Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 26 punishment for certain acts by licensee or his servants Court: chennai

Arif U. Patel Vs. Joint Secretary to the Govt. of India, Ministry of F ...

Court : Chennai

Reported in : 1995CriLJ1935

..... his remaining at large, was prejudicial to the maintenance of public order and also to the security of the state. in the pit ndps act, a narcotic drug any psychotropic substance are different and distinct and though the words 'illicit traffic' defined under section 2(e) of the act will be wide ..... specified categories appended to the schedule. he then referred to section 2(e) of the pit ndps act defining illicit traffic in relation to narcotic drugs and psychotropic substances and pointed out that narcotic drugs and psychotropic substances were two different and distinct entities and one cannot be confused with the other. thereafter, he ..... was to prevent the detenu from engaging himself in organised illicit traffic in narcotic drugs and psychotropic substances and as well engaging in abetting in the procurement and export of narcotic drugs and psychotropic substances. it was submitted, that narcotic drugs and psychotropic substances are distinct and different as was evident from section 2(14) .....

Badrilal Sharma Vs. State by the Intelligence Officer

Court : Chennai

..... the person to be searched to the nearest gazetted officer or magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or magistrate, proceed to ..... 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, or controlled substance in respect of which an office punishable under this act has been committed or any document or other article which may ..... which constitutes an offence punishable under any of the provisions of sections 19, 24 and 27-a and for offences involving commercial quantity of any narcotic drug or psychotropic substance and from the circumstances of the case it may be reasonably inferred that he was determined to carry out his intention to commit the .....

Shanthi Vs. Inspector of Police Nib Cid Chennai

Court : Chennai

Reported in : 2000(4)CTC335; 2000(72)ECC729

..... in possession of 500 grams and 200 grams of heroin respectively and therefore a case was registered under section 8(c) read with 21 of the narcotic drugs and psychotropic substances act. the learned government advocate further submitted that the search was conducted by a female warder alangaram of all women police station, thousand-lights, chennai ..... iv, or for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe 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 commission ..... building etc. in which he has reason to believe that such person has committed any offence punishable under chapter iv or has reason to believe any narcotic drug or psychotropic substance in respect of which an offence punishable under chapter iv is kept or concealed. 7. section 50 of the act stipulates conditions under which .....

Rathinam Vs. State, Rep. by Its Secretary to Government, Prohibition a ...

Court : Chennai

Reported in : 2005(1)CTC516; 2005(101)ECC659

..... grant bail by the court concerned more stringent than in ordinary course under the provisions of the code of criminal procedure, but section- 37 of the narcotic drugs and psychotropic substances act, 1985 does not rule out the imminent possibility of granting bail altogether.5.3. for the reasons aforesaid, the second contention of the ..... thai there is imminent possibility of the detenu coming out on bail, suffers from non-application of mind, it is apt to extract section 37 of the narcotic drugs and psychotropic substances act, 1985, which reads as follows:'section 37. offences to be cognizable and non-bailable. -(1) notwithstanding anything contained in the code of criminal ..... , a case was registered in crime no. 275 of 2004 under section 8(c) read with section 20(b)(ii)(a) of the tamil nadu narcotic drugs and psychotropic substances act, 1985, and the detenu was remanded to judicial custody.2. the detaining authority also referred to 6 adverse cases registered against the detenu in .....

Balaiah Alias Balu Vs. State

Court : Chennai

..... grams was seized from the appellant and one kutty belonging to bombay and they were charged under sections 8(c) r/w. section 21(c) of the narcotic drugs and psychotropic substances act, 1985, (hereinafter referred to as the act). on consideration of the evidence of the record, the learned special judge (essential commodities act cases court ..... the amending 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 (vii-a) in section 2, which defines this term as any quantity greater than a quantity specified by the central government by ..... the same 4 gm is mixed with 50 kg of powdered sugar, it would be quantified as a commercial quantity. in the mixture of a narcotic drug or a psychotropic substance with one or more neutral substance(s), the quantity of the neutral substance(s) is not to be taken into consideration while determining the .....

Muthu Vs. State Rep. by Narcotic Control Bureau, South Zonal Unit, Che ...

Court : Chennai

Reported in : 2002CriLJ3725

..... such places and effect search and seizure. therefore, section 42(1) would require the specific information with reference to the offence being committed and the place where the narcotic drug is kept or concealed. 11. a reading of deposition of pw-2 would make it clear that particulars, as required under section 42(1) have not been given ..... it clear that if the officer concerned has reason to believe from personal knowledge or information given by any person should take down in writing that any narcotic drug in respect of which an offence is punishable under iv has been committed or any document or other article which may furnish evidence of the commission of such ..... chellamuthu were searched and nothing was recovered. (c) after arrest, a-1 and a-2 were produced before court, which in turn ordered remand. sample of the narcotic drug was sent for chemical examination and pw-4 sent a report ex.p-14 stating that the powder was diacetyl morphine (heroin). after completion of the investigation, pw .....

Stanely Robert Vs. Assistant Collector (Customs) Customs and Airport C ...

Court : Chennai

Reported in : 2000(3)CTC342; 2000(120)ELT329(Mad)

..... was convicted in s.c.no.187 of 1990 on the file of ii additional session judge, trichy fro the offence under section 8(c) read with section 23 of narcotic drugs and psychotropic substances act, and section 135(a) of customs act and sentenced to undergo, r.i. for 12 years and in addition to pay a fine of rs.1,00 ..... complied with and some of the other provisions need not be complied with, as there are notification to that effect.24. section 52-a provides for the disposal of seized narcotic drugs. the learned special public prosecutor appearing for the respondent, while adverting to the alleged non-compliance of sub-section (2) of the section 52-a, would submit that the ..... grave men of charge against the appellant is that on 18.6.1990 atabout 3.45 p.m. at customs airport, tiruchy he was found in possession of266 gms, of narcotic drugs valued at rs.26,000 kept concealed in the shoesworn by him, in contravention of the provisions of an offence punishableunder sections 8(c) and 23 of the n.d .....

Radhakrishnan and anr. Vs. State by Inspector of Police

Court : Chennai

Reported in : 2005(2)CTC101

..... , the statutory rule as envisaged under section 167(2), cr.p.c should not be followed, since section 37 of the ndps act has been enacted by the legislature to eradicate drug traffic and psychotropic substance. according to the learned government advocate, the apex court held that while considering the bail under the special enactment, the ..... scc (crl) 665, which is by a bench of three judges, it is made clear that while considering the grant of bail application under section 37 ndps act, bail is automatic on account of default in filing complaint within the maximum period specified therein. the relevant portion of paragraph 10 is extracted hereunder:'the limitations on ..... seeking extension of time indicating the progress of investigation and nowhere it refers about the report of the public prosecutor as envisaged in section 36(a)(4) of ndps act. similar view is expressed by the apex court in its decision in hitendra vishnu thakur and ors. v. state of maharashtra and ors., 1994 scc (crl .....

Arumugham Vs. State Represented by Inspector of Police, Namagiri Petta ...

Court : Chennai

Reported in : 1999(1)CTC725; 2000(67)ECC61

..... he desires to be searched before a gazetted officer or a judicial magistrate. failure to inform a person to be searched would amountnon-compliance section 50 of narcotic drugs and psychotropic substance act which is mandatory and it would affect the prosecution case and vitiate the proceeding. especially, when no independent witness are available, the person who ..... of one kilogram of ganja. he was arrested on 21.1.19993. the learned counsel for the petitioner submits that provisions of section 42 and 50 of narcotic drugs and psychotropic substance act have not been followed.4. perused c.d. file. it appears, sub-inspector of police of namagiri pettai along with his party was patrolling ..... sum of rs.5000 (rupees five thousand only) with two sureties each for a like sum to the satisfaction of the special court (narcotic drugs and psychotropic substance act), salem, and on further condition that the petitioner shall appear before the respondent everyday at 10.30 a.m. for thirty days without fail. .....

Balasundaran Vs. State

Court : Chennai

Reported in : 2000(67)ECC30; 1999(113)ELT785(Mad)

..... 43 of the act, the condition prescribed in section 50 cannot be said to be mandatory. section 50 direct the authorised officer to take the person form whom a narcotic drug or psychotropic substance was seized from a public place to the nearest gazetted officer of any of the departments mentioned in section 42 or to nearest magistrate only if the person so ..... a decision of the apex court in state of punjab v. jasbir singh and ors., 1995 4 crimes 765 wherein it is observed as follows :-'protection given by section 50 ndps act, 1985 is a valuable right to the offender and compliance thereof intended to be mandatory.' it is necessary to state that the protection given by section 50 is of valuable .....