Court : Punjab and Haryana
..... challenged the judgment dated 25.9.2001, pronounced by the court of special judge, gurdaspur, who held the appellant guilty of offence under section 20 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as '1985 act'), and sentenced him to undergo rigorous imprisonment for a period of ten years and to pay a fine ..... court observed as under:16. on going through amarsingh case (supra), we do not find that the court was considering the question of mixture of a narcotic drug or psychotropic substance with one or more neutral substance/s. in fact that was not the issue before the court. the black-coloured liquid substance was taken as an ..... with one or more neutral substance/s, for the purpose of imposition of punishment it is the content of the narcotic drug or psychotropic substance which shall be taken into consideration.17. in the present case, the narcotic drug which was found in possession of the appellant as per the analyst's report is 60 gms. which is more .....
Tag this Judgment!Court : Punjab and Haryana
..... is apposite to examine the judgments that have been cited at the bar by both the sides. in rajendra prasad's case (supra), in a trial for offences under the ndps act 1985, there was negligence on the part of public prosecutor as he closed the evidence of the prosecution twice without verifying whether cross examination of two material witnesses had been ..... of the recalled witnesses hostile to the case of the prosecution. in support reliance is placed upon the decisions of the hon'ble supreme court reported as rajendra prasad vs. narcotic cell (1999)6 scc 110, raghunandan vs. state of u.p. air 1974 sc 463, p. chhagan lal daga vs. m. sanjay shaw (2003)11 scc 486, p sanjeeva rao .....
Tag this Judgment!Court : Punjab and Haryana
..... 10.1.2003, passed by the learned additional sessions judge, fatehabad, vide which the appellant was convicted under section 15 (e) of the narcotic drugs and psychotropic substances act, 1985 (in short 'the ndps act') and was sentenced to undergo rigorous imprisonment for 10 years and fine of rupees one lac, in default thereof, to further undergo rigorous ..... ' on the sample parcel and residue and directed the investigating officer to deposit the case property with mhc. 3. the accused was charge-sheeted under section 15 of the ndps act. in supported of its case, the prosecution examined charanjit singh, dsp (pw1), asi guriya ram (pw2), si som raj (pw3), hc tarsem singh (pw4) and ..... with in the present case. here the recovery is from the open fields. therefore, the provisions of section 42 of the ndps act are not attracted. similarly, the provisions of section 50 of the ndps act are also not attracted in the present case since it is not a case of personal search. accused was sitting on .....
Tag this Judgment!Court : Punjab and Haryana
..... . 1. the present appeal is directed against an order passed by learned judge, special court, jalandhar on 05.02.2011 convicting the appellant for an offence under section 20 of narcotic drugs and psychotropic substances act, 1985 (for short 'the act') and sentenced him to undergo rigorous imprisonment for 12 years and to pay a fine of rs. 1 lakh and in default ..... find that though the recovery is of 6 kg of charas but keeping in view the fact that there is no previous history of the appellant of being indulgent in narcotics, we find that the sentence of 10 years would be adequate sentence. 11. consequently, we allow the present appeal to the extent of sentence so as to undergo 10 years .....
Tag this Judgment!Court : Punjab and Haryana
..... the appellant, kuldeep singh, was held guilty for having committed the offence punishable under section 29, read with section 21(c) of narcotic drugs and psychotropic substances act, 1985, (hereinafter referred to as the ndps act), and ordered to undergo rigorous imprisonment for ten years, besides payment of fine of rs. 1,00,000/- (rupees one lac ..... dated 03.05.2013, the charge was amended and the appellant was charge-sheeted for having committed the offences punishable under sections 21 and 29 of ndps act. since the public prosecutor proposed not to lead any further evidence and the defence counsel also consented not to further cross-examine the prosecution witnesses already examined ..... the learned trial court heard the arguments and held the appellant guilty for having committed the offence punishable under section 29, read with section 21(c) of ndps act, and ordered him to undergo rigorous imprisonment for ten years, besides payment of fine of rs. 1,00,000/- (rupees one lac only) and in .....
Tag this Judgment!Court : Punjab and Haryana
..... 09.2014 in case fir no. 107, dated 11.08.2011, registered at police station julkan, district patiala for the offence punishable under section 18 of the narcotic drugs psychotropic substances act, 1985. he has been sentenced to undergo rigorous imprisonment for 12 years, besides, pay a fine of rs. 1,00,000/- and in ..... matter. the petitioner, as already noticed, has been ordered to undergo rigorous imprisonment for 12 years consequent to his conviction in a case under the narcotic drugs and psychotropic substances act. during incarceration of a prisoner in jail after his conviction he is entitled for temporary release on parole which though is a concession and ..... prisoners and the petitioner is liable to be released on temporary basis on parole. there is no question of his jumping the parole or indulging in narcotic drugs and psychotropic substances. besides, there was/is no material before the superintendent of police, partapgarh to record such a report. in any case it is submitted that .....
Tag this Judgment!Court : Punjab and Haryana
..... , 2010(3) mlj (criminal) 55, discussed the meaning of the word 'conscious possession'. explaining this term, it was observed that possession in terms of the narcotic drugs and psychotropic substances act, 1985 must be 'conscious possession'. in that case, there were 13 bags containing 'ganja' which were kept behind the driver's seat in the ..... his possession 800 gms of charas without any permit or license thereby committing an offence punishable under section 20 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter to be referred as the ndps act). vide order on sentence dated 5.4.2004, appellant-accused was sentenced to undergo rigorous imprisonment for 10 years ..... of village girawar on patrolling and checking of crime. at about 5.15 pm, he received secret information against rajbir (accused) that he indulges in narcotic drugs and was coming from village girawar on his scooter bearing no.hr-15-1333. in the meanwhile, the aforesaid scooter came from the village girawar side .....
Tag this Judgment!Court : Punjab and Haryana
..... him back. it is alleged that the police had subsequently registered a false case by way of fir no.87 dated 15.10.2013 under section 21/22 of the narcotic drugs and psychotropic substances act, 1985 at police station maqboolpura against raju on the allegations that he was arrested near gaushala roundabout on 15.10.2013 and 105 intoxicating capsules were recovered .....
Tag this Judgment!Court : Punjab and Haryana
..... .p.c. for grant of regular bail to the petitioner in case fir no.4 dated 08.01.2015 registered under sections 22/61/85 of the narcotic drugs and psychotropic substances act, 1985 at police station cantt. ferozepur, district ferozepur. 2. learned counsel for the petitioner submits that the petitioner has falsely been implicated in the ..... case. not only the violation of section 50 of ndps act is there but even no offer of being searched before the gazetted officer or the magistrate was given at ..... 1100 tablets of intoxicating tablets and only one strip was sent for chemical examination. the petitioner was arrested on 08.01.2015 and no other case under ndps act is pending against him. learned counsel also submits that same controversy was in case titled as des raj v. state of punjab, criminal misc. no.23142 .....
Tag this Judgment!Court : Punjab and Haryana
..... by the learned judge, special court, sangrur, vide which accused-appellant kulwant singh alias gudu has been held guilty and convicted for the offence punishable under section 18 of the narcotic drugs and psychotropic substances act, 1985 (here-in-after referred as to 'the act') and the order on quantum of sentence of the even dated, vide which the appellant has been sentenced .....
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