Court : Supreme Court of India
Reported in : 1996(53)ECC123; JT1995(3)SC639; 1995(2)SCALE681; (1995)4SCC51; [1995]3SCR279
..... of foreign exchange and prevention of smuggling activities act, 1974 [for short 'cofeposa act'] and the prevention of illicit traffic in narcotic drugs & psychotropic substances act, 1988 [for short 'pit narcotic drugs & psychotropic substances act'). there is divergence in the decisions of this court on this question. in amir shad khan v. l. hmingliana ..... similar provisions were contained in the preventive detention act, 1950 and the maintenance of internal security act, 1971. cofeposa act and the pit narcotic drugs & psychotropic substances act do not provide for approval by the appropriate government of the orders passed by the officer specially empowered to pass such an ..... empowered by the central government. requirement regarding forwarding of the report contained in section 3(2) of the cofeposa act and the pit narcotic drugs & psychotropic substances act cannot, therefore, afford the basis for holding that an order made by an officer specially empowered by the central government or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004CriLJ4614; 2004(96)ECC337; JT2004(8)SC190; 2004(3)KLT660(SC); 2004(8)SCALE238; (2004)7SCC735
..... by a two judge bench, observations were made to the effect that if a person is carrying a bag or some other article with him and a narcotic drug or psychotropic substance is found from it, it cannot be said that it was found from his 'person'. the observations have to be seen in the context of the ..... drawing of samples and testing and analysis of such samples. in exercise of the powers conferred by section 9 read with section 76 of the ndps act, the central government has made the narcotic drugs and psychotropic substances rules, 1985 (for short, 'the ndps rules'). rule 2(c) defines the expression 'chemical examiner' to mean the chemical examiner or ..... of the accused was opium. the second ground is non- compliance of section 50 of the ndps act. 'opium' is defined in section 2(xv) of the ndps act. section 8 of the act, inter alia, prohibits the possession of any narcotic drug or psychotropic substances. section 9 relates to the power of the central government to permit, control and regulate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR2254; 2008AIRSCW5964; 2008(4)LH(SC)2896
..... section 52 provides for disposal of persons arrested and articles seized. section 52a provides for disposal of seized narcotic drugs and psychotropic substances; sub-section (2) whereof reads as under:(2) where any narcotic drugs or psychotropic substances has been seized and forwarded to the officer in charge of the nearest police station or to the ..... contains draconian provisions. it must, however, be borne in mind that the act was enacted having regard to the mandate contained in international conventions on narcotic drugs and psychotropic substances. only because the burden of proof under certain circumstances is placed on the accused, the same, by itself, in our opinion, would not ..... 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2006(10)SC8; RLW2007(1)SC774; 2006(11)SCALE391; (2007)1SCC355
..... he is in jail custody. charges were framed against him under section 8 read with section 22 of the narcotic drugs ] psychotropic substances act, 1985 ('1985 act', for short) and drugs and magic remedies (objectionable advertisement) act, 1954. an application for bail was moved by him before the special ..... provides for special provisions regarding manufacture, possession, transport, import-export, purchase and consumption of narcotic drugs and psychotropic substances for medical and scientific purposes. it, therefore, permits use of narcotic drugs and psychotropic substances for the purposes mentioned therein. rule 67-a does not abrogate the provisions of rule ..... sell, purchase, transport, warehouse, use, consume, import inter-state, export inter-state, import into india, export from india or transship any narcotic drug or psychotropic substance. the said provision contains an exception which takes within its fold all the classes of cases preceding thereto. use of the contraband for medical .....
Tag this Judgment!Court : Delhi
Reported in : 2000VIIAD(Delhi)1132; 2001CriLJ298; 88(2000)DLT458; 2000(55)DRJ660; 2000(72)ECC583; 2001(1)JCC43
..... activities and material on record. i am, thereforee, satisfied that there is compelling necessity to detain him under the prevention if illicit traffic in narcotic drugs and psychotropic substances act, 1988 with a view to preventing him from engaging in such activities. 32. i have carefully gone through all the documents referred ..... statement and material on record, and if not prevented, he is likely to continue indulging in illicit traffic in narcotic drugs and psychotropic substance. 31. even though prosecution proceedings under narcotic drugs and psychotropic substances act,1985 have been initiated against shri sanjay rajendra sharma sunil chhibber in the matter and even though he ..... , 1999. it was confirmed by the central government on 25th november, 1999 under section 9(f) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (hereinafter called the pitndps act) for one year. the said order has been assailed on many grounds but during arguments .....
Tag this Judgment!Court : Delhi
Reported in : 1989(3)Crimes146; 37(1989)DLT362; 1989(16)DRJ257; 1989(20)ECC28
..... under chapter iv and relating to coca plant, the opium poppy or cannabis plant and for this purpose references in those sections to narcotic drugs or psychotropic substances, shall be construed as including references to coca plant, the opium poppy and cannabis plant. section 51 makes the provisions of ..... , sale, purchase, transportation, warehousing, use, consumption, import inter-state, export inter-state, import into india, export from india or transhipment of any narcotic drug or psychotropic substance. this is subject to certain exceptions. section 15 to 32 create offences and provide for punishment thereof. punishment is quite severe. for instance section ..... inquires the central government to take all such measures as it deemed necessary or expedient for the purpose of preventing and combating abuse of narcotic drugs and psychotropic substances and the illicit traffic therein. section 8 prohibits cultivation of coca plant or gathering any portion of coca plant, cultivation of opium .....
Tag this Judgment!Court : Delhi
Reported in : 39(1989)DLT456
santosh duggal, j.(1) in this appeal, the appellant challenges his conviction for offences under section 21 of the narcotic drug & psychotropic substances act, 1985 (for short ndps act) as well as section 20 part ii of the aforesaid act, recorded by judgment dated 30th may, 1987 as also order of sentence passed separately on 2nd ..... absence of any corroboration from an independent source. a legal plea about the charge having been framed defectively for the offence under section 21 of the ndps act treating charas as a manufactured drug has also been taken up, with the added contention that this vitiates the trial because a prejudice has been caused to the case inasmuch as 'charas ..... he argued in the first, place that the view taken by the learned trial court that 'charas' was a manufactured drug was wholly incorrect in face of the definition as contained in section 2(xi) of the ndps act as against the definition contained in section 2(iii) of the act, and that in the absence of any notification .....
Tag this Judgment!Court : Delhi
Reported in : 1999VIAD(Delhi)765; 2000CriLJ108; 82(1999)DLT449; 1999(51)DRJ558
..... 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 two months. the petitioner is the accused in fir no.17/98 registered at police station, narcotic branch, kamla nagar, delhi under sections 21/61/85 of the ndps act. the case against the petitioner is ..... to the petitioner in exercise of the powers under section 482 of the criminal procedure code. i do not find any merit in this contention. section 37 of the ndps act starts with the non obstinate clause 'notwithstanding anything contained in the code of criminal procedure 1973'. hence in the matter of granting bail, the power of ..... under article 21 of the constitution of india. however, while dealing with an application for bail under the provisions of the code of criminal procedure and the ndps act, this court is bound by the provisions contained in those statutes and this court cannot overlook or over rule the provisions contained in those statutes. i .....
Tag this Judgment!Court : Delhi
Reported in : 130(2006)DLT463; 2006(90)DRJ60
..... or substances is not to be taken in considering whether a small quantity or a commercial quantity of the narcotic drug or psychotropic substance is recovered. only the actual content by weight of the narcotic drug or the psychotropic substance (as the case may be) is relevant for determining whether it would constitute a small quantity or ..... substances is not to be taken in considering whether a small quantity or a commercial quantity of the narcotic drug or psychotropic substance is recovered. only the actual content by weight of the narcotic drug or the psychotropic substance (as the case may be) is relevant for determining whether it would constitute a small quantity or ..... a commercial quantity.thus, the issue of determining small and commercial quantitiesby the actual content by weight of the narcotic drug or psychotropic substance (as the case may be) in a mixture with one or more neutral substances stood settled by ansar ahmed (supra). but, mr pawan .....
Tag this Judgment!Court : Gujarat
Reported in : 2004CriLJ2229; (2004)3GLR2129
..... 56 of 1998 and sessions case no.57 of 1998, by which, the appellants are convicted of the offence punishable under section 22 of the narcotic drugs and psychotropic substances act, 1985 ('ndps act' for short) as well as of the offence punishable under section 379 read with 114 of the indian penal code, and sentenced to suffer r ..... is no manner of doubt that each appellant was found in possession of small quantity of psychotropic substance. however, it is well settled that, as per section 27 of the ndps act, onus is on the person from whose possession narcotic drug or psychotropic substance is found to prove that the said quantity was for his personal use. in ..... plenary powers to the officers to seize in a public place or in transit any narcotic drug or psychotropic substance and to detain and search any person whom he has reason to believe has committed offence punishable under the ndps act. the only restriction is that those powers should be exercised by the officer of any department .....
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