Court : Supreme Court of India
..... that the occurrence took place at 7.30 a.m. this very witness was facing cases of varying types starting from theft, dacoity, double murder and the cases under the ndps act. he is also a dismissed police constable. according to this witness, he saw only suresh carrying the gun and shooting the deceased. this testimony was not corroborated by all the .....
Tag this Judgment!Court : Karnataka
..... have some bearing while considering the prayer for bail in relation to offences under the 1967 act as well. notably, under the special enactments such as tada, mcoca and the narcotic drugs and psychotropic substances act, 1985, the court is required to record its opinion that there are reasonable grounds for believing that the accused is not guilty of the alleged offence. there .....
Tag this Judgment!Court : Supreme Court of India
..... , 203 a sitting judge of gujarat high court. as per the said criminal complaint shri sanjiv bhatt and his subordinate police officers allegedly planted 1 1/2 kg of narcotic drug in one room in a hotel at palanpur, gujarat, which was shown as occupied by the said complainant, though he was a pali (rajasthan) at that time. ..... shri r.r. jain, a sitting judge of gujarat high court. as per the said criminal complaint shri sanjiv bhatt and his subordinate police officers planted 1 kg of narcotic drug in one room in a hotel at palanpur, gujarat, which was shown as occupied by the said complainant though he was at pali (rajasthan) at that time. ..... the meantime, on the complaint of shri sidheshwar puri, secretary, bar association, pali (rajasthan), national human rights commission, taking a very serious view of this false case under ndps act, vide its order dated 15-09-2010 asked govt. of gujarat to pay a sum of rs. one lakh as monetary relief to shri sumersingh, advocate pali. significantly, gujarat .....
Tag this Judgment!Court : Supreme Court of India
..... . the prisoner should be a citizen of india.1224. the following categories of prisoners shall not be eligible for release on furlough: i. prisoners convicted under sedition, terrorist activities and ndps act. 12 ii. prisoners whose immediate presence in the society may be considered dangerous or otherwise prejudicial to public peace and order by the district magistrate of his home district or .....
Tag this Judgment!Court : Supreme Court of India
..... 16, 17, 18, 23, 24, 29 and 32 (b) (e) of the narcotic drugs 1 for short the dri page 1 of 9 petition for special leave to appeal (criminal) no.8942 of2021and psychotropic substances act, 19852, relating to seizure of 236.622 kgs. of narcotics drug, heroin near jakhau port, gujarat on 21st & 22nd may, 2019 in a joint ..... a charge sheet before the nia special court, ahmedabad against the 6 arrested pakistani nationals and the petitioner herein for offences related to the attempted smuggling of the narcotic drug, heroin. he pointed out that as per the charge sheet, nine pakistani nationals who are absconding, have been shown as wanted accused and their role in ..... gujarat from pakistan through the sea route. during his interrogation, the captain of the pakistan flag ship, al madina stated that delivery of the consignment of the narcotic drugs had to be made at a particular position on the sea for which a communication was to be sent on vhf to the indian counterpart. communication channel .....
Tag this Judgment!Court : Supreme Court of India
..... cultivating any plant, in contravention of any of the provisions of the u.p. excise act, 1910 (u.p. act no.4 of 1910) or the narcotic drugs and psychotropic substances act, 1985 or any other law for the time being in force, or (iii) occupying or talking possession of immovable property otherwise than in accordance with law, or setting- .....
Tag this Judgment!Court : Karnataka
..... bail, accruing after expiry of the stipulated time-limit for investigation. thus, if the 21 accused applies for bail under section 167(2) crpc read with section 36-a(4), ndps act upon expiry of 180 days or the extended period, as the case may be, the court must release him on bail forthwith without any unnecessary delay after getting necessary information ..... of maharashtra, (1992) 4 scc272:1992. scc (cri) 870]. where speaking for the majority, ahmadi, j.referred with approval to the law laid down in rajnikant jivanlal v. narcotics control bureau [rajnikant jivanlal v. narcotics control bureau, (1989) 3 scc532:1989. scc (cri) 612]. wherein it was held that: (scc p. 288, para9) 9. 13. the right to bail under section 167 .....
Tag this Judgment!Court : Supreme Court of India
..... 7003/ 2021) (11) the condition in section 43d(5) of the act of 1967 has been understood to be less stringent than the provisions contained in narcotic drugs and psychotropic substances act, 1985, as already noticed by us. we would think that in the nature of the case against the appellant, the evidence which has already ..... the following observations cannot be overlooked: 12. even in the case of special legislations like the terrorist and disruptive activities (prevention) act, 1987 or the narcotic drugs and psychotropic substances act, 1985 ( the ndps act ) which too have somewhat rigorous conditions for grant of bail, this court in paramjit singh v. state (nct of delhi) [paramjit singh v. state ..... us to enlarge the respondent on bail is that section 43-d(5) of the uapa is comparatively less stringent than section 37 of the ndps act. unlike the ndps act where the competent court needs to be satisfied that prima facie the accused is not guilty and that he is unlikely to commit another offence .....
Tag this Judgment!Court : Karnataka
..... that the charge-sheet was filed within the 180 days time limit provided in section 167 (2) cr.pc r/w section 36(a)(4) of the narcotic drugs & psychotropic substances act (ndps act). (c) along with the charge-sheet, the io also filed before the special court on 04.07.2020 itself several documents in terms of section 173 ( ..... .30 of 2021 registered for offences punishable under sections 25 and 3 of the indian arms act, 1959 and sections 8(c), 20(b)(ii)(c) of the narcotic drugs & psychotropic substances act, 1985 ( the act for short). 32. brief facts leading to the filing of the present petition, as borne out from the pleadings, are as ..... emphasis on standing instructions of government in standing instructions no.1/88. the standing instructions read as follows: narcotics control bureau, new delhi standing instructions no.1/88 1.18 expeditious test. 28 expeditious analysis of narcotic drugs and psychotropic substance is of essence to all proceedings under n.d.p.s. act, 1985. in many cases the .....
Tag this Judgment!Court : Karnataka
..... . therefore, a deeper delving into the issue is not warranted. the apex court in the case of gangadhar @ gangaram v. state of madhya pradesh1 considering identical provisions of the narcotic drugs and psychotropic substances act, 1985 has held as follows: 8. the presumption against the accused of culpability under section 35, and under section 54 of the act to explain possession satisfactorily, are ..... , enabling provisions granting power to 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 onerous. a heightened scrutiny test would .....
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