Court : Karnataka
Reported in : 2008CriLJ4425; ILR2008KAR4166; ILR2008(4)Kar4166; 2008(4)KCCRSN251; 2008(5)AIRKarR408; 2008CriLJ4425;
..... on record and taking note of entry 56 and entry 239 of the notification dated 19.10.2001 issued by the central government for each of the narcotic drugs/psychotropic substances listed therein, the court held that what is to be seen is the content of heroin by weight in the mixture and not weight of the ..... where he has reason to believe an offence punishable under this act has been committed, in a 'public place', he has the power to proceed to seize any narcotic drug or psychotropic substance. the expression 'public place' has been explained to include any public conveyance, hotel, shop or other place intended for use by, or accessible to, the public ..... order of the state governments if he has reason to believe from personal knowledge or information green by any person and taken down in writing that any narcotic drug, or psychotropic substance, or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which may furnish .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1720; 2008CriLJ2250; JT2008(4)SC523; 2008(2)KLT36(SC); RLW2008(4)SC3549; 2008(4)SCALE592; (2008)5SCC161; 2008AIRSCW2365; AIR2008SC1720; 2008(5)SCC161; (2008)2SCC(Cri)558; 2008CriLJ2250; 2008(2)AICLR793
..... act, the sentence structure underwent a drastic change. the amending act for the first time introduced the concept of 'commercial quantity' in relation to narcotic drugs or psychotropic substances by adding clause (viia) in section 2, which defines this term as any quantity greater than a quantity specified by the central government by ..... before such supersession, the central government hereby specifies the quantity mentioned in columns 5 and 6 of the table below, in relation to the narcotic drug and psychotropic substance mentioned in the corresponding entry in columns 2 to 4 of the said table, as the small quantity and commercial quantity respectively for the ..... the official gazette; section 2(xxiiia) (inserted by amending act 9 of 2001 w.e.f 2.10.2001) 'small quantity', in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the central government by notification in the official gazette;section 2(xvi)'opium derivative' means-(a .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(1)BomCR483
..... interference by this court. the learned public prosecutor also submitted that accused/appellant vinod has failed to discharge burden under section 27 of the ndps act, 1985 that the narcotic drug or the psychotropic substance found in his possession, though in small quantity, was meant for his personal consumption and, therefore, section 27 of the act is ..... available at side and have not been produced. it may be stated here that in the matters relating to search and seizure of contraband like narcotic drugs or psychotropic substances, everybody does not want to be involved in the conduct of search and seizure procedure and unless the witnesses given their consent to accompany ..... government by the notification in the official gazette. (2) where a person is shown to have been in possession of a small quantity of a narcotic drug or psychotropic dubstance, the burden of proving that it was intended for the personal consumption of such person and not for sale or distributon, shall lie on such .....
Tag this Judgment!Court : Mumbai
Reported in : 2003BomCR(Cri)26; 2002CriLJ4502
..... been convicted for offences punishable under provisions of section 21 read with section 8(c) and section 28 read with section 23 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to an 'ndps act' for convenience). the appellant has been sentenced to undergo r.i. for 10 years and to pay fine of rs. 1,00 ..... while giving the evidence before the court and more importantly not telling the truth about the fact that they had a previous information about the narcotic drug or about finding of the narcotic drug. in that context, she has also pointed out that without interrogating the accused-appellant, without opening the said bag, the secret chamber of ..... , katpitia has raised a question in her submission by saying that as to how pw issac and gautam were knowing before interrogating appellant that there would be narcotic drug found in the said bag which, as per the prosecution case, the appellant was possessing, without opening that bag. and again in that case, what was .....
Tag this Judgment!Court : Gujarat
Reported in : 1997CriLJ1549; (1996)1GLR395
..... or with fine or with both. section 27 provides for punishment for illegal possession in small quantity for personal consumption of any narcotic drug or psychotropic substance or consumption of such drug or substance. if there is a contravention as provided in sub-section (a) of section 27, punishment provided is imprisonment for ..... a number of recommendations for strengthening the existing law. in the light of the recommendations of the cabinet sub-committee and the working of the narcotic drugs and psychotropic substances act, in the last three years, it is proposed to amend the said act. these amendments, inter alia, provide for the following ..... patel, jj.) referred this matter to a larger bench as in the view of the division bench, the convict under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the ndps act) cannot be released on parol or bail and consideration of sympathy cannot be permitted to overshadow the consideration regarding security of the .....
Tag this Judgment!Court : Gujarat
Reported in : 2000(71)ECC425; (1999)3GLR699
..... in sessions case no. 228/91. the appellant herein (for short `the accused') came to be convicted under section 20(b) of the narcotic drugs & psychotropic substances act (for short `ndps act') and was sentenced to suffer rigorous imprisonment for 10 years and fine of rs.1,00,000, in default to suffer rigorous imprisonment for a period ..... by ms. rohini acharya, learned advocate for the appellant-accused. she first referred to the notes appearing on page 675 and onwards from law of narcotic drugs and psychotropic substances by prahlad prasad gupta, 1998 edition. she read before us the note inter alia saying that except the provision contained in section 55, no ..... general procedure laid down in standing instruction no. 1/88 so far may be applicable, may be followed and drawal, storage, testing of samples of narcotic drugs and psychotropic substances, in relation to which some offender is sought to be prosecuted for contravention of any provisions of the act or rules framed thereunder.'we may .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3127
..... present case.on a plain reading of section 52a, it is clear that it provides for, `disposal of seized narcotic drugs and psychotropic substances'. having regard to the hazardous nature of a narcotic drug or psychotropic substance, their vulnerability to theft, substitution, constraints of proper storage space or any other relevant consideration, the act has ..... 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 or psychotropic substances and any list of samples drawn under sub.section (2) and certified by the magistrate, as primary evidence in respect of such offence.'in ..... vs. state of goa, reported at : 2000crilj3485 , has observed as under :'learned counsel tried to highlight a point that section 50 of the narcotic drugs and psychotropic substances act has not strictly been complied with by pw 8, the officer who conducted the search. according to the learned counsel for the appellant, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(2)ALD352; 1999(1)ALD(Cri)504; 1999(1)ALT(Cri)518; 1999CriLJ2465
..... of the state government if he 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, in respect of which an offence punishable under chapter iv has been committed or any document or other article which may furnish evidence of the ..... suspicion they stopped the van. thus, the circumstances in this case disclose that pws.l and 2 stopped the van because of suspicion that they might contain narcotic drugs or psychotropic substances and that before actual search and seizure, by a casual look through the window of the car, they observed certain paper packets which smelt fike 'ganja ..... (a3) along with other accused (a1 and a2) have been convicted for the offence under section 8(c) read with section 20(b)(i) of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act') and sentenced to undergo rigorous imprisonment for a term of five years.2. the facts relating to this appeal may .....
Tag this Judgment!Court : Delhi
Reported in : 123(2005)DLT563
..... (supra), by a notification dated 19th october, 2001, the central government specified the 'small quantity' and 'commercial quantity' for each of the narcotics drugs/psychotropic substances listed therein. in the table appended to the said notification, at entry no. 56, heroin has been specified and the small quantity has ..... is not to be taken while considering whether a small quantity or a commercial quantity of the narcotic drug or psychotropic substance is recovered. only the actual content by weight of the narcotic drug or the psychotropic substance (as the case may be) is relevant for determining whether it would constitute a ' ..... quantity'.a7. i have heavily relied upon the supreme court decision in basheer (supra) because it succinctlygives the genesis of the classification of narcotic drugs and psychotropic substances into 'small quantities' and 'commercial quantities' and the reasons and object for such classifications, namely, rationalisation of the sentencing structure. let .....
Tag this Judgment!Court : Gujarat
Reported in : 1995CriLJ3751; (1996)1GLR219
..... 264 of 1991 have preferred this appeal. this appeal is filed against the judgment and order of conviction under section 20(b)(ii) of narcotic drugs and psychotropic substances act, 1985 (ndps act) and under section 66(1)(b) of the bombay prohibition act. each of the appellants was awarded r.i. for 10 years and ..... purchase and consumption of poppy straw, etc. now chapter iv deals with various offences and penalties for contravention in relation to opium poppy, coca plant, narcotic drugs and psychotropic substances and prescribes deterrent sentences. the provisions of chapter v deals with the procedure regarding the entry, arrest, search and seizure. chapter v-a deals ..... committed any offence punishable under chapter iv or for search of any building, conveyance or place in which they have reason to believe that any narcotic drug or psychotropic substance in respect of which an offence punishable under chapter iv has been committed is kept or concealed. section 42, empowers certain officers to .....
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