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Dhanpalsingh Barunsingh Thakur and ors. Vs. State of Gujarat

Court : Gujarat

Subject : CriminalNarcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2, 2(30), 20, 41, 41(2), 41(3), 42, 42(1), 42(2), 43, 44, 48(1), 49, 50, 50(1), 51, 51(3), 52 and 57; Bombay Prohibition Act - Sections 66(1); Dangerous Drugs Act, 1950 - Sections 2; Evidence Act; Code of Criminal Procedure (CrPC) , 1974 - Sections 100, 100(7), 160, 165, 165(1), 293 and 313; Constitution of India - Article 22(1)

Reported in : 1995CriLJ3751; (1996)1GLR219

such offence is kept or concealed.(2) Any such officer of gazetted rank of the departments of Central excise, narcotics, customs, revenue, intelligence or any other department of the Central Government or of the Border Security Force as … NDPS Act is committed. The person authorised by such warrant can act under the warrant as per the limitations prescribed in the warrant, particularly as to execution thereof either by day or by night. If it is

islamuddIn @ Chottey Vs. State of Delhi

Court : Delhi

Subject : NarcoticsCriminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 37, 61 and 85; Code of Criminal Procedure (CrPC) , 1973 - Sections 439

Reported in : 1999VIAD(Delhi)765; 2000CriLJ108; 82(1999)DLT449; 1999(51)DRJ558

a petition filed under Section 439 of the Code of Criminal Procedure red with Section 37 of the Narcotic Drugs and Psychotropic Sub-stances Act, 1985 (for short 'the NDPS Act') for interim bail for a period of … of such offences and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under

Sardarsingh Nagsingh Rajput (Sisodia) and ors. Vs. State of Gujarat

Court : Gujarat

Subject : CriminalNarcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 17, 18, 20, 26, 27, 29, 32, 35, 36, 36A, 36A(1), 36A(3), 36D, 37, 37(2), 54; Narcotic Drugs and Psychotropic Substances (Amendment) Act, 1988 - Sections 36A and 37; Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 4(2), 167, 167(2), 167(2A), 173(4), 173(5), 190, 193, 209 and 439; Indian Penal Code (IPC), 1860; Constitution of India - Article 21

Reported in : 1993CriLJ3473; (1993)1GLR905

Bihar reported in AIR 1979 SC 1377 : (1979 Cri LJ 1052), Rajnikant Jivanlal Patel v. Intelligence Officer, Narcotics Control Bureau, New Delhi, reported in AIR 1990 SC 71: (1990 Cri LJ 62) Aslam Babalal Desai v. … Act, the accused are straightway entitled to be released on such default bail, altogether overlooking and ignoring the limitations imposed by the Legislature on Courts on exercise of such powers under Section 37 (amended) of the said

Chander SaIn S/O. Sh. Bulbul Ram Vs. State of Haryana

Court : Punjab and Haryana

Subject : Criminal

Acts : Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 36A(1), 37 and 37(1); Code of Criminal Procedure (CrPC) , 1973 - Sections 4, 167, 167(2) and 439

Reported in : 1995CriLJ3160

all these petitions, the contention of the learned counsel for the petitioners is that Section 36A(1)(b) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter called the NDPS Act) has been contravened as the learned Judicial … by the Hon'ble Supreme Court in Narcotics Control Bureau v. Kishan Lal, : 1991CriLJ654 , holding that the limitations on granting of bail specified in Clause (b) of Sub-section (1) of Section 37 of the NDPS Act

Bhanwarsingh Vs. the State of Rajasthan

Court : Rajasthan

Subject : Criminal

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 18, 21, 27, 31A, 32, 32A, 32B, 33, 34, 36, 36A, 36B, 37 and 439; Probation of Offenders Act, 1958; Code of Criminal Procedure (CrPC) , 1973 - Sections 360, 389, 432, 432(1), 433 and 439; Constitution of India - Articles 72 and 161

Reported in : 1996CriLJ3086; 1996(2)WLC745; 1996(1)WLN170

to order for the suspension of the execution of the sentence. The learned Public Prosecutor has relied on Narcotics Control Bureau v. Kishanlal, (1991 Cr LR (SC) 178), for the proposition that the powers of the High … powers of the High Court to grant bail under Section 439 Cr. P. C. are subject to the limitation contained in Section 32 of the NDPS Act and restrictions placed on the powers of the High Court

Dr. Rohit Desai Vs. the State of Maharashtra

Court : Mumbai

Subject : Criminal

Reported in : 1993CriLJ2730

of such offence and that be is not likely to commit any offence while on bail. (2) The limitation on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under … 1992 and Bail Application No. 254 of 1992 in Remand Application No. 72 of 1992 (arising out of Narcotic Cell, K. Division, C.R. No. 17 of 1992).2. By the aforesaid judgment and order, the trial Court rejected

Shakil Ahmed Vs. State of Raj.

Court : Rajasthan

Subject : CriminalNarcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 37(1)

Reported in : 2003(85)ECC774

suspension, remission or commutation of sentences which would be withheld under the garb of Section 32A of the Narcotic Drugs and Psychotropic Substances Act. Notwithstanding the provisions of the offending section, a convict is entitled to parole, … governing the grant of it under the statute, if any, or the jail manual of Government instructions.' 5. Limitations on granting of bail are specified in Clause (b) of sub-section (1) of Section 37 of the Act,

Lawarance D'souza Vs. State of Maharashtra and another

Court : Mumbai

Subject : Criminal

Reported in : 1992CriLJ399

Case No. 889 of 1990, for alleged offences u/S. 8(c) read with Ss. 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'N.D.P.S. Act') for having been found in possession … the Petitioner having regard to the serious nature of the crime and urged that having regard to the limitations contained in S. 37 of the N.D.P.S. Act, inasmuch as, the evidence Prima facie discloses the commission of

Correctional Services Corp. Vs. Malesko

Court : US Supreme Court

Subject : Land Acquisition

of the elevator. The District Court treated the complaint as raising claims under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U. S. 388 , in which this Court recognized for the first time an implied private … Cert. 20a. With respect to Urena and the unnamed individual defendants, the complaint was dismissed on statute of limitations grounds. The Court of Appeals for the Second Circuit affirmed in part, reversed in part, and remanded. 229

Dr. Ram Krishna Balothia Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Subject : Constitution

Acts : Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3, 8, 14, 15 and 18; Constitution of India - Articles 14, 15(4) and 21; Code of Criminal Procedure (CrPC) - Sections 438

Reported in : AIR1994MP143; 1994CriLJ2658; 1994(0)MPLJ644

in Usmanbhai Dawoodbhai Menon v. State of Gujarat, 1988 (2) SCC 271 : AIR 1988 SC 922 and Narcotics Control Bureau v. Kishan Lal, AIR 1991 SC 558 : 1991 (1) SCC 705.In Usmanbhai Dawoodbhai Menon's case … of the Constitution either expressly or impliedly, and that Article 21 is not intended to be a constitutional limitation upon the powers of the legislature. The Act being special enactment will prevail over general enactment, i.e. Code