

2. Mohan Lal v. State of Punjab (2018) 17 SCC 627

Issue: Same officer as informant and investigating officer.

Held: Investigations by same person who is also the complainant can vitiate trial.

3. Tofan Singh v. State of Tamil Nadu (2021) 4 SCC 1

Issue: Whether statements under Section 67 are admissible.

Held: Confession made to a NCB officer is not admissible as they are “police officers” under Evidence Act.

4. Union of India v. Bal Mukund (2009) 12 SCC 161

Held: Emphasized strict compliance with procedural safeguards under NDPS.

5. K. Mohan v. State 2000 CrLJ 2486 (SC)

Issue: Commercial quantity – No leniency permissible.

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📚 Recommended Books & Materials

1. “Law Relating to Narcotic Drugs & Psychotropic Substances in India” by R.V. Kelkar

2. “Drugs and the Law” by S.K. Verma

3. Supreme Court Digest on NDPS Act – Whitesmann Publishing / LexisNexis / SCC

4. Bare Act with latest amendments and case law notes

5. “Narcotic Drugs and Psychotropic Substances Act: Commentary” by K.D. Gaur

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📝 Suggestions for Study/Research

Read latest judgments from Supreme Court and High Courts on bail under Section 37.

Analyze the constitutionality of reverse burden under Sections 35 and 54.

Compare Indian law with UN Conventions (Single Convention, 1971 Psychotropic Substances Convention).

Study role of agencies like NCB, DRI, and their procedural powers.