Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 16 punishment for contravention in relation to coca plant and coca leaves Court: patna Page 1 of about 1 results (0.052 seconds)

Kenjengbam Arun Singh Vs. Union of India (Uoi)

Court : Patna

..... 2003crilj4996 . in the present case even the formalities required by section 42 of the ndps act had been completed as per evidence of pw-2 when in fact the provisions of section 43 would cover the action of the authorities as the seizure was made ..... by virtue of provisions under sections 41, 42 and 43 of the aforesaid act. the powers of a gazetted officer is particularly mentioned in section 41(2) of the ndps act. such power was noticed and accepted by hon'ble the supreme court in the case of m. prabhulal v. assistant director, directorate of revenue intelligence reported in : ..... attempt was made by learned counsel for the appellant to raise an issue that seizure of the contraband ganja was not in accordance with requirements under the provision of ndps act, 1985. on going through the materials on records, we find that on facts this submission has no legs to stand. it is found that the authorities .....

Rishikesh Bind and Surendra Kumar Vs. the State of Bihar

Court : Patna

..... p.s. case no. 124 of 2002 whereby the learned special judge has been pleased to convict both the appellants under section 20(b)(ii)(b) of the narcotic drugs & psychotropic substances act (hereinafter referred to as 'the act') and accordingly, convict rishikesh bind has been sentenced to undergo rigorous imprisonment for a period of three years and ..... bihari singh, antu sah and others are involved. rishikesh bind also disclosed that in the year, 1990 also he was arrested with ganja for which a case bearing ndps act case no. 7/90 was instituted and in that case he was convicted and sentenced to undergo rigorous imprisonment for 14 months. after doing all the formalities pw ..... do not find any merit in both these appeals and as such, both the criminal appeals are hereby dismissed and conviction and sentence passed against the appellants in ndps act case no. 21/2002 are hereby upheld and confirmed. appellant surendra kumar is on bail and as such, his bail bonds are cancelled and he is further .....

Nandu Sharma Vs. State of Bihar

Court : Patna

..... 50,000/- and in default whereof to undergo six months r.i. for committing the offences punishable under section 21(b) of narcotics drugs and psychotropic substances act 1985 (for short ndps act) and 25 of the ndps act. the appellant, krishna bhagwan sharma (cr. appeal no. 516/2007) and appellant ram babu sharma (cr. appeal no. 515/ ..... undergo one year r.i. for committing the offences punishable under section 21(c) and 25 of ndps act.3. the records indicate that altogether five accused persons stood charged for possessing and manufacturing the drug like substance (heroine). the learned trial court acquitted two of them and convicted the present appellants as ..... articles/substance/powder so seized from the possession of these appellants were found to be diacetyl morphile, commonly known as heroine which is prohibited under ndps act, 1985.28. counsel for the appellants strenuously argued that the recoveries so effected from the possession of appellant nandu sharma and the vehicle occupied by .....

Ajit Yadav Vs. State of Bihar

Court : Patna

..... how the matter has been placed before us.3. the act, has been enacted by the parliament in the national interest and to control the trafficking of narcotic drugs and psychotropic substances. the settled law of interpretation is that the legislature speaks through the words used in the enactment and if the words are clear. the literal ..... of reference made by one of us (r.s. garg. j).2. the question for determination in this case is as to whether the ganja is a narcotic drug or psychotropic substances or not. a division bench of this court in the case of rajendra prasad v. the state of bihar, reported in 2004 (2) east cr c ..... 228 (pat) : 2004 (3) pljr 249 has held that ganja does not fall within the definitions of the narcotic drug and psychotropic substance and possession of ganja is not an offence punishable under the provisions of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the act). when this judgment was relied upon by the counsel appearing for .....

Umesh Kumar and Heera Lal Soni Vs. the State of Bihar

Court : Patna

..... should inform the empowered officer who should thereafter proceed in accordance with the provisions of the ndps act. if he happens to be an empowered officer also, then from that stage ..... when such search is completed at that stage section 50 of the ndps act would not be attracted and the question of complying with the requirements thereunder would not arise. if during such search or arrest there is a chance (of) recovery of any narcotic drug or psycotrophic substance then the police officer, who is not empowered, ..... it necessary to set out our conclusions which are as follows:(1) if a police officer without any prior information as contemplated under the provisions of the ndps act makes a search or arrests a person in the normal course of investigation into an offence or suspected offence as provided under the provisions of cr.p. .....

Phalli Sah Vs. the State of Bihar

Court : Patna

..... of 88 laid down manner for seizure and sampling of the illicit substance. it runs as follows: place and time for drawal of sample.- samples from the narcotic drugs and psychotropic substances seized, must be drawn on the spot of recovery, in duplicate, in the presence of search (panch) witnesses and the person from whose possession the ..... paragraph-10, the necessity to follow the instruction has been discussed, which is as follows:10. the instructions issued by the narcotics control bureau, new delhi ..... drug is recovered, and a mention to this effect should invariably be made in the panchnama drawn on the spot.8. in decision reported in 2002 scc vide .....

Rama Shankar Mishra Son of Ram Dayal Mishra Vs. the State of Bihar

Court : Patna

Reported in : 2009(57)BLJR2834

..... sentence dated 08.01.1998 passed in g.r. case no. 10 of 1996/07 of 1997 by which he has been convicted under section 27(b)(i) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the act') to undergo rigorous imprisonment for three years and also to pay a fine of rs. 10,000/-, and in default ..... the other hand, submits while referring to sub-clause (ii) of section 52(a) of the act that the seizure list and any other materials such as photographs of the drugs or substance would be considered to be primary evidence for the purposes of the act.11. in the present case, there is a seizure list and that would naturally be .....

Subhash Prasad and ors. Vs. State of Bihar

Court : Patna

..... of bachcha prasad, all being residents of village kesharia. the prosecution has not brought any evidence on record to show that they indulged in trade of ganja or narcotic drugs. there is no evidence on record that the ganja which was recovered from the house of vishwanath prasad and sukhari prasad were brought by them. there is no ..... conduct search and seizure and to institute a case.18. the act provides stringent measures for control and regulation of operation relating to drugs and psychotropic substances, obviously with a view to check trafficking in drug which is a menace to the society. at the same time legislature has taken care by inserting certain provisions in the act to ..... effect that she had played any role in concealing the ganja in the house. in the aforesaid circumstances, the prosecution has failed to establish the charge under the ndps act.21. now remains the case of sukhari prasad, who in custody since the date of raid i.e. on 12.1.2002. learned counsel appearing on behalf .....

Binod Yadav Vs. the State of Bihar and ors.

Court : Patna

..... paragraph 14 in the said judgment the apex court proceeded to consider the right to make a representation in the light of relevant provisions in the cofeposa act and pit ndps act and finally concluded in paragraph 46 that since the representation of the person detained was not considered by the officer making the order of detention the high court was in ..... upon judgment of the supreme court in the case of state of maharashtra v. santosh shankar acharya, : 2000crilj3939 . that case was under maharashtra prevention of dangerous activities of slumlords, bootleggers, drug-offenders and dangerous persons act, 1981. section 8(1) of the act categorically provided that an earliest opportunity of making a representation against the order to the state government should .....

Prabha Devi Wife of Sri Ramdayal Sah Vs. the State of Bihar

Court : Patna

Reported in : 2009(57)BLJR2991

ordersheema ali khan, j.1. the sole appellant has been convicted under section 23(c) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the act') to undergo rigorous imprisonment for ten years in customs case no. 51 of 2000. the appellant has almost completed the sentence .....