Last Updated on December 7, 2019 by Legalseva.net
Punjab & Haryana High Court at Chandigarh has time and again issued various guidelines for Investigation Officers (IO) to ensure proper investigation in NDPS cases. Also, the High Court has ordered testing agencies to ensure swift preparation of chemical examination report during the trial. The high court has batted for agencies to follow modern techniques in narcotic cases.
Now few noted cases where the High Court has directed the above said guidelines are:
Also Read- ARREST SEARCH AND SEIZURE LAW IN NDPS
- Digital Recording or Probe must be in NDPS Case: This judgment was given by Justice Amol Rattan Singh in August, 2017. The digital recording will corroborate with the FIR (first Information report) in the manner how the person was arrested with contraband. Also Read- GETTING DIRECTIONS FROM HIGH COURT IN CRIMINAL CASE
- Bail decided on narcotic percentage in powder: This judgment was given by Justice Rajbir Singh Sehrawat in August, 2018. In a mixture of neutral or non psychotropic substance and the narcotic/psychotropic substance, only the narcotic/psychotropic substance would be counted for considering commercial quantity for the purpose of deciding bail in drug related cases or else it will give absurd results. Also Read- SUSPENSION OF SENTENCE FROM HIGH COURT CHANDIGARH
- The arresting officer can’t be the investigation officer of the case: This judgment was given Justice AB Chaudhary in August, 2018. The arresting officer in NDPS cannot be made the Investigating Officer (IO) as this would have serious ramifications on the case so far as fair trail is concerned. All the accused are meant to be acquitted in those cases. Also Read- ALL ABOUT GETTING BAIL IN INDIA
- Twenty huge mandatory directions to end drug menace: These were given by division bench Justice Rajiv Sharma & Justice HS Sidhu in January, 2019. The directions covered talks about controlling the drug menace holistically in the region focusing on awareness, investigation and prosecution of drug related cases. Also Read- Transfer Of a Criminal Case from High Court Chandigarh
- Setting up of well trained teams: This judgment was given by Justice Daya Chaudhary where he emphasised the importance of testing of the substance in time and scientifically. Also Read- GROUNDS FOR QUASHING OF FIR
Also Read- HIGH COURT CHANDIGARH DIRECTIONS IN NDPS CASES
In the September of 2013, Shashi Kant, the former Director General of Police wrote a letter to the High Court regarding the rising menace of drugs in the state. LHRI (Lawyers for Human Rights International), a non-government organisation was also a party to this. The state is also working in tandem with the central government agencies to nav the NRIs (non-residential Indians) involved in the promulgation of drugs in the region. Also Read- ANTICIPATORY BAIL FROM HIGH COURT
In September 2019, the Division Bench of the High Court stated that the Courier firms MD, directors are to be booked if drugs are supplied through them.
Also Read- ALL ABOUT GETTING BAIL IN NDPS CASES
Now it is for the investigating agencies, monitoring authorities and drug controllers to implement the High Court, Chandigarh orders in right letter and spirit. The intervention of NGOs like LHRI is highly appreciated in such cases. Also Read- IN WHAT CASES BAIL CAN BE CANCELLED?
Also Read- APPREHENSION OF ARREST: GET AN ANTICIPATORY BAIL.
Rest one can also seek the response of top/best/expert NDPS High Court, Chandigarh lawyer/advocate in Panchkula and Mohali for his case.
Also Read- ARREST OF A PROCLAIMED OFFENDER
For more information, please dial 9988817966.
