While the Constitution abhors the idea of indefinite incarceration, there is a culture of opposition by law enforcement agencies to deny bail. Indeed, time is at hand to redress this state of affairs, with firm judicial leadership.
The Supreme Court of India has dismissed an appeal challenging the judgment passed by the Special Court convicting the accused for the offence punishable under Section 21 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, that talk about the Punishment for contravention in relation.
The Himachal Pradesh High Court on Tuesday dismissed the petition of a workman seeking relief that the period of his becoming incarcerated, either in police custody or in judicial custody should be declared to be continuous service.
Celebrity arrests have put the spotlight on drug abuse. While various Acts have stringent provisions to tackle this menace, there are also attempts to depenalise consumption and offences involving small amounts.
In a landmark judgment, the Court held that confession to officers under the Act is not admissible as evidence during trial and infringes on the Constitution. This will have ramifications for the Rhea Chakraborty case as well as others.
The Supreme Court has held with a 2 is to 1 majority that the confession made under section 67 before the officers of the Central and State agencies appointed under the Narcotic Drugs and Psychotropic Substances Act are not admissible, because the officers are police officers.