Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1984)(17)ELT583TriDel
..... . he quoted the dunlop judgment that use should not form a basis for assessment; the classification must always be based on the composition and character of the thing assessed. sugar and alcohol find use as or in drug manufacture, but nobody has suggested their assessment as drugs. hawley's dictionary defines "drug"- "a substance that acts on the central nervous system e.g., a narcotic, hallucinogen barbiturate, or psychotropic drug. (2) a substance that kills or inactivates disease-causing infectious organisms. (3) a substance that affects the activity of a specific bodily organ or function. (4) according to the fda .....
Tag this Judgment!Court : Delhi
Reported in : ILR1986Delhi181; 1986RLR577
..... made by a learned 'single judge on the ground that the petition raises a legal question on which there is a conflict of judicial opinions and requires consideration by a larger bench. (2) the petitioner was arrested in case f. 1. r. no. 60 of 1986 under section 17122161185 of the narcotic drugs and psychotropic substances act, 1985 recorded at police station railway new delhi station. the arrest was made on 3-2-1986. he was remanded to judicial custody with effect from 4-2-86 and continued in judicial custody. we have .....
Tag this Judgment!Court : Delhi
Reported in : 1986(3)Crimes262; 30(1986)DLT378; 1986RLR616
..... by shri bharat bhushan, addl. chief metropolitan magistrate, new delhi, process was issued against the accused kishore dev mukherjee respondent no. 1 and v.k. jain respondent no. 2 u/ss 21 and 29(1) of the narcotic drugs and psychotropic substances act, 1985, on the complaint filed by shri v. srinivasan, superintendent, directorate of revenue intelligence, new delhi. (3) against the said order of summoning, a revision petition was filed by v.k. jain alone which was accepted by shri s .....
Tag this Judgment!Court : Delhi
Reported in : 31(1987)DLT305
malik sharief-ud-din, j. (1) the appellant aggrieved by his conviction and sentence has preferred this appeal. he was convicted under section 20 of the narcotic drugs & psychotropic substances act, 1985 (hereinafter called ndps act) and on 24th may 1986 was sentenced to 10 years' rigorous imprisonment and to the fine of rs. one lakh in default of payment of which he was required to undergo r 1. for two more years. this order was passed by mr. p. ..... sent to the cfsl was of charas. that. however, does not solve the problem. the question, thereforee, that requires consideration is whether the sample seized from the appellant was actually sent to cfsl or not (5) in this connection i would like to refer to section 55 of the ndps act 1985 which is as under : 'policeto take charge of articles seized and delivered: an officer-in-charge of a police station shall take charge of and keep in safe custody, pending the orders of the magistrate, all articles seized under this act within the local area .....
Tag this Judgment!Court : Delhi
Reported in : 1987(2)Crimes29; 32(1987)DLT1
..... -ud-din, j. (1) the appellant was convicted under section 21 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter for short known as ndps act) and was sentenced to undergo r. i. for 10 years and also to the fine of rs ..... has been made in the case diary. obviously, there is a deliberate attempt to defeat the legislative safeguards. (6) that apart, there is nothing to indicate that the provisions of section 57 of ndps act have been complied with. under the provisions of this section a full report as to the particulars of arrest and seizure has to be submitted to the immediate superior officer within 48 hours ..... 5) i personally feel that the learned counsel fear the appellant is justified in raising these contentions. in view of the nature of punishment provided for the offence under the ndps act the legislature has deliberately made. certain provisions to afford safeguard so that innocent persons are not harassed. if the investigating agency deliberately ignores to comply .....
Tag this Judgment!Court : Delhi
Reported in : 1988(2)Crimes196; 1987(14)ECC98; ILR1987Delhi554
..... forexport, were meant to be cleared through m]s. lee and muir-head (p) ltd. india and m/s. sheikh and pandit, calcutta. the machinery along with hashish and the truck were seized under the provisions of the customs act, 1968 and narcotic drugs and psychotropic act. later on, the business and residentialpremises of the clearing agents were searched but nothing incriminating was recovered. (3) shri joginder singh, driver of the truck in his statement disclosed that the seized truck belonged to shri gopal singh,who was running the same with .....
Tag this Judgment!Court : Delhi
Reported in : 33(1987)DLT188
..... appears to be that krishan kumar was not authorised to apprehend the accused inasmuch as he was not in possession of any writing of a gazetted officer authorising him to arrest and search a particular .person, suspected of being in possession of any narcotic drug or psychotropic substance. further more, the sub-inspector had not recorded the substance of the secret information which allegedly was furnished to him before the time of the apprehension of the accused. this, according to him, is a clear violation of the ..... doubt that s.i. krishan kumar has taken all the precautions required of him in the investigation of this case. admittedly, he was not specifically authorised by the gazetted officer to search and arrest a person suspected of carrying the drug or narcotic substances and this was the precise reason that he asked for and the accused expressed bids desire to be searched in the presence of a gazetted officer. otherwise, if he had been duly authorised, then there was no .....
Tag this Judgment!Court : Delhi
Reported in : 1987(3)Crimes863; 33(1987)DLT171
..... today. we proceed to judgment. (2) it is averred in the petition that the petitioner was taken from his residence on 2nd august, 1987 by the officials of the narcotics control bureau, new delhi and the west bengal police for investigating a case which had teen registered under section 22/29 of the narcotics drugs and psychotropic substances act, 1985 (hereinafter called the 'act') but was formally produced before the metropolitan magistrate on 4th august, 1987 at her residence in the ..... of the petitioner in central jail, tihar from 7th september, 1987 onwards is not shown to be legal or justified. we, thereforee, direct that the petitioner be released forthwith. the other points raised to challenge the statements recorded by the officials of the narcotics control bureau or the questions regarding the very initiation of the proceedings do not arise for consideration at this stage in view of the orders which we have passed. we give liberty to the petitioner to raise those questions as .....
Tag this Judgment!Court : Delhi
Reported in : 34(1988)DLT124
d.p. wadhwa, j.(1) the appellant was convicted for offences under sections 18 and 21 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act') and was sentenced to undergo rigorous imprisonment for ten years on each count and to pay a fine of rs. 1,00,000.00 on each of the two counts. these sentences of imprisonment were directed to run concurrently. the judgment and .....
Tag this Judgment!Court : Delhi
Reported in : 1983(2)Crimes417; 1988(14)DRJ249; 1988(15)ECC397; 1988RLR112
d.p. wadhwa, j.(1) this is a petition under section 439 of the code of criminal procedure, 1973 (for short 'the code'). the petitioner seeks his release on bail for an offence under section 20 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act').(2) the petitioner was arrested on 25-7-1987. four kg. of charas was recovered from his possession. he was produced before the duty magistrate on 26-7-1987 who remanded him to judicial custody up to .....
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