Court : Rajasthan
Reported in : 1992CriLJ1491; 1990(2)WLN461
..... steps to deport him.59. in the result, the appeal is partly allowed and the conviction and sentence passed under sections 20(ii) & 21 of the narcotic drugs & psychotropic substances act, under sections 307 & 332, i.p.c. and under section 25 of the arms act is set aside and the accused appellant is hereby ..... welfare and to prevent by a rigid control of the possession of narcotic drugs & psychotropic substances, the danger to public health, and to guard society against the social evils. this act absolutely prohibits the use, sell, commission, possession, importation, exportation, purchase ..... the learned counsel for the accused-appellant, it is necessary to see the aims and objects of the relevant provisions of this act which was incorporated by the narcotic drugs & psychotropic substances act, 1985 (61 of 1985) after repealing the opium act of 1978.10. the primary aim and object of the act, is to protect public .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ3585; RLW2006(3)Raj2459; 2006(4)WLC425
..... short, 'the trial court') hereinafter) in sessions case no. 263/2001, whereby the trial court convicted the appellant for the offence under section 8/18 of the narcotic drugs and psychotropic substances act, 1985 (for short, 'the n.d.p.s. act' hereinafter) and sentenced him to undergo ten years rigorous imprisonment and a fine of rs. ..... t.n. (supra), the appellant therein were found guilty of offences under sections 8(c) r/w section 20(b)(ii) of the ndps act. they were found in possession of narcotic drug (hashish). the case was registered against the appellants therein on the basis of the statement of p.w. 8 (inspector) who had conducted the ..... though its compliance if not mandatory. in the circumstances, therefore, the contention of learned counsel for the appellant regarding non-compliance of section 57 of the ndps act cannot be accepted.34. learned counsel for the appellant further contended that panch witnesses (motbirs) did not support the case of the complainant and have turned .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ1298; 2000(4)WLC432; 2001(1)WLN536
..... not with accused.18. in state of punjab v. labh singh, etc. 1997 cri lr 76 (sc) : (1996 cri lj 3996), it was held as under :-narcotic drugs and psychotropic sub-stances act, 1985. section 50 - search without compliance of mandatory requirement of section 50 - accused not informed about his right to be searched in the presence of gazetted ..... the learned special judge, ndps cases, chittorgarh by which he convicted both the accused appellants for the offence under section 8/18 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the ndps act) and sentenced each of them to ten years rigorous imprisonment and fine of rs. 1 lac and in default of payment of fine, ..... 17. in manohar lal v. state of rajasthan air 1996 sc 2880 : (1996 cri lj 1367), the hon'ble supreme court has held as under :-narcotic drugs and psychotropic substances act (61 of 1985), section 50 search and seizure option given to accused is only to choose whether he would like to be searched by search .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002WLC(Raj)UC182; 2001(4)WLN143
..... is quoted here:'no. f.1(3) fd/ex/85-1 dated 16.10.1986s.o. 115 - in exercise of the powers conferred by section 42 of the narcotic drugs and psychotrophic substances act, 1985 (act no. 61 of 1985) the state government hereby authorise all inspectors of police, and sub inspectors of police, posted as station house ..... chittorgarh in sessions cases no. 100/97 by which he convicted both the accused appellants for the offence under section 8/18 of the narcotic drugs and psychotrophic substances act, 1985 (hereinafter referred to as the ndps act') and sentenced each of them to undergo ten years' ri and to pay fine of rs. one lac, in default of payment ..... above holding inter-alia that the prosecution has proved its case beyond reasonable doubt against both the accused appellants for the offence under section 8/18 of the ndps act.aggrieved from the said judgment and order dated 12.5.2000 passed by the learned special judge, ndps cases, chittorgarh, both the accused appellants have preferred appeals .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ4867
..... 94)/92/97. by which he acquitted other co-accused subhash of the charge for the offence under section 8/18 of the narcotic drugs and psychotropic substances act. 1985 (hereinafter referred to as the ndps act.), but convicted the present accused appellant for the said offence and sentenced him to undergo ten years' rigorous imprisonment and to pay fine ..... co-accused subhash of the charge framed against him, but convicted the present accused appellant of the charge for the offence under section 8/18 of the ndps act and sentenced him in the manner as indicated above holding inter alia: --1. that samples and seized contraband opium from the accused appellant remained in good ..... and safeguard the interests of the innocent persons. it also provides a protection to the law enforcing agency.11. the provisions of section 50 of the ndps act have been made with the intention to act as a safeguard against the vexatious and unfair dealings. the provisions have also been incorporated in order to protect .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ612; 1998(1)WLC90; 1997(2)WLN375
..... and opium and embezzlement of opium by cultivator have been provided. manufacture of drugs and preparations of psychotropic substances, illegal import into india, export from india or punishment of narcotic drugs and psychotropic substances, external dealings in narcotic drugs and psychotropic substances in contravention of section 12 and use of the premises for commission of ..... provisions of section 33 of the act. the punishment for illegal possession in small quantity for personsal consumption of any narcotic drug and psychotropic substances or consumption of such drug or substance is punishable under section 27 which provides the maximum imprisonment for a term of one year or with fine ..... above, in detail and the reasoning which has been given in our view is not the correct appreciation of law. persons dealing with narcotics drugs and psychotropic substances constitute a distinct class than those charged with commission of offence under the penal act. most of the offences under the penal .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC134; 2002(1)WLN313
..... sessions case no. 241/94 & 242/94 by which he convicted both the accused appellants for the offence under section 8/18 of the narcotic drugs and psycholrophic substances act, 1985 (hereinafter referred to as the 'ndps act') and sentenced each of them to undergo ten years rigorous imprisonment and to pay fine of rs. one lac, in default of payment ..... /85 dated 14.11.1985 s.o. 822 (e) in exercise of the powers conferred by sub-section cd of section 42 or the section 67 of the narcotic drugs and psychotrophic substances act, 1985 (61 of 1985), the central government hereby empowers the officers of and above the rank of sub-inspector in the department of ..... have been mentioned above, are concerned, the learned special judge, ndps cases has come to the conclusion that they comply with the mandatory provisions of section 50 of the ndps act and in my opinion, by doing so, the learned special judge, ndps cases has not committed any illegality and his findings in this respect are liable to be confirmed .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(1)Raj320; 2002(4)WLN561
..... case no. 25/87 by which he acquitted the accused respondent of the charges for the offence under section 17 and 18 of the narcotic drugs and psychotrophic substances act, 1985 (hereinafter referred to as the 'ndps act').2. the facts giving rise to this appeal, in short, are as follows:-on 24.2.1987, pw 8 jeevan ram, sho, ..... or authorisation in any building, conveyance or enclosed place. if such places are not to be entered into and searched, the provisions of section 42 of the ndps act apply when there is a prior information about the presence of the contraband article in any building, conveyance or enclosed place, while section 43 applies when information as ..... .p/7.after usual investigation, police submitted challan against the accused responent shankarlal and accused ramesh for the offence under sections 17,18,21 and 24 of the ndps act in the court of magistrate, from where the case was committed to the court of session.the learned sessions judge, jalore through his order dated 3rd june, .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ2802; 2002(5)WLC301
..... conviction imposed by the special judge (ndps cases), jhalawar by judgment dated 21-11-98 whereby for offence punishable under section 8/21 of the narcotic drugs and psychotropic substances act, 1985 (for short ndps act) the appellant has been sentenced to undergo ten years' ri with a fine of rupees one lac (in default, further one year's ri ..... state of gujarat 1995 (1) crimes 274 (supra) does not render any aid to get favour the accused on this aspect of the matter.28. since the narcotic drugs officers have to collect information before filing the complaint and the court takes cognizance of the complaint thereon, therefore, the empowered officer under section 42 has to collect ..... karwal v. union of india air 1991 sc 45 : 1991 cri lj 97 the apex court held that special procedure has been provided for narcotic drugs matters. under section 53 of the ndps act, the officers are invested with powers of officer-in-charge of police station but having no power to submit report under section 173, cr.p .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC252; 2002(1)WLN402
..... sub-section (1) of section 42 provides that any officer authorised under the act who received any information from any person, should take down in writing that any narcotic drug or psychotropic substances, in respect of which an offence punishable under chapter iv has been committed, may between sun rise and sun-set:(a) enter into and search any such ..... presence of a gazetted officer or a magistrate, and there has to be full compliance of section 50 of the narcotic drugs and psychotropic substances act and substantial or partial compliance would be violative of section 50 of the ndps act. the observations of delhi high court fully applies to the facts and circumstances of the present case as in ..... and sessions judge, dholpur, by which he has convicted accused appellant ram bharosi for offence under section 8/18 and 8/20 of the narcotic drugs and psychotropic substance act, 1985 and sentenced him to undergo ten years rigorous imprisonment on each count and to pay of fine of rs. one lac each, .....
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