NDPS Section 21 Conviction Legal Advice Online

Post covers NDPS Section 21 Conviction Legal Advice Online wherein on what factors accused gets punishment under law & on what basis.

TOPIC- Section 21 of NDPS Act (State Vs Inder Mohan)

Through this analysis, the author will try to understand the section 21 of the NDPS act. This analysis will provide an in-depth assimilation of the extent of the power the courts enjoy in such cases. It will also highlight the importance of the accused pleading guilty so far as the sentencing of punishment by a court is concerned. Lastly, with the help of the various cases cited in the judgement of this particular case, this analysis will explain the concept of punishment for Drug possession.

Also Read- Punjab and Haryana High Court Guidelines in Ndps Cases

Facts

As it emerges from the final report under Section 173 Cr.P.C, the case of the prosecution is that on 13.2.2020 SI Sumer Singh along with HC Anil, C.Sumit, C.Sandeep were on patroling duty in govt. vehicle bearing no.CH01-GA-6106 whose driver was HC Dilbag Singh. After parking the vehicle on the parking area, they reached, they reached T Point of Sector 37 A/D Chandigarh and saw one hindu gentleman, who on seeing the police party tried to revert back but on suspicion, said person was apprehended. Said person was carrying one polythene pouch. On checking, substance like smack/heroin type material was found from the polythene pouch. On asking, he disclosed his name Inder Mohan s/o late Sh.Ranjit Singh R/o # 3221/1 Sector 38-D Chandigarh. He could not produce any permit or licence for keeping the same in his possession. He tried to join the passerby as independent witness but they refused to join the investigation by giving excuses. The said contraband was weighed at the spot and same was found to be 7 grams. The parcel was made of white cloth and the contraband was put into the same and same was sealed with the seal of SD at two places. The sample seal was prepared. The test memo form was also prepared. Thereafter second IO was called, who reached at the spot and after registering the case, conducted investigation. Accused was arrested and after the completion of investigation the challan was presented. On appearance of accused, copies of challan were supplied to the accused, free of costs, as required under Section 207 Cr.P.C. After finding a prima-facie case, accused was charged under Section 21 of NDPS Act (hereinafter referred to as Act), to which he pleaded guilty and did not claim trial. He has been apprised of the consequences of pleading guilty but he has stated that he is doing so after having properly pondered over the matter. It, therefore, becomes clear that accused is seeking to confess his guilt voluntarily without any pressure, coercion, duress or inducement of any kind. As such, his confessional statement has been recorded by virtue of which he has confessed the crime and begged before the court to forgive him for the mistake committed. Since the accused has confessed his guilt voluntarily, without any inducement or threat, therefore, keeping in view the confession of the accused and the facts and circumstances of the present case, he is held guilty for the commission of offence under Section 21 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and is accordingly convicted thereunder. Let accused be heard on the quantum of sentence.

Also Read- All About Getting Bail in Ndps Cases

Issues Involved

(a) Whether the plaintiff is guilty of the charge under Section 21 of NDPS Act ?

Rules and Laws

Section 21 in The Narcotic Drugs and Psychotropic Substances Act, 1985

1[21. Punishment for contravention in relation to manufactured drugs and preparations.Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses any manufactured drug or any preparation containing any manufactuered drug shall be punishable,

(a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both;

(b) where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years and with fine which may extend to one lakh rupees;

(c) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees.]

Also Read- Arrest Search and Seizure Law in Ndps

Section 173 CRPC- Report of police officer on completion of investigation.

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

(2) (i) as soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government, stating-

(a) the names of the parties;

(b) the nature of the information;

(d) whether any offence appears to have been committed and, if so, by whom;

(e) whether the accused has been arrested;

(f) whether he has been released on his bond and, if so, whether with or without sureties;

(g) whether he has been forwarded in custody under section 170.

(ii) The officer shall also communicate, in such manner as may be prescribed by the State Government, the action taken by him, to the person, if any by whom the information relating to the commission of the offence was first given.

Also Read- Punjab and Haryana High Court Chandigarh

(3) Where a superior officer of police has been appointed under section 158, the report, shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.

(4) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.

Also Read- Punjab Haryana High Court Chandigarh NDPS Appeal

(5) When such report is in respect of a case to which section 170 applies, the police officer shall forward to the Magistrate along with the report-

(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;

(b) the statements recorded under section 161 of all the persons whom the prosecution proposes to examine as its witness.

(6) If the police officer is of opinion that any part of any such statement is not relevant to the sub-matter of the proceeding or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.

(7) Where the police officer investigating the case finds it convenient so to do, he may furnish to the accused copies of all or any of the documents referred to in sub-section (5).

(8) Notwithstanding in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (2) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form prescribed and the provisions of’ sub-section (2) to (6) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (2).

Also Read- High Court Chandigarh NDPS Regular Bail Case

Section 207 CRPC

Supply to the accused of copy of police report and other documents. In any case where the proceeding has been instituted on a police report, the Magistrate shall without delay furnish to the accused, free of cost, a copy of each of the following:-

(i) the police report;

(ii) the first information report recorded under section 154;

(iii) the statements recorded under sub- section (3) of section 161 of all persons whom the prosecution proposes to examine as its witnesses, excluding therefrom any part in regard to which a request for such exclusion has been made by the police officer under sub- section (6) of section 173;

(iv) the confessions and statements, if any, recorded under section 164;

(v) any other document or relevant extract thereof forwarded to the Magistrate with the police report under sub- section (5) of section 173: Provided that the Magistrate may, after perusing any such part of a statement as is referred to in clause (iii) and considering the reasons given by the police officer for the request, direct that a copy of that part of the statement or of such portion thereof as the Magistrate thinks proper, shall be furnished to the accused: Provided further that if the Magistrate is satisfied that any document referred to in clause (v) is voluminous, he shall, instead of furnishing the accused with a copy thereof, direct that he will only be allowed to inspect it either personally or through pleader in Court.

Also Read- NDPS Appeal in Punjab Haryana High Court Chandigarh

Findings of Court

The accused was convicted and was sentenced a punishment as:

Offence under– Section 21 of NDPS Act, 1985

Sentence imposed– Rigorous Imprisonment for 24 days and to pay fine of ₹5,000/-. In default of payment of fine, to further undergo RI for 7 days.

Also Read- High Court Chandigarh Directions in Ndps Cases

Conclusion

In conclusion, we can say that, drug possession is a crime under the NDPS Act and has strict punishment attached to the same, however in cases where the accused pleads guilty, the quantum of punishment is lowered down foe such a convict and this is the power that is enjoyed by all the courts having jurisdiction over such matters.

For case specific advice please contact criminal lawyers advocates in Chandigarh Panchkula Mohali Kharar Derabassi Zirakpur