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Sr. No.

Case
1

Armaan Kohli’s bail plea

2 Rhea Chakraborty v. The Union of India and Ors.

3 Amit Ranjan vs Narcotics Control Bureau

4 Tofan Singh vs State Of Tamilnadu

5 SUPDT NARCOTICS CONTROL BUREAU CHENNAI Vs. R PAULSAMY

6 STATE OF PUNJAB Vs. BALDEV SINGH


Crux

A special Narcotics Drugs and Psychotropic Substances (NDPS) court on April 8 rejected the bail plea of actor Armaan Kohli, wh
drug trafficker caught with a commercial quantity of MD”. In the order, that was made available on Wednesday, special NDPS
to the involvement of the actor in financing illicit trafficking and the WhatsApp chats along with bank statements. “The investi
arrested Ajay Raju Singh for his purported involvement in illicit drug trafficking. After he revealed that he had sold drugs to the

The NCB seems to have relied heavily upon, and in some parts, solely, on Whatsapp chats of the accused(s), to prove that they
involved in drug trafficking. “There is ample evidence in the form of Whatsapp chats of accused no.1 (Khan) with foreign natio
drugs and bulk quantity with unknown persons who are suspected to be a part of an international drug racket. This is the sam
used to store drugs at her house. In both cases, the NCB first detained the two suspects, accessed their mobile phones, and re

The facts of the prosecution case are that on the basis of a secret information, two parcels, booked under Airways Bill Nos.206
narcotic psychotropic tablets. On this information, on 16.8.2018, a message was passed over the telephone to the Superintend
recovered. i) 4 strips of Ativan 2 mg, weighing 8 gms [As per CRCL report, the sample was found positive for Lorazepam). (ii) 4
(iv) 40 strips of Omnacortil-20 tablets [Prednisolone dispersible tablets) [not under the NDPS Act] (v) 435 tablets of white colo
per CRCL report, the sample was positive for Tramadol] (vii) one packet of 192 tablets, suspected to be Hydrocodone, weighin
(3.) Further, it is also learnt that Gaurav Mehta also sent narcotic psychotropic tablets from his office-cum-warehouse at K-121

The appellant herein, Tofan Singh, was listed as Accused 3 in the trial for the offences under Section 8(c) read with Section 21(
Act. This trial, conducted by the Special Judge, Additional Special Court, under the NDPS Act, Chennai, resulted in the convictio
of the NDPS Act, the learned Special Judge sentenced the appellant to undergo 10 years' rigorous imprisonment and to pay a fi
offences under Section 8(c) read with Sections 21 and 29 of the NDPS Act, 1985 with the direction that both the sentences had

Respondent and his wife are now facing a prosecution for offences under Secs. 8C, 21, 27A, 28 and 29 of the Narcotic Drugs an
the respondent. At the relevant time he himself was a Superintendent, Customs, Preventive Unit Madurai. His wife was Super
bail on executing a bond in a sum of Rs. 10,000/- with two solvent sureties. Appellant (Superintendent of Narcotic Control Bur
(3.) Learned single Judge of the High Court did countenance only two points for adopting the exceptional course of granting ba
the former aspect learned single Judge has stated thus: "When we consider Sec. 82 it is clear from the records available that th
this case."

Special leave petitions was placed before a two-Judge Bench, it was noticed that there was divergence of opinion between diff
admissibility of the evidence collected by an Investigating Officer during search and seizure conducted in violation of the provi
Saiyad v. State of Gujarat (1995) 3 SCC 610 and a number of other cases, it was laid down that failure to observe the safeguard
Director of Inspection (Investigation), New Delhi (1974) 1 SCC 345, was also considered and it was opined that the judgment in
contraband to fasten liability, arising out of unlawful possession of the contraband, on the person from whom the alleged con
State of Punjab v. Labh Singh, (1996) 5 SCC 520, relying upon a judgment of this Court in Pooran Mal's case (supra), a discorda
Judge Bench, therefore, on 15-7-1997, by the following order, referred the batch of cases to a larger Bench:"One of the questi
what is the effect of the breach thereof. This question had been engaging the attention of this Court and answered in a numbe
concerned to inform the person to be searched of his right to demand that the search be conducted in the presence of a Gaze

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