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Articles tagged #NDPSAct
24-Hour Production Mandate Under Article 22(2) Begins From Actual Detention, Not Formal Arrest Memo: Supreme Court Grants Bail in 60.79 Kg NDPS Case (2026 INSC 1195)
In Sri Sujit Das & Ors. v. Union of India (2026 INSC 1195), the Supreme Court held that the 24-hour constitutional deadline under Article 22(2) starts the moment liberty is curtailed, overriding Section 37 NDPS bail bars where Article 21 and Section 36 BNSS safeguards are violated.
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NDPS Commercial Quantity Prosecution Quashed: Madras High Court Holds Co-Accused Confession Without Bank or Corroborative Proof Cannot Sustain Trial
In Shek Naseer Useen @ Shaik Nazeer Hussian v. State (Crl.O.P. No. 31964 of 2026, decided on 03.11.2026), Justice G.K. Ilanthiraiyan of the Madras High Court quashed NDPS Special Court proceedings in C.C. No. 531 of 2024 involving 117.850 Kgs of ganja against Accused No. 5 and ordered his immediate release from Puzhal Central Prison, holding that a co-accused's police confession is inadmissible under Section 23 of the Bharatiya Sakshya Adhiniyam (Section 25 Evidence Act) and Tofan Singh v. State of Tamil Nadu.
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Written Grounds of Arrest Mandatory Under Article 22(1) and Section 47(1) BNSS: Madras High Court Sets Aside NDPS Remand Order
In Abhishek v. The State (Crl.O.P. No. 9519 of 2026, decided on 02.11.2026), Justice G.K. Ilanthiraiyan of the Madras High Court set aside a judicial remand order in an NDPS case, holding that generic "reasons for arrest" in a template arrest memo cannot substitute for communicating specific "grounds of arrest" in writing under Article 22(1) of the Constitution and Section 47(1) of the BNSS.
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