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 : Karnataka Kalaburagi
..... storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the official gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, ..... 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 ..... criminal procedure, 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 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the official gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, ..... 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 ..... criminal procedure, 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 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... entitled for the benefit under section 167(2) cr.p.c. under these circumstances, the respondents- accused are entitled for bail in accordance with the provisions laid down under the ndps act read with sections 437 and 439 cr.p.c. and accordingly they are entitled to work out the remedies under the said provisions.10. it is true that the bail ..... court cancelled the bail granted under section 167(2) of cr.p.c. aggrieved by that, the appeals were filed. in that case the accused were intercepted at hyderabad and narcotic substance was recovered at hyderabad and after investigation they came to know that accused started from omerga to chennai in a car and ..... narcotic substance was transported and recovery was also made at omerga factory and on a complaint submitted by intelligence officer, a case was registered at omerga police station also.25. the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... trial court was not justified in convicting the appellant for the offence under section 8(c) which is punishable under section 20(b)(ii)(c) of the narcotic drugs and psychotropic substances act, 1985. suffice to say in view of the legal irregularities, infirmities and factual inconsistencies, the prosecution has not been able to prove the guilt ..... sentence dated 11th january 2017 for the offence under section 8(c) which is punishable under section 20(b)(ii)(c) of the narcotic drugs and psychotropic substances act, 1985 (for short, "the ndps act") and sentenced to undergo rigorous imprisonment for a period of ten years and to pay a fine of rs.1,00,000/- and ..... order of conviction and sentence contended that the trial court has rightly convicted the appellant for the offence punishable under section 20(b)(ii)(c) of the ndps act and the impugned judgment and order of conviction and sentence does not suffer from any irregularity or illegality, which calls for interference at the hands of this .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... warrant to reject or trash the evidence of the police officers merely because they are police officers. in this regard, he would draw attention to offences particularly, under the narcotic drugs and psychotropic substances act, 1985, where the sole evidence would be that of police officers and the courts have repeatedly held that such evidence could not be negated in bringing home the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... warrant to reject or trash the evidence of the police officers merely because they are police officers. in this regard, he would draw attention to offences particularly, under the narcotic drugs and psychotropic substances act, 1985, where the sole evidence would be that of police officers and the courts have repeatedly held that such evidence could not be negated in bringing home the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... to (4) of sections 52a of the act are very relevant and they are extracted below: 52a (2). disposal of seized narcotic drugs and psychotropic substances: .... 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 ..... packed, country or 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) ..... the code of criminal procedure, 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 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... to (4) of section 52a of the act are very relevant and they are extracted below:52. (2). disposal of seized narcotic drugs and psychotropic substances: .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 ..... country of origin and other particulars as the officer referred to in sub- 14 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) certifying ..... the code of criminal procedure, 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 15 sub-section (2) and certified by the magistrate, as primary evidence in .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... in shahpur town near guttipet school of vidyanagar locality. the electrical meter of the said house, according to the prosecution, was r.r. 2918851. 12. ndps act provides for harsher punishment and therefore strict compliance of all the mandatory provisions is required. substantial compliance of the provisions would be no compliance in the eye of ..... arise for my consideration; (a) whether the trial court has considerate the evidence in right prospective keeping in mind the mandatory provisions of sections 42 and 57 of ndps act 1985? (b) whether the judgment of conviction and sentence is sustainable in law and on facts? (c) what order? reasons 9. the entire case of ..... . learned government pleader has supported the judgment of conviction and sentence on the ground of substantial compliance of mandatory provisions of section 42 and 50 of ndps act has been done and that there is no reason to disbelieve the version of the officer who conducted the raid and the other official witnesses. he has .....
Tag this Judgment!