Court : Gujarat
Reported in : (2000)1GLR137
..... at the conclusion of trial, the learned sessions judge convicted the accused (appellant herein) of the offences punishable under section 20(b)(2) of the narcotic drugs and psychotropic substances act, (`ndps act' for short), and sentenced to undergo rigorous imprisonment for a period of 12 years with fine of rs. 100000, in default to undergo rigorous imprisonment ..... knowledge or information given by any person and taken in writing that any person has committed an offence punishable under chapter iv or that any narcotic drug, or psychotropic substance in respect of which any offence punishable under chapter iv has been committed or any document or other article which may furnish evidence of ..... be drawn for sampling.___ the quantity to be drawn in each sample for chemical test shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances save in the cases of opium, ganja and charas (hashish) where a quantity of 24 grams in each case is required for chemical test .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002CriLJ28; 2002(1)WLC692; 2002(1)WLN545
..... convicted accused appellants labh singh, major singh and mangal singh for the offence under section 8/21,29 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'ndps act'), accused appellant mohd. arshad for the offence under sections 23 and 29 of the ndps act and accused appellants arvinder singh and harjeet singh @ pappa for the offence under section 29 of the ..... the effect that one lab singh (accused appellanl), resident of amritsar would be going to bombay via bikaner in truck no. wmq 3348 (hereinafter referred to as the truck) with narcotic drugs (heroin) concealed in the subject truck on 22-24.5.1996. that information was reduced into writing by pw 8 s. parmeshwaran and the same is ex.p/28 and .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(2)BomCR259
..... of the state government, if he has reason to believe from personal knowledge or information given by any person and taken down in writing, that any narcotic drug, psychotropic substance, in respect of which an offence punishable under chapter iv has been committed or any document or other article which may furnish evidence of the commission ..... personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under chapter iv or that any narcotic drug, or psychotropic substance in respect of which any offence punishable under chapter iv has been committed or any document or other article which may furnish evidence of the ..... iv, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe any narcotic drug or psychotropic substance in respect of which an offence punishable under chapter iv has been committed or any document or other article which may furnish evidence of the .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(4)BomCR22
m.s. rane, j.1. the petitioner herein is an intelligence officer in narcotic control bureau working under the provisions of narcotic drugs & psychotropic substances act, (hereinafter referred to as the said ndps act for brevity sake). respondent no. 1 is one of the accused in a case being ndps special case no. 284 of 1992 ..... on the file of special judge, greater bombay for the various offences registered under the provisions of the said ndps act, customs ..... .p.c. comes across a person being in possession of the narcotic drugs or psychotropic substances then two aspects will arise. if he happens to be one of those empowered officers under the ndps act also then he must follow thereafter the provisions of the ndps act and continue the investigation as provided thereunder. if on the other .....
Tag this Judgment!Court : Mumbai
Reported in : 2000CriLJ3409
..... sabharwal, c.j.1. the appellant was prosecuted for an offence punishable under section 20(b)(ii) and section 27 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the ndps act'), on the allegations that on 29th february, 1996, an information was received that he was possessing and selling brown sugar in his ..... that the concerned officer, if he has reason to believe from personal knowledge or information given by any person and taken down in writing, that any narcotic drug, in respect of which an offence punishable under chapter iv has been committed, he may enter such premises, conduct search and effect seizure and arrest without ..... from the police station. it does not record the reason of belief contemplated by section 42(1) of the ndps act. alternatively, assuming that the officer to whom the information was given about the appellant selling narcotic drug at his residence was p.w.6, in that eventuality, he was required to record reasons to believe .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(2)MPHT77(CG)
..... imposed by or a corresponding punishment provided for by or under this act for thecultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within india.'section 82 which deals with repeals and savings reads as under :--82. repeal and savings.-- (1) the opium act, 1857 ..... then such state act would stand saved. as a corollary, it would mean that where the central act/ndps act, 1985 imposes any restriction or provides for punishment in relation to some narcotic drugs and psychotropic substances which are greater in degree in relation to punishment, then the provisions of the state act shall stand ..... , learned counsel for the state has opposed the application.4. undisputedly, before enforcement of ndps act, 1985, different laws were covering different fields relating to narcotic drugs and psychotropic substances. the opium act, 1857, the opium act, 1878, the dangerous drugs act, 1930 and the m.p. excise act, 1915 were dealing with the possession .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998CriLJ3915
..... , 1973 for grant of bail to the accused persons who have been arraigned as aceused under section 20(b)(i) of the narcotic drugs and psychotropic substances act, 1985 (for short 'ndps act') came up for hearing before dipak misra, j. wherein learned counsel for the applicants, relying on a single bench decision of ..... enacted with a view to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances. that being the underlying object and particularly when the provisions of section 37 of ndps act are in negative terms limiting the scope of the applicability of the provisions of cr.p.c ..... , which is a special act, shall override the provisions of the criminal procedure code. the ndps act, 1985 has been enacted with a view to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances. that being the underlying object and particularly when the provisions of section 37 .....
Tag this Judgment!Court : Orissa
Reported in : 1997(1)ALT(Cri)3; 82(1996)CLT743; 1996(II)OLR56
..... impression was given by its side. pw 4, the deputy superintendent of excise, stated that nothing was written on the original paper packets with which the narcotic drugs were found wrapped but those articles along with the original wrappers were packed with papers and thereafter the paper slips were pasted and sealed. he further stated ..... criminal appeal no. 227 of 1991 is at the instance of taraprasad mohanty. all the three appellants stand convicted under section 21 of the narcotic drugs and psvchotropric substances- act, 1985 ('ndps act'). each of them has been sentenced to uncargo rigorous imorisonment for 10 years and pay fine of rupees one lac each, in default to ..... of charas and 11/2 grams of heroin and cash of rs. 111/- supposed to be the sale proceeds of the narcotic drugs. appellant taraprasad also stood charged under section 21 of the ndps act for being in illegal possession of 4 grams of heroin. along with the afforesaid appellants, golap manjari, wife of appellant surendranath .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1872; 1995(1)BLJR6; 1994CriLJ3702; 1994(1)Crimes753(SC); 1994(70)ELT481(SC); JT1994(2)SC108; 1994(I)OLR(SC)327; 1994(1)SCALE793; (1994)3SCC299; [1994]2SCR208
..... for consideration is whether any arrest and search of a person or search of a place without conforming to the provisions of the narcotic drugs and psychotropic substances act, 1985 ('ndps act' for short), become illegal and consequently vitiate the conviction. the trial court in these cases acquitted the accused on the ground that ..... purchase and consumption of poppy straw etc. chapter iv deals with various offences and penalties for contravention in relation to opium poppy, coca plant, narcotic drugs and psychotropic substances and prescribes deterrent sentences. the provisions of chapter v deals with the procedure regarding the entry, arrest, search and seizure. chapter va deals ..... any offence punishable under chapter iv or for search of any building, conveyance or place in which they have reason to believe that any narcotic drug or psychotropic substance in respect of which an offence punishable under chapter iv has been committed, is kept or concealed. section 42 empowers certain officers .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2001(1)ALD(Cri)71; 2001ALLMR(Cri)163(SC); 2001(1)BLJR221; 2001CriLJ165; 2000(72)ECC457; 2001(1)KLT86(SC); 2000(7)SCALE446; (2000)8SCC590; [2000]Supp4SCR539; 2001(1)LC212(SC
..... recovering 'ganja' from his possession the appellant was taken into custody on november 21, 1990. under section 20(b)(i) of narcotic drugs and psychotropic substances act, 1985 (for short 'the narcotic drugs & psychotropic substances act'), a charge was laid against him by the excise inspector on february 20, 1991, whereas the statutory notification under which ..... the proviso thereto, he shall forthwith send a copy thereof to his immediate official superior.10. sub-section (1) of section 41 of the narcotic drugs & psychotropic substances act enables a metropolitan magistrate or a magistrate of the first class or any magistrate of the second class who is especially empowered by the ..... of recovery of illicit material on search and seizure made by an excise inspector, not authorised under sections 41(2) or 42(1) of the narcotic drugs & psychotropic substances act, no charge could have been laid against the appellant so the high court ought to have quashed the impugned proceedings.5. mr. mukul .....
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