Court : Orissa
Reported in : 1992CriLJ491
..... -a of the act. from the conspectus of penal provisions, it is apparent that the object was to make strigent provision for the control and regulation of operation relating to narcotic drugs and psychotropic substances. section 37 of the act was substituted by the act 2 of 1989 with effect from 29-5-1989. the object is to restrict grant of bail in ..... ordera. pasayat, j.1. the ambience of section 37 of the narcotic drugs and psychotropic substances act, 1985 (in short the 'act') is the subject-matter of adjudication in these applications for bail. point involved being of singular importance, learned counsel for the parties have ..... certain specified cases which the legislature thought to be grievous in nature. the offences are non-bailable by virtue of level of punishments. but on technical grounds, drug offenders were being released .....
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 : Orissa
Reported in : 91(2001)CLT75
..... as already noted it was 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. regarding bail, in our view ..... 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 drug and phychotropic substances, (to provide for the forfeiture of property derived from, or used in illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of international convention on narcotic drugs and psychotropic substances) and for matters connected therewith,'8. the scope .....
Tag this Judgment!Court : Orissa
Reported in : 75(1993)CLT225; 1992(I)OLR421
..... 1989. the main objects of the amending act are (i) to bring certain controlled substances which are used for manufacture of narcotic drugs and psychotropic substances under the ambit of narcotic drugs and psychotropic substances act and to provide deterrent punishment for violation thereof, (ii) to provide that no sentence awarded under the act ..... be quoted herein below in extenso :'36-d. transitional provisions-- (1) any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 19s8 until a special court is constituted under section 36, shall, notwithstanding anything contained in the code of criminal procedure, 73 ..... forwarded to it by a magistrate in terms of section 36-a(1)(c). all these questions involve interpretation of the provisions of the narcotic drugs and psychotropic substances act, 1985 (in short 'the act'). before examining the questions posed, it would be appropriate for us to notice that the parliament .....
Tag this Judgment!Court : Orissa
Reported in : 1997(I)OLR130
dipak misra, j.1. the appellant has been convicted under sec. 21 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as ('the act') for being in possession four packets of heroin in violation of the provisions of the act and has been sentenced to ..... case'. it may presume '(e) that judicial and official acts have been regularly performed'. there is no room for such presumption because the possession of illicit articles under the ndps act has to satisfactorily established before the court. the fact of seizure thereof after a search has to be proved. when evidence of the search is given all that transpired in ..... that burden is on the prosecution to prove due compliance of the aforesaid provision and there is no question of presuming that such requirement of section 50(1) of the ndps act was complied with.' in the aforesaid case, though it was stated by the investigating officer in court that despite the accused person being made aware, the right granted under .....
Tag this Judgment!Court : Orissa
Reported in : 75(1993)CLT803; 1993CriLJ1908; 1993(I)OLR464
..... act is a special enactment and was enacted with a view to making a stringent provision for the control and regulation of operations relating to narcotic drugs and psychotropic substances. it is of course true that in the aforesaid case, the question of a juvenile delinquent being involved in commission of an offence ..... against the order of the special judge, keonjhar, who has refused the petitioner's prayer for bail, as he is involved in a case under the narcotic drugs and psychotropic substances act (hereinafter referred to as the 'n. d. p. s. act'). the said question is whether in view of section 18 of the ..... an urgent need for the enactment of a comprehensive legislation on narcotic drugs and psychotropic substances which should contain provisions for exercising effective control over the psychotropic substances and the law should make provision for the implementation of international convention relating to narcotic drugs and psychotropic substances to which india was also a party.as our .....
Tag this Judgment!Court : Orissa
Reported in : 1995CriLJ82; 1994(II)OLR70
..... 4-1990 around 10 a. m. and recovered from his pant pocket ten grams of heroin in a paper packet.on trial he was convicted under section 21 of the narcotic drugs and psychotropic substances act (for short, the 'act') and sentenced him to undergo r.i. for ten years with a fine of rupees one lakh which he assails in this ..... depend on the facts and circumstances of each case. but situation may arise while carrying out such search under the code they come across any substance covered under the ndps act and the question of complying with the provisions of the said act including section 50 at that stage would not arise. when the contraband article is seized during such ..... argued that pw 7 on the direction of pw 5 was exercising the powers under sections 100/165 of the criminal procedure code and, therefore, no authority was needed under the ndps act. the apex court in the case of balbir (supra) has also taken note of such situation and observed in para 8 of the judgment that while acting under the .....
Tag this Judgment!Court : Orissa
Reported in : 1995(II)OLR54
..... 19-11-1992 passed in s. t. no. 108/92, the learned session judge, sundargarh has convicted the appellant under section 20(b)(i) of the narcotic drugs and psychotropic substances act, 1985 (for short 'the ndps act') and sentenced him to undergo r. i. for five years and to pay a fine of rs. 50,000/- and in default of payment of fine, to ..... that if an officer empowered has reason to believe from personal knowledge or information given by any person and taken down in writing that any narcotic drug or psychotropic substance is kept or concealed in building, conveyance or enclosed place between sunrise and sunset should search such building, conveyance or place and in case of resistance, break open any .....
Tag this Judgment!Court : Orissa
Reported in : 2000(I)OLR32
..... the 30th may, 1989 is quoted below :'s.o.309(e) - in exercise of the powers conferred by the first proviso to section 8 of the narcotic drugs and psychotropic substances act. 1985 (61 of 1985), the central government hereby specifies the 13th december, 1989 as the date from which the prohibition against the production, possession, ..... manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-state, export inter-state, import into india, export from india or tranship any narcotic drugs 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 thereunder ..... j.1. the petitioner in this revision assails the judgment and orders passed by the courts below convicting him under section 20(b)(i) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter called as 'the n.d.p.s. act') and sentencing him to imprisonment for a period of six months and .....
Tag this Judgment!Court : Orissa
Reported in : 94(2002)CLT772; 2003(85)ECC770
..... p. k. tripathy, j.1. appellant challenges his conviction under section 15 of the narcotic drugs and psychotropic substances act, 1985 (in short 'the n.d.p.s. act'). 2. appellant was prosecuted ..... to his house and when he returned he signed on the seizure-list on the information of p.w. no. 4 that narcotic substances were recovered from the appellant. capitalising on that learned counsel for the appellant argued that p.w. no. 2 was not ..... i). because of the smell which was emitting from the article inside the gunny bag, p.w. 4 suspected that to be containing narcotic substances and after intimating in writing about the intention to conduct search and whether appellant wanted his search in presence of a gazetted officer ..... superior officer about detection of the case ext. 9 and the forwarding letter ext. 7 and report of the chemical examiner of the stage drugs control and research laboratory, bhubaneswar ext. 10. 4. at the stage of consideration of charge, accused pleaded not guilty and claimed for .....
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