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Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 21 punishment for contravention in relation to manufactured drugs and preparations Page 1 of about 148 results (0.142 seconds)

Jun 17 2013 (HC)

M.Veludurai Vs. the State Represented Byo.R.No.1 of 200

Court : Chennai

..... may do well by forwarding the samples taken from the remaining contrabands in the custody of the courts for purity test to estimate the percentage of narcotic drug/psychotropic substance in the mixture or preparation. in pending criminal appeals, the report of purity test may be received as additional evidence under section 391 of the ..... issued in s.o.no.1055(e) of the central government, it is absolutely necessary to conduct purity test to ascertain the exact quantity of the narcotic drug/psychotropic substance contained in the said mixture or preparation. in the absence of purity test, as indicated, the contraband seized shall be construed only as a small ..... nor a preparation falling within the sweep of entry no.239 and if the contraband is a narcotic drug/psychotropic substance simplicitor, there is no need for purity test and in such cases, the entire quantity of narcotic drug/psychotropic substance shall be taken into consideration for deciding as to whether the same is a small quantity .....

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Dec 18 2017 (HC)

smt.bulbul vs.state

Court : Delhi

..... defined small quantity and section 2(vii a) defined commercial quantity as follows: section (viia) of the narcotic drugs and psychotropic substances act, 1985 (amended) (viia) commercial quantity , in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the central government by notification in the official ..... : notification specifying small quantity and commercial quantity in exercise of the powers conferred by clauses (viia) and (xxiiia) of section 2 of the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) and in supersession of ministry of finance, department of revenue notification s.o. 527 (e) dated 16th ..... supersession, the central government hereby specifies the quantity mentioned in columns 5 and 6 of the table below, in relation to teh narcotic drug or psychotropic substance mentioned in the corresponding entry in columns 2 to 4 of the said table, as the small quantity and commercial quantity respectively .....

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Oct 07 1997 (HC)

Rajeev Kumar Vs. State of Punjab

Court : Punjab and Haryana

Reported in : 1998CriLJ1460

..... by rajiv kumar whereby he has sought the quashing of fir no. 59 dated 18-7-1996 registered at police station, sirhind under section 22 of the narcotic drugs & psychotropic substances act, 1985 (hereinafter called as act of 1985) against him and consequential proceedings.2. it has been averred by him that he is proprietor of ..... of drugs and cosmetics act, 1940 for which complaint lies by the drugs inspector to the court and not fir and not prosecution by the police. so, this criminal misc. petition is allowed and fir no. 59 dated 18-7-1996 of police station, sirhind under section 22 of the narcotic drugs & psychotropic substances act ..... established in therapeutic practice. 14. in exercise of the powers conferred by sub-section (1) of section 52-a of the ndps act, the central government has specified the following narcotic drugs and psychotropic substances, namely :-1. narcotic drugs :(i) opium(ii) morphine(iii) heroin(iv) ganja(v) hashish(vi) codeine(vii) thebaine(viii) cocaine(ix) poppy .....

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Apr 27 2010 (HC)

Kashmir Chand Son of Mathura Dass and anr. Vs. Central Bureau of Inves ...

Court : Punjab and Haryana

..... , manufacture, possess, sell, purchase, transport, warehouse, use, consume, import interstate, export inter-state, import into india, export from india or transship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this act or the rules or orders made ..... india which-(a) would constitute an offence if committed within india; or(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute ..... the prescription of a registered medical practitioner only:(c) if it contains a substance specified in schedule h and comes within the purview of the (narcotic drugs and psychotropic substances act, 1985 (61 of 1985)} be labelled with the symbol nrx which shall be in red and conspicuously displayed on the left top corner .....

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Mar 14 2018 (HC)

Arvind Kumar Saxena vs.state

Court : Delhi

..... commercial quantity as under : - 2. definitions. in this act, unless the context otherwise requires, viia) "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the central government by notification in the official gazette; and thus clearly as in terms ..... 1055(e) dated 19.10.2001 issued by the central government, does not make him culpable even allegedly qua the possession of any commercial quantity of any narcotic drug and that the alleged recovery of 250 gms. of heroine fell into the intermediary quantity for the purpose of the sentence that could be imposed on him ..... on behalf of the state, the application is vehemently opposed submitting initially inter alia to effect that the applicant was in possession of 250 gms. of a narcotic manufactured drug, which fell within the ambit of commercial quantity and thus the offence was punishable beyond a period of 10 years apart from imposition of fine.8. at .....

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May 07 2010 (HC)

Kasem Babu Mondal Vs. the State of West Bengal and anr.

Court : Kolkata

..... . in our considered opinion, learned trial court was not justified in convicting the present appellant/petitioner for the offence under section 21(c) of the narcotic drugs and psychotropic substances act.61. impugned judgment dated 11th of july, 2007 and order dated 12th of july, 2007 passed by the learned trial court be accordingly ..... c.b. crime no. 19/ncb/cal/2004). learned trial court held the appellant/convict guilty of the offence punishable under section 21(c) of the narcotic drugs and psychotropic substance act, 1985. the appellant thereby was sentenced to suffer rigorous imprisonment for a period of 10 years and to pay fine of rs. 1,00 ..... the legal position, as referred to earlier.44. it cannot be disputed that ndps act is an act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substance and for matters connected therewith.45. as held in the case between .....

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Nov 02 2011 (HC)

Uoi Vs. Farid

Court : Delhi

..... whereby respondent, who is a afghanistan national, has been acquitted on the charges under section 21(c) and 23(c) read with section 28 of the narcotics drugs and psychotropic substance act, 1985 (hereinafter referred to as ndps act).2. in brief the facts of the case are that on 02.06.2007, respondent, who is holder of afghanistan passport arrived at igi airport by ..... revenue intelligence), delhi zonal unit, lodhi road, new delhi and have given the following observations:-"1) there are no guidelines of crcl functions for second test in respect of the narcotic drugs. 2) a) illicit seized ndps materials of natural, semi-synthetic in origin i.e. opium, charas, ganja and heroin etc non-homogeneous in nature, hence, if re-sampled, sample variation .....

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Dec 23 2011 (HC)

M.VeluduraIn Vs. the State

Court : Chennai

..... may do well by forwarding the samples taken from the remaining contrabands in the custody of the courts for purity test to estimate the percentage of narcotic drug/ psychotropic substance in the mixture or preparation. in pending criminal appeals, the report of purity test may be received as additional evidence under section 391 of ..... in case of a mixture or preparation with or without a neutral substance, the entire quantity of mixture/preparation shall be decisive as to whether the narcotic drug/psychotropic substance is a small quantity or commercial quantity. as held in harijit singh's case, cited supra, the said notification is only prospective in its ..... michael raj's case, purity tests were not conducted and as a result, there is likelihood of the accused, involved in crimes involving commercial quantities of narcotic drug/psychotropic substance, to escape with minimum punishments. in our considered opinion, the said apprehension is real. but, the law is not helpless. even after filing .....

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Apr 22 2009 (HC)

Kamlesh Patidar Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2009CriLJ4161; RLW2009(3)Raj2472

..... decide as to whether it is a small or commercial quantity. in para 19 of the aforesaid judgment, the hon'ble apex court observed that narcotic drug or psychotropic substance is found mixed with one or more natural substance shall be taken into consideration. in the given facts, since heroin was recovered, the judgment ..... bhandari, j.1. heard learned counsel for the parties and perused the record of the case.2. a case was registered under the provisions of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act'). the allegation is that while s.h.o., police station bhawani mandi was on patrolling, then he ..... xxiiia) and section 2(viia) provide definition of small and commercial quantity are quoted hereunder:section 2(xxiiia) - 'small quantity', in relation to narcotic drugs and psychotropic substance, means any quantity lesser than the quantity specified by the central government by notification in the official gazette.section 2(viia) - 'commercial quantity', in .....

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Dec 04 2012 (HC)

Present:- Mr. D.S. Pheruman Advocate Vs. State of Punjab

Court : Punjab and Haryana

..... the liability of a person in possession of narcotic drug and psychotropic substance after november 17, 2009 and that there is no necessity to conduct pure content test to ascertain the exact quantity of narcotic drug/ psychotropic substance and manufactured drug. following the said judgment in parmanand versus state ..... of haryana and others.crm m-33959 of 2012 decided on november 2, 2012, a coordinate bench of this court had dismissed the petition of a chemist who was found in possession of manufactured drugs without valid licence issued under the ndps act ..... thereafter vide notification not s.o.1055 (e) dated october 19, 2001, the quantities in relation to narcotic drugs and psychotropic substances were specified pertaining to the narcotic drugs and psychotropic substances mentioned in column no.2 to column no.4. the relevant portion of the notification dated october 19 .....

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