Mere Allegations of Harassment Do Not Constitute Abetment of Suicide: Punjab & Haryana High Court Grants Bail to Wife in Matrimonial Suicide Case 'Convenience Of Wife Not A Thumb Rule, But Custody Of Minor Child Is A Weighing Aspect': Punjab & Haryana HC Transfers Divorce Case To Rohtak MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court Judicial Review Is Not A Substitute For Examiner’s Judgment: Delhi High Court Rejects DJSE Candidate’s Plea Over Alteration of Marks Part-Payments Extend Limitation - Each Payment Revives Limitation: Delhi High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Cooperative Society Is A “Veritable Party” To Arbitration Clause In Flat Agreements, Temple Trust Entitled To Arbitrate As Non-Signatory: Bombay High Court State Government Cannot Review Its Own Revisional Orders Under Section 41(3): Allahabad High Court Affirms Legal Bar on Successive Reviews When Several Issues Arise, Courts Must Answer Each With Reasons: Supreme Court Automatic Retention Trumps Lessee Tag: Calcutta High Court Declares Saregama India ‘Raiyat’, Directs Reconsideration of Land Conversion Application Recovery of Valid Ticket Raises Presumption of Bona Fide Travel – Burden Shifts to Railways: Delhi High Court Restores Railway Accident Claim Failure to Frame Issue on Limitation Vitiates Award of Compensation Under Telegraph Act: Gauhati High Court Sets Aside Order, Remands Matter Compassionate Appointment Is Not a Heritable Right: Gujarat High Court Rejects 9-Year Delayed Claim, Orders Re-Issuance of ₹4 Lakh Compensation Court Cannot Rewrite Contracts to Suit Contractor’s Convenience: Kerala High Court Upholds Termination of Road Work Under Risk and Cost Clause Post-Bail Conduct Is Irrelevant in Appeal Against Grant of Bail: Supreme Court Clarifies Crucial Distinction Between Appeal and Cancellation Granting Anticipatory Bail to a Long-Absconding Accused Makes a Mockery of the Judicial Process: Supreme Court Cracks Down on Pre-Arrest Bail in Murder Case Recognition as an Intangible Asset Does Not Confer Ownership: Supreme Court Draws a Sharp Line Between Accounting Entries and Property Rights IBC Cannot Be the Guiding Principle for Restructuring the Ownership and Control of Spectrum: Supreme Court Reasserts Public Trust Over Natural Resources Courts Cannot Convict First and Search for Law Later: Supreme Court Faults Prosecution for Ignoring Statutory Foundation in Cement Case When the Law Itself Stood Withdrawn, How Could Its Violation Survive?: Supreme Court Quashes 1994 Cement Conviction Under E.C. Act Ten Years Means Ten Years – Not a Day Less: Supreme Court Refuses to Dilute Statutory Experience Requirement for SET Exemption SET in Malayalam Cannot Qualify You to Teach Economics: Supreme Court Upholds Subject-Specific Eligibility for HSST Appointments Outsourcing Cannot Become A Tool To Defeat Regularization: Supreme Court On Perennial Nature Of Government Work Once Similarly Placed Workers Were Regularized, Denial to Others Is Discrimination: Supreme Court Directs Regularization of Income Tax Daily-Wage Workers Right To Form Association Is Protected — But Not A Right To Run It Free From Regulation: Supreme Court Recalibrates Article 19 In Sports Governance S. Nithya Cannot Be Transplanted Into Cricket: Supreme Court Shields District Cricket Bodies From Judicially Imposed Structural Overhaul Will | Propounder Must Dispel Every Suspicious Circumstance — Failure Is Fatal: : Punjab & Haryana High Court Electronic Evidence Authenticity Jeopardized by Unexplained Delay and Procedural Omissions: MP High Court Rejects Belated 65B Application Not Answering to the Questions of the IO Would Not Ipso Facto Mean There Is Non-Cooperation: Supreme Court Grants Anticipatory Bail Undertaking to Satisfy Award Is Not Waiver of Appeal: Supreme Court Restores Insurer’s Statutory Right

Compliance With Section 42 NDPS Act Mandatory; Ruqa Deemed Sufficient: Punjab and Haryana High Court Upholds Conviction in NDPS Act Case

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the High Court of Punjab and Haryana, presided over by Justice Pankaj Jain, dismissed an appeal challenging the conviction of Avtar Singh @ Jagtar Singh @ Jagga under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985. The judgment, delivered on 1st April 2024, meticulously evaluated the compliance with Section 42 of the NDPS Act.

The crux of the legal debate revolved around the mandatory compliance of Section 42 of the NDPS Act. The section mandates recording and communicating the information of narcotic activities to the immediate superior officer before conducting a search and seizure. The appellant’s counsel argued that the procedure was not adequately followed, contending that the communication, termed ‘Ruqa’, did not satisfy the requirement of Section 42.

Avtar Singh was apprehended on 23rd March 2019 with 27 grams of heroin. The arrest followed a ‘Ruqa’ sent by ASI Faqir Singh to the police station, post receiving confidential information about Singh’s illicit activities. The appellant was subsequently convicted for the offense under Section 21(b) read with Section 31 of the NDPS Act. The primary issue was whether the ‘Ruqa’ met the requirements of Section 42 of the NDPS Act.

Compliance with Section 42: The court, referencing various precedents, including Karnail Singh vs. State of Haryana, emphasized the mandatory nature of Section 42 compliance. It was held that recording of information and its immediate communication to a superior officer is imperative.

Validity of Ruqa: The court deemed the ‘Ruqa’ as a valid form of compliance. Justice Jain observed that the nomenclature of the communication does not detract from its legality. It was held that the ‘Ruqa’ effectively met the Section 42 mandate.

Search and Seizure Procedure: The court confirmed that the search was conducted in the presence of a Gazetted Officer, adhering to the Section 50 NDPS Act requirement. Furthermore, the prior conviction of the appellant under the NDPS Act reinforced the legitimacy of the search and subsequent arrest.

Decision The High Court upheld the conviction and sentence of the appellant, affirming that both the mandates of Sections 42 and 50 of the NDPS Act were complied with. The appeal was dismissed on the grounds that there was no merit in challenging the procedures followed in the seizure and arrest of Avtar Singh.

Date of Decision: 1st April 2024

Avtar Singh @ Jagtar Singh @ Jagga Vs. State of Punjab

Latest Legal News