Court : Karnataka
..... with regard to the interim disposal of the property. (10) learned trial magistrates/leaned sessions judges are hereby directed to ensure the disposal of the property in respect of narcotic 33 drugs and psychotropic substances as per the directions of the hon ble supreme court in the case of union of india vs. mohanlal and another, reported in (2016) 3 supreme court cases .....
Tag this Judgment!Court : Supreme Court of India
..... , we may refer to section 45(1)(ii) of pmla, proviso to section 43d(5) of the unlawful activities (prevention) act, 1967 and section 37 of the narcotic drugs and psychotropic substances act, 1985 (for short, ndps act ). the provisions regarding bail in some of such statutes start with a non obstante clause for overriding the provisions of sections 437 to 439 of the crpc ..... 2527. under the statutes like pmla, the minimum sentence is three years, and the maximum is seven years. the minimum sentence is higher when the scheduled offence is under the ndps act. when the trial of the complaint under pmla is likely to prolong beyond reasonable limits, the constitutional courts will have to consider exercising their powers to grant bail. the reason .....
Tag this Judgment!Court : Supreme Court of India
..... power to the court to impose fine of more than maximum punishment of rs 2,00,000 as also the presumption of guilt emerging from possession of narcotic drugs and psychotropic substances, the extent of burden to prove the foundational facts on the prosecution i.e. proof beyond all reasonable doubt would be more onerous. a ..... in fact, there are several legislations which also contain similar provisions relating to the statutory presumption of culpable mental state, such as section 35 of the narcotic drugs and psychotropic substances act, 1985 (for short, the ndps act ), section 138a of the customs act, 1962 (for short, the customs act ), section 278e of the income tax act, 1961 (for short ..... for the sake of argument that all the material seized during an illegal search may be admissible as relevant evidence in other proceedings, the illicit drug or psychotropic substance seized in an illegal search cannot by criminal appeal nos. 2161-2162 of 2024 page 115 of 199 itself be used as proof of .....
Tag this Judgment!Court : Karnataka
..... 1872) or the criminal procedure code, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of [narcotic drugs, psychotropic substances, controlled substances or conveyances]. and any list of samples drawn under sub-section (2) and certified by the magistrate, as primary evidence in respect ..... packed, country of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs, psychotropic substances, controlled substances or conveyances in any proceedings under this act and make an application, to any magistrate for the purpose of (a) ..... officer and in such manner as that government may, from time to time, determine after following the procedure hereinafter specified. (2) where any narcotic drugs, psychotropic substances, controlled substances or conveyances]. has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered .....
Tag this Judgment!Court : Karnataka
..... question registration of a crime in crime no.329 of 2024 for offences punishable under sections 8(c), 22(b), 22(c), 22(a), 27(b), 25, 27 of the narcotic drugs and psychotropic substances act, 1985 ( the act for short) and sections 290 and 294 of the ipc.2. heard sri prabhuling k.navadgi, learned senior counsel appearing for the petitioner and ..... freely distributed in the said premises, police conducted a search, which results in seizure of several narcotic drugs and psychotropic substances. the seizure panchanama included drugs like ganja, mdma pills, cocaine, hydro-ganga and other psychotropic substances. the premises was sealed, most of the persons tested positive towards consumption of drugs. the petitioner is roped in as accused no.6. the reason for the petitioner being .....
Tag this Judgment!Court : Supreme Court of India
..... to an economic offence, yet it may not be proper to equate these cases with those punishable with death, imprisonment for life, ten years or more like offences under the narcotic drugs and psychotropic substances act, 1985, murder, cases of rape, dacoity, kidnaping for ransom, mass violence, etc. neither is this a case where 100/1000s of depositors have been defrauded. the allegations ..... case-to-case basis. we deem it appropriate to extract para 172 of vijay madanlal choudhary (supra). 172. in other words, there is stark distinction between the scheme of the ndps act dealt with by this court in tofan singh (supra) and that in the provisions of the 2002 act under consideration. thus, it must follow that the authorities under the 2002 .....
Tag this Judgment!Court : Supreme Court of India
..... (a) would constitute an offence if committed within india; or (b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute ..... the submissions. under section 8(c), there is a complete prohibition on possessing and transporting any narcotic drug or psychotropic substance. section 22 of the ndps act reads thus: 22. punishment for contravention in relation to psychotropic substances. whoever, in contravention of any provision of this act or any rule or order made ..... accused no.2. along with other co- accused, he was prosecuted for the offences punishable under the narcotic drugs and psychotropic substances act, 1985 (for short, the ndps act ). the case of the prosecution is that the narcotics control bureau (for short, ncb ) received secret information on 21st december 2013 that a consignment of pentazocine .....
Tag this Judgment!Court : Supreme Court of India
..... to an economic offence, yet it may not be proper to equate these cases with those punishable with death, imprisonment for life, ten years or more like offences under the narcotic drugs and psychotropic substances act, 1985, murder, cases of rape, dacoity, kidnaping for ransom, mass violence, etc. neither is this a case where 100/1000s of depositors have been defrauded. the allegations .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... indi in crime no.105/2023-24/1006ie/100606 for the offences punishable under sections20b)(ii)(b), 25,61,8(b),8(c), 15(c) and18c) of narcotic drugs and psychotropic substances act, 1985, now pending on the file of the hon ble principal district and sessions judge, vijayapura. this petition, coming on for admission this day, ..... of rules and section 52(a) provides - 9 - nc:2024. khc-k:5691 crl.p no.200895 of 2024 guidelines for disposal of the seized narcotic drugs and psychotropic substances. the central government has issued new notification only for further clarification. but, there is no clarification in respect of the release of the vehicle for ..... interim custody.12. section 60(3) and section 63 of the ndps act read as under: section 60(3): any animal or conveyance used in carrying any narcotic drug or psychotropic substance 2[or controlled substances]., or any article liable to confiscation under sub-section (1) or sub- section (2 .....
Tag this Judgment!Court : Supreme Court of India
..... disease, disorder or condition (except for certain health benefit or such promotion claims) as may be permitted by the regulations made under this act; (iv) does not include a narcotic drug or a psychotropic substance as defined in the schedule of the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) and rules made thereunder and substances listed in schedules e and ei of the ..... drugs and cosmetics rules, 1945; writ petition (civil) no.115 of 2004 etc. page 143 of 260 (2) genetically engineered or modified food means food and food ingredients composed of or .....
Tag this Judgment!