CND214 | Narcotic Drugs And Psychotropic Substances Act (Ndps), 1985: Conducting Trial As A Defence Counsel

The Course is structured for students who may want to get into litigation practice as a defense counsel. It is a bird’s eye view of a criminal trial under NDPS Act from a defense counsel’s perspective.

How does this course relate to the programme curriculum: Does it develop on a prior course in the programme or is it a foundational or standalone course?

It is a foundational and stand- alone course.

Describe how you have approached the course. What have you included/excluded and why? Choice of materials: primary or secondary readings / case law;

I have approached the course by taking real court cases (some pending and some decided) alongwith their original litigation papers, evidences, judgments etc. Original case files and litigation papers would give a more intimate experience of how courts function. What have been included from the Act are sections which are “relevant” and could be loosely termed “bread and butter” for a defense lawyer. What have been excluded are Sections which are there in the statute book but not put to much use in day- to- day litigation practice.

Choice of material:

(i) Original case file and litigation papers;

(ii) Primary Statute: NDPS Act

(iii) Relevant case laws ( judgments passed by Ld Trial Court, Hon’ble High Court and Hon’ble Supreme Court) for each topic is included for further reading.

Describe your pedagogical method: lectures, Socratic discussion, seminar style discussion, response papers or group work, field work;

Pedagogical method would be lectures (interactive).

Describe the layout of the course: module structure and sequence.

It chronologically includes:

Overview of a criminal trial

(i) Information of offence (FIR/ secret information)

(ii) Investigation;( arrest, remand, collection of Evidence)

(iii) Filing of chargesheet;

(iv) Framing of charge,

(v) Prosecution Evidence;

(vi) Defense Evidence;

(vii) Section 313 and final arguments;

(viii) Conclusion of trial resulting in either acquittal or conviction;

(ix) Sentencing and Appeal