“SECULARISM” IN THE PREAMBLE OF THE INDIAN CONSTITUTION – A CONTROVERSIAL ZONE
The Preamble was used by Supreme Court as an aid to construction in Behram Khurshed Pasikaka v. The State of Bombay [1955] 1 S.C.R. 613 at p. 653. After referring to Part III, Mahajan, C.J., observed: We think that the rights described as fundamental rights are a necessary consequence of the declaration in the preamble that the people of India having solemnly resolved to constitute India into a sovereign democratic republic and to secure to all its citizens’ justice, social, economic, and political; liberty of thought, expression, belief, faith, and worship; equality of status and of opportunity. These fundamental rights have not been put in the Constitution merely for individual benefits, though ultimately, they come into operation in considering individual rights. They have been put there as a matter of public policy and the doctrine of waiver can have no application to provisions of law which have been enacted as a matter of Constitutional policy. Is the Preamble part of our Constitution? This was decided in the matter of Berubari In Re: The Berubari Union And vs Unknown on 14 March 1960 Equivalent citations: AIR 1960 SC 845, 1960 3 SCR 250 There is no doubt that the declaration made by the people of India in the exercise of their sovereign will in the preamble to the Constitution is, in the words of Story, “a key to open the mind of the makers” which may show the general purposes for which they made the several provisions in the Constitution; but nevertheless the preamble is not a part of the Constitution, and, as Willoughby has observed about the preamble to the American Constitution, “it has never been regarded as the source of any substantive power conferred on the Government of the United States, or on any of its departments. Such powers embrace only those expressly granted in the body of the Constitution and such as may be implied from those so granted”. In S.R.Bommai vs Union of India: It was held in this landmark judgment that : Secularism is one of the basic features of the Constitution. While freedom of religion is guaranteed to all persons in India, from the point of view of the State, the religion, faith, or belief of a person is immaterial. To the State, all are equal and are entitled to be treated equally. In matters of State, religion has no place. No political party can simultaneously be a religious party. Politics and religion cannot be mixed. Any State Government which pursues unsecular policies or unsecular course of action acts contrary to the constitutional mandate and renders itself amenable to action under Article 356. Note: This feature of secularism was rejected by the Constituent Assembly ( Drafting of Constitution Committee) on 6th December 1948. Bommai ( Supra) is said to be a landmark judgment of the Supreme Court on Article 356, it is true that Secularism is guaranteed as a fundamental right, but the word “Secularism” was never there in the Preamble of the Constitution of India 1949 and the insertion thereof was refused and negatived by the Constituent Assembly. Below is the link to the […]
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WHEN THE LAW-AND-ORDER SITUATION IS SCRAMBLED CAN ASSEMBLY BE DISSOLVED? CAN THE PRESIDENT ORDER FOR A FRESH ELECTION? LANDMARK CASES
Part XVIII of the constitution deals with such a situation that arises in the state of India. Let’s first read those provisions: Duration of State Legislatures.—(1) Every Legislative Assembly of every State, unless sooner dissolved, shall continue for five years from the date appointed for its first meeting and no longer and the expiration of the said period of [five years] shall operate as a dissolution of the Assembly: Provided that the said period may, while a Proclamation of Emergency is in operation, be extended by Parliament by law for a period not exceeding one year at a time and not extending in any case beyond a period of six months after the Proclamation has ceased to operate. (2) The Legislative Council of a State shall not be subject to dissolution, but as nearly as possible one-third of the members thereof shall retire as soon as may be on the expiration of every second year in accordance with the provisions made in that behalf by Parliament by law. Article 174(2) (2) The Governor may from time to time (a) Prorogue the House or either House; (b) dissolve the Legislative Assembly Article 355: Duty of the Union to protect States against external aggression and internal disturbance.—It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution. Dictum: Naga Peoples Movement vs Union of India Reference in this context may be made to Article 355 of the Constitution whereunder a duty has been imposed on the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of the Constitution. In view of the said provision, the Union Government is under an obligation to take steps to deal with a situation of internal disturbance in a State. There can be a situation arising out of internal disturbance which may justify the issuance of a proclamation under Article 356 of the Constitution enabling the President to assume to himself all or any of the functions of the Government of the State. That would depend on the gravity of the situation arising on account of such internal disturbance and on the President being satisfied that a situation has arisen where the Government of the State cannot be carried on in accordance with provisions of the Constitution. Provisions in case of failure of constitutional machinery in State: (1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may be Proclamation (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or anybody or authority in the State other than the Legislature of the State; (b) declare that […]
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TRANSFER AND TRANSMISSION OF SHARES IN A COOPERATIVE HOUSING SOCIETY.
Today we are going to discuss unique issues relating to a housing society. Human beings when getting even a little bit of power, behave like King-Queen. This is normal psychology. Taking into consideration this psychology and jurisprudence every law is enacted. Now we shall deal with the questions individually WHAT ARE THE PROVISIONS AND REQUIREMENTS FOR THE TRANSFER/TRANSMISSION OF SHARES UNDER MAHARASHTRA CO-OPERATIVE HOUSING SOCIETY LAWS? ( MAHARASHTRA) Following are the relevant provisions of the Maharashtra Housing Society for transfer and transmission of shares and interest in the society. Open membership.— (1) No society shall, without sufficient cause, refuse admission to membership to any person duly qualified therefore under the provisions of this Act and its bye-laws. (1-A) Where a society refuses to accept the application from an eligible person for admission as a member, or the payment made by him in respect of membership, such person may tender an application in such form as may be prescribed together with payment in respect of membership, if any, to the Registrar, who shall forward the application and the amount, if any so paid, to the society concerned within thirty days from the date of receipt of such application and the amount; and thereupon if the society fails to communicate any decision to the applicant within sixty days from the date of receipt of such application and the amount by the society, the applicant shall be deemed to have become a member of such society. If any question arises whether a person has become a deemed member or otherwise, the same shall be decided by the Registrar after giving a reasonable opportunity of being heard to all the concerned parties. (2) Any person aggrieved by the decision of a society, refusing him admission to its membership, may appeal to the Registrar. Every such appeal, as far as possible, be disposed of by the Registrar within a period of three months from the date of its receipt: Provided that, where such appeal is not so disposed of within the said period of three months, the Registrar shall record the reasons for the delay. (3) The decision of the Registrar in appeal, shall be final and the Registrar shall communicate his decision to the parties within fifteen days from the date thereof: (4) Without prejudice to the foregoing provisions of this section, in the case of agro-processing societies or any other society for which a definite zone or an area of operation is allotted by the State Government or the Registrar, it shall be obligatory on the part of such society to admit, on an application made to it, every eligible person from that zone or the area of operation, as the case may be, as a member of such society, unless such person is already registered as a member of any other such society, into the same zone or the area of operation. Restrictions on transfer or charge on share or interest.— (1) Subject to the provisions of the last preceding section as to the maximum holding of shares and to any rules made in this behalf, a transfer of, or charge on, […]
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CONFLICT OF LAWS: CAN ARBITRATION OVERRULE RERA?
This is an important issue especially when the same tribunal namely MahaRERA has passed two controversial Orders on this issue. Let us see what is the provision of the Arbitration Act and what is an Arbitration proceeding. Arbitration Act : Power to refer parties to arbitration where there is an arbitration agreement.— (1) A judicial authority before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so applies not later than when submitting his first statement on the substance of the dispute, refer the parties to the arbitration. (2) The application referred to in sub-section (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof. (3) Notwithstanding that an application has been made under sub-section (1) and that the issue is pending before the judicial authority, an arbitration may be commenced or continued and an arbitral award made. Jurisdiction of RERA Now let us see provisions of The Real Estate (Regulation and Development) Act, 2016.( RERA) Application of other laws not barred.—The provisions of this Act shall be in addition to, and not in derogation of, the provisions of any other law for the time being in force. Act to have overriding effect.—The provisions of this Act shall have an effect, notwithstanding anything inconsistent therewith contained in any other law for the time being in force. Judicial pronouncements: Booz-Allen & Hamilton Inc vs Sbi Home Finance Ltd. & Ors on 15 April 2011 Arbitral tribunals are private fora chosen voluntarily by the parties to the dispute, to adjudicate their disputes in place of courts and tribunals which are public fora constituted under the laws of the country. Every civil or commercial dispute, either contractual or non-contractual, which can be decided by a court, is in principle capable of being adjudicated and resolved by arbitration unless the jurisdiction of arbitral tribunals is excluded either expressly or by necessary implication. Adjudication of certain categories of proceedings is reserved by the Legislature exclusively for public fora as a matter of public policy. Certain other categories of cases, though not expressly reserved for adjudication by public fora (courts and Tribunals), may by necessary implication stand excluded from the purview of private fora. Consequently, where the cause/dispute is arbitrable, the court where a suit is pending will refuse to refer the parties to arbitration, under section 8 of the Act, even if the parties might have agreed upon arbitration as the forum for settlement of such disputes. The well-recognized examples of non-arbitrable disputes are (i) disputes relating to rights and liabilities which give rise to or arise out of criminal offenses; (ii) matrimonial disputes relating to divorce, judicial separation, restitution of conjugal rights, child custody; (iii) guardianship matters; (iv) insolvency and winding-up matters; (v) testamentary matters (grant of probate, letters of administration and succession certificate); and (vi) eviction or tenancy matters governed by special statutes where the tenant enjoys statutory protection against eviction and only the specified courts are conferred jurisdiction to grant eviction or decide the disputes. It may be noticed that the […]
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DOES THE INVESTOR HAVE A REMEDY AGAINST ERRING BUILDERS UNDER REAL ESTATE AND REGULATION ACT ,2016 ( RERA) ?
To answer this query let us understand the provisions of RERA,2016 2(d) “allottee” in relation to a real estate project means the person to whom a plot, apartment or building, as ,he case may be, has been allotted, sold (whether as freehold or leasehold) or otherwise transferred by the promoter, and includes the person who subsequently acquires the said allotment through sale, transfer or otherwise but does not include a person to whom such plot, apartment or building, as the case may be, is given on rent. FILING OF COMPLAINTS WITH THE AUTHORITY OR THE ADJUDICATING OFFICER (1) Any aggrieved person may file a complaint with the Authority or the adjudicating officer, as the case may be, for any violation or contravention of the provisions of this Act or the Rules and Regulations made thereunder against any promoter allottee or real estate agent as the case may be. Explanation.—For the purpose of this sub-section “person” shall include the association of allottees or any voluntary consumer association registered under any law for the time being in force. (2) The form, manner, and fees for filing a complaint under sub-section (1) shall be such as may be specified by regulations. The first of such complaint was filed before Maharashtra RERA authority in COMPLAINT NO: CC006000000000789 Mahesh Parian vs Monarch Solitaire Facts: The Complainant has invested some amount in the residential Project known as ‘monarch Solitaire’ and reserved four apartments in the said Project in 2014. The said project is registered under MahaRERA registration No. P51700012008. The Complainant stated that after reservation of four apartments, Respondent neither gave his invested money back with interest nor is giving the possession of the apartments earmarked for him. Therefore, he prayed that MahaRERA pass an appropriate order for recovery of the principal amount with interest. Observation: documents entered into between parties Tribunal observed that the Complainant and Respondent have signed a ‘Memorandum of Understanding’ on 12s March 2014 from which it is seen that the Complainant is an investor in the said Project and not an allottee. The ‘Memorandum of Understanding’ mentions that when the complainant sells his apartments in the market then the profit from such a sale will be shared between the complainant and respondent in the ratio of 70:3O”. It means that the Complainant has the status of a ‘Co-promoter’ of the Project, as clarified in MahaRERA circular. NOTE: As per records of Maha-RERA this matter was subsequently withdrawn before Appellate Authority. Can draw a hypothesis that it was settled. Next came was M/s. Srushti Sangam Developers Pvt. Ltd vs Sarvapriya Leasing (P) Ltd. APPEAL NO. 000600000001 0557 Facts: The Promoter was developing a project namely Maulick Enclave at Chembur, Mumbai. lt is a redevelopment project consisting of residential premises and shops and offices. promoter and owner of the land had executed registered agreements of redevelopment in the year 2003. As the project was incomplete on 11 May 2017 i.e. on the day of application of RERA Act 2016. promoter has registered a project with [MahaRERA and it bears registration No. P518000J2986.] The investor cum allottee had paid a total sum of Rs.4,53,71,1001 […]
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HINDU MARRIAGE WITHOUT PERFORMING KANYADAAN CEREMONY IS VALID OR VOID MARRIAGE?
Nowadays youngsters want to do something new to be some news. Especially Hindus want to break traditions which they are doing since colonial rule. We read in the newspaper a couple got married by taking oath on Constitution and some news girl refused to perform “Kanya Daan” as she wants to remain being Papa ki Pari. Love has no boundaries may it be daughter and father. Till a family has only one daughter things are smooth, but there are twirls and twists if a family also has a son. Then the daughter-in-law is also her Papa ki Pari. Well, let’s now turn to the captioned question. How adventurous, heroic and courageous to break the traditions which are part of our Vedic scriptures. What does the law say? Hindus have two types of schools. Mitakshara and Dayabhaga Dayabhaga is followed in West Bengal and Mitakshara in the rest of India. The difference is about inheritance. Now let us understand provisions of the Hindu Marriage Act,1955 Section 3 deals with definitions. Definitions.—In this Act, unless the context otherwise requires,— (a) the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family: Provided that the rule is certain and not unreasonable or opposed to public policy, and Provided further that in the case of a rule applicable only to a family it has not been discontinued by the family. What are the conditions of marriage under Hindu Law? Conditions for a Hindu marriage.—A marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:— (i) neither party has a spouse living at the time of the marriage; [(ii) at the time of the marriage, neither party— (a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or (b) though capable of giving valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or (c) has been subject to recurrent attacks of insanity ***;] (iii) the bridegroom has completed the age of [twenty-one years] and the bride, the age of [eighteen years] at the time of the marriage; (iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two; (v) the parties are not sapindas of each other unless the custom or usage governing each of them permits of a marriage between the two; Ceremonies for a Hindu marriage.—(1) A Hindu marriage may be solemnized in accordance with the customary rites and ceremonies of either party thereto. (2) Where such rites and ceremonies include the Saptapadi (that is, the taking of seven steps by the bridegroom and the bride jointly before the sacred fire), the marriage becomes complete and binding when the seventh step is taken. TO EXPOUND AND EXPLAIN THE CEREMONIES UNDER VEDIC SCRIPTURES: There is no standard Hindu marriage ceremony. Regional variation is […]
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MAKING AND REPEAL OF LAWS A FAILED STRATEGY OR STRATEGY TO FAIL CONSTITUTION?
Today Prime Minister of India Shri Narendra Modi in an address to the Nation has withdrawn three Farm Laws which were made after following due process of law as envisaged in Constitution of India. BRIEF HISTORY OF LAWS THAT WERE EITHER ABANDONED /WITHDRAWN OR STAYED BY A COURT OF LAW IN THE LAST SEVEN YEARS. THE RIGHT TO FAIR COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION, REHABILITATION AND RESETTLEMENT ACT, 2013 (also Land Acquisition Act, 2013) passed by the Indian Parliament that regulates the land acquisition and lays down the procedure and rules for granting compensation, rehabilitation, and resettlement to the affected persons in India. The Act has provisions to provide fair compensation to those whose land is taken away, brings transparency to the process of acquisition of land to set up factories or buildings, infrastructural projects, and assures rehabilitation of those affected. The Act establishes regulations for land acquisition as a part of India’s massive industrialization drive driven by a public-private partnership. The Act replaced the Land Acquisition Act, 1894, a nearly 120-year-old law enacted during British rule. HOW PASSED? The Land Acquisition, Rehabilitation and Resettlement Bill, 2011 was introduced in Lok Sabha on 7 September 2011. The bill was then passed by Loksabha on 29 August 2013 and by Rajya Sabha on 4 September 2013. The bill then received the assent of the President of India, Pranab Mukherjee on 27 September 2013. The Act came into force on 1 January 2014. In May 2014, the present Narendra Modi NDA government promulgated an Ordinance to amend the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (RFCTLARR) Act, 2013, which was enacted during the previous UPA regime referred to hereinabove under the caption titled which came into effect from January 1, 2014. The new law replaced /repealed the Land Acquisition Act, 1894, which had been in force for over a century. On December 31, 2014, exactly one year after the new law had come into effect, the present NDA government sought to amend it by promulgating the RFCTLARR (Amendment) Ordinance, 2014. An amendment bill was introduced in Parliament to endorse and validate the Ordinance. Lok Sabha passed the bill but the same couldn’t be passed in Rajya Sabha as the present NDA government had no majority numbers to pass the said Bill. On 30 May 2015, the President of India promulgated the amendment ordinance for the third time HOW WAS IT EVENTUALLY WITHDRAWN? Considering continuing anger against the amendment, Prime Minister Modi announced the decision to withdraw the Ordinance in his Mann Ki Baat program broadcast on August 31, 2015, and the said Ordinance has lapsed. (Courtesy India Times) CCA- NRC THE CITIZENSHIP (AMENDMENT) ACT, 2019 The Citizenship (Amendment) Act, 2019 was passed by the Parliament of India on 11 December 2019. It amended the Citizenship Act, 1955 by providing a gateway to Indian citizenship for persecuted religious minorities from Afghanistan, Bangladesh, and Pakistan who are Hindus, Sikhs, Buddhists, Jains, Parsis, or Christians, and arrived in India before the end of December 2014. The law does not grant such eligibility to Muslims from these Muslim-majority countries. […]
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ANCIENT INDIA VEDIC USAGE OF CANNABIS AND TODAY’S NARCOTIC SUBSTANCE
When I wrote a negative comment about Aryan Khan on Facebook, I was taken a back by a question why Sadhus drug themselves. This was asked none other than a Hindu may be pseudo-secular or the one who made Khans rule over this country though being Khan by a dialogue “ I am Khan and I am not a terrorist”. Our generation is not knowledgeable may be literate. Literacy means which generates a lot of wealth in terms of money. I then did research and I recalled having read Sam Ved in Gujarati. Som Ras and Som Paan is an integral part of Aryans. Bhang is offered to Lord Shiv as it heals his pain of consuming poisonous substances during Samudra Manthan. In general, devotees offer even milk to relive his sufferings which Lord Shiv consumed to save the universe. Indian history and Hindu Aryan culture have the tradition to use cannabis, bhang, and other plants as medicine. The mention is found in Atharva Ved. There is also mention of Soma Paan by Indra Dev Sukta 56 – 5348. Consumption of Soma Ras made from herbs on the holy mountain of Himalaya gives the different abilities and sparkling personality. It was used as medicine for different diseases and during surgery in ancient India. The mention is in Sushrut Samhita. There is also mention of Madya Paan in Chandipath in Adhyay 3 mantra 34-35 where the supreme powered goddess consumes Madhypan before elimination of devil Mahishasur. Cannabis and its derivatives (marijuana, hashish/charas, and bhang) were legally sold in India until 1985, and their recreational use was commonplace. Consumption of cannabis was not seen as socially deviant behavior and was viewed as being similar to the consumption of alcohol. Ganja and Charas were considered by upper-class Indians as the poor man’s intoxicant, although the rich consumed bhang during Holi. The United States began to campaign for a worldwide law against all drugs, following the adoption of the Single Convention on Narcotic Drugs in 1961. Article 49 of the Convention required Parties to completely abolish, over a maximum period of 25 years from the coming into force of the Convention, all quasi-medical use of opium, opium smoking, coca leaf chewing, and non-medical cannabis use. All production and manufacture of these drugs were also to be abolished within the same time periods. Only Parties for which such uses were “traditional” could take advantage of the delayed implementation; for others, prohibition was immediate. As the maximum time ended in 1989, these practices are today fully prohibited, and the drugs may be used only for domestically regulated medical and scientific purposes. However, India opposed the move and withstood American pressure to make cannabis illegal for nearly 25 years. American pressure increased in the 1980s, and in 1985, the Rajiv Gandhi government succumbed and enacted the NDPS Act, banning all narcotic drugs in India. WHAT IS THE DIFFERENCE BETWEEN ANCIENT INDIAN CANNABIS AND TODAY’S NARCOTIC SUBSTANCE? In ancient India, Som Paan was enjoyed by supreme lords and kings as they had to fight devils and evil forces, which we discussed above. There was no “Drug abuse” […]
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CAN MINISTER INTERFERE IN INVESTIGATION?
We will discuss following issues in this write-up What are the Minister’s general power to review the working of the investigating agency and to give broad policy directions regarding the functioning of the agencies ? What is oath and what are constitutional provisions? Consequences of breach thereof? If Minister exceeds power, does it amount to breach of oath? What recourse open to the Chief Minister /State Government or Governor ? Can they approach Court under Article 226 or Article 32 of the Constitution of India? Let us first learn provisions of the Constitution of India: CONSTITUTIONAL PROVISIONS For State the Constitution provides 159. Oath or affirmation by the Governor.—Every Governor and every person discharging the functions of the Governor shall, before entering upon his office, make and subscribe in the presence of the Chief Justice of the High Court exercising jurisdiction in relation to the State, or, in his absence, the senior-most Judge of that Court available, an oath or affirmation in the following form, that is to say— ―I, A. B., do swear in the name of God that I will faithfully execute the solemnly affirm office of Governor (or discharge the functions of the Governor) of ………(name of the State)and will to the best of my ability preserve, protect and defend the Constitution and the law and that I will devote myself to the service and well-being of the people of ..……(name of the State).‖ Under Article 164 every minister has to take oath before entering into his office it says: 164. (1) Other provisions as to Ministers.—(1) The Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor…. (3) Before a Minister enters upon his office, the Governor shall administer to him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule… Article 193 provides for penalty Penalty for sitting and voting before making oath or affirmation under article 188 or when not qualified or when disqualified.—If a person sits or votes as a member of the Legislative Assembly or the Legislative Council of a State before he has complied with the requirements of article 188, or when he knows that he is not qualified or that he is disqualified for membership thereof, or that he is prohibited from so doing by the provisions of any law made by Parliament or the Legislature of the State, he shall be liable in respect of each day on which he so sits or votes to a penalty of five hundred rupees to be recovered as a debt due to the State. Form of oath of secrecy for a Minister for a State:— ―I, A.B., do swear in the name of God that I will not directly or indirectly communicate or reveal solemnly affirm to any person or persons any matter which shall be brought under my consideration or shall become known to me as a Minister for the State of ………………..except as […]
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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES, ACT, 1985 PROVISIONS ,PRESUMPTIONS AND PROSECUTION IN INDIA AN ANALYSIS
A WARNING BELL TO SOCIETY Since corona started, there is also a trend of increase in cases in the consumption of drugs. The film industry is said to be a hub of drugs. Is it that, its consumption started due to corona? The answer is No. It was always there, butfew decades back, maybe the social set-up was such youngsters were taught by elders, grand parents and parents to stay away from drugs, cigarettes, and wine. The three “W” s which is the epic centre of crime. “ Wine, Woman and Wealth”. But it was present consistently. There are many reasons for becoming a drug addict. The first is psychological. To venture something new , another is curiosity, mostly a teenager try during college if got friends with such people, to rich person kids, its necessary to stand in the competition, you need to show that as a star or a star kid one is very bold and smart, if you want to survive in the profession. There is also a syndicate working to get students addicted, and, if NDPS seizes huge consignment of drugs and seizes drugs of different persons in possession of drugs and also prominent persons with different kinds of drugs entire syndicate comes in defence, BUT, it’s a warning bell for society. Today if you protect the druggies tomorrow it may hound you and this problem may knock on your doors too. Those who get one addicted, also use them for Drugs and its easy for them to exploit for commission of crime. For which we need to know the law and consequences. This blog is an attempt to explain different cases in very simple language which a layman can understand. WHY LAW OF NDPS? In Durand Didier v. Chief Secy., Union Territory of Goa [(1990) 1 SCC 95)] as under: “24. With deep concern, we may point out that the organised activities of the underworld and the clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such drugs and substances have led to drug addiction among a sizeable section of the public, particularly the adolescents and students of both sexes and the menace has assumed serious and alarming proportions in the recent years. Therefore, in order to effectively control and eradicate this proliferating and booming devastating menace, causing deleterious effects and deadly impact on the society as a whole, Parliament in its wisdom, has made effective provisions by introducing this Act 81 of 1985 specifying mandatory minimum imprisonment and fine. 8. To check the menace of dangerous drugs flooding the market, Parliament has provided that the person accused of offences under the NDPS Act should not be released on bail during trial unless the mandatory conditions provided in Section 37” In Union of India Vs. Ram Samujh and Ors. 1999(9) SCC 429, it has been elaborated as under: “7. It is to be borne in mind that the aforesaid legislative mandate is required to be adhered to and followed. It should be borne in mind that in a murder case, the accused commits the murder of one or two […]
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