Court : Kerala
Reported in : 2006(1)KLT511
..... of the abkari act 1 of 1077 (in short 'the act') and section 22 of the narcotic drugs and psychotropic substances act (ndps act). at about 3.30 p.m. on 2.9.2005, the preventive officer, excise enforcement and anti-narcotic special squad along with party went to the toddy shop no. 33/05-06 of ottappalam excise ..... diazepam. it is not disputed that it is a schedule drug. under schedule h of the drugs and cosmetics rules permitted doses of diazepam can be used with prescription. it is also not disputed that diazepam is mentioned as a psychotropic substance under the narcotic drugs and psychotropic substances act, 1985 and it is item no. 194 in ..... the notification published under sub-clause vii(a) and xxiii(a) of section 2 of the ndps act specifying small quantity and commercial quantity. diazepam is a benzodiazepine derivative. .....
Tag this Judgment!Court : Kerala
Reported in : 2001(1)ALT(Cri)302; 2001CriLJ2131
..... this provision, where an empowered officer who 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 commission ..... empowered officer has the power of seizure of the article etc., and for arrest of a person who is found to be in possession of any narcotic drug or psychotropic substance in a public place where such possession appears to him to be unlawful.10. the said decision, according to me, contains clear and categoric ..... a joint reading of s. 42(1) and s. 42(2) of the ndps act therefore makes it very clear that the requirement in s. 42(2) will be attracted only to a case where the information relates to the availability of narcotic drug or psychotropic substance in a 'building, conveyance or enclosed place' as distinct from their availability in .....
Tag this Judgment!Court : Kerala
Reported in : 2005(4)KLT39
..... 'intoxicating drug' has been further amended to delete 'any psychotropic substance, narcotic drug or psychotropic drug regulated by the ndps act'. the definition of 'intoxicating drug' under the abkari act after the said amendment reads as follows:--(14) 'intoxicating drug means any intoxicating substance other than a narcotic drug or psychotropic substance regulated by the narcotic drugs and psychotropic substances act ..... punishment provided for by or under this act for the cultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within india'.the act of the state legislature referred to in the said section, so far as the state of kerala ..... , purchase, transport, warehouse, use, consume, import inter state, export inter-state, import into india, export from india or tranship 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 .....
Tag this Judgment!Court : Kerala
Reported in : 2001(2)ALT(Cri)383; 2002(81)ECC645
..... the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the conditions and the manner in which narcotic drugs and psychotropic substances shall be supplied for medical necessity to the addicts registered with the state government and others under sub-s. (1) of s. 71; (b) the ..... 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 ..... s.i. etc. to exercise the power of entry, search-seizure and arrest without warrant or authorization mentioned under s. 42 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as ndps act) cannot be acted upon as the same is not placed before the legislature and made it a rule. s. 42 of the .....
Tag this Judgment!Court : Kerala
Reported in : 1996CriLJ1031
..... referred to a division bench by a learned single judge for deciding the question as to whether trial conducted by the sessions court for offence under the narcotic drugs and psychotropic substances act, 1985, for short 'ndps act', is illegal in view of the order of commitment passed by the magistrate under section 193 of the code of criminal procedure, for short 'the code'.2 ..... in the following terms:-'36-d. transitional provisions.- (1) any offence committed under this act on or after the commencement of the narcotic drugs and psycho-tropic substances (amendment) act, 1988, until a special court is constituted under section 36, shall, notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), .....
Tag this Judgment!Court : Kerala
Reported in : 2002(2)ALT(Cri)457
..... is of a baggage held by a person, the section would not strictly apply. if a person is carrying a bag or some other article with him and a narcotic drug or a psychotropic substance is found in it, it cannot be said that it was found from his person. in view of the aforesaid decisions, what can be found is that the ..... some variations. pw. 7 stated that he was contacted over wireless by the flying squad unit no. 1 to inform that a person with a cover suspected to contain narcotic drug had been detained and that after recording the information in the g.d. and reportingthe matter to the official superior, he went over to the saritha theatre along with pw9 ..... the squad was stationed near the ksrtc bus stand, direction was received from the control room that the squad should reach the saritha theatre immediately as a person with some narcotic drug was available in one of the first class seats of the theatre. accordingly, the party reached the theatre at 11.50 p.m. and when they climbed up towards .....
Tag this Judgment!Court : Kerala
Reported in : 2002(1)ALT(Cri)443; 2002CriLJ456; 2002(81)ECC653
..... kerala (1999 (3) klt 133). the only question to be resolved in this case is whether mandate of section 50 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the ndps act') is satisfied if accused is informed of and offered his legal right to be searched in the presence of a gazetted officer without mentioning ..... to be searched in the presence of the nearest magistrate or gazetted officer and failure to inform him about such right is violation of section 50 of the ndps act? we have to consider whether substantive compliance of requirements of section 50 is enough in the absence of likelihood of prejudice to the accused in the procedure ..... court while deciding mani's case. 6. for considering the question of law referred to us, we may first look into the section itself. section 50 of the ndps act provides as follows: '50. conditions under which search of persons shall be conducted:- (1) when any officer duly authorised under section 42 is bout to search any .....
Tag this Judgment!Court : Kerala
Reported in : 2002CriLJ4374
..... severe, does not thereby become unconstitutional. he cited several instances. section 37 of the narcotic drugs and psychotropic substances act, 1985 (for short, 'ndps act') which imposes severe limitation on the right of the court to grant bail. section 37 of the ndps act declares every offence under the said act to be cognizable and imposes severe limitation on ..... rs. 10,000/- to rupees two lakhs. similarly, the heavy nature of the punishment that the court is to impose indicates that the offences against ndps act were treated as heinous crimes by parliament intended to be severely punished. similarly, under the tada act and theabkari act also, there are stringent punishments for ..... are also not in agreement with the submission of the learned advocate general that the situation contemplated by kesma is equivalent in seriousness to that under the ndps act, fera act, tada act or the abkari act. true, that serious maladies require strong remedies. but, we are unable to accept the contention of .....
Tag this Judgment!Court : Kerala
Reported in : 1998CriLJ1322
..... the above crimes are registered for offences under the kerala abkari act (hereinafter referred to as 'the abkari act') and the narcotic drugs and psychotropic substances act (hereinafter referred to as 'the ndps act'). the petitioners before me are either abkari contractors who have taken the licence for running toddy shops or the employees in their ..... 1997 and the crime was registered on 20-7-1997. as already staled, the first information report does not contain any offence under the ndps act and no psychotropic substance was recovered from the godown. on 28-7-1997, the circle inspector of police forwarded the requisition to the magistrate for examination ..... was only after receiving the certificate from the chemical examiner, cochin that the offence, viz. section 22 of the ndps act, was incorporated. the learned counsel for the petitioners submitted that no psychotropic substance was recovered from the godown of the petitioners. whatever recovered were yeast and sugar. he contended that the .....
Tag this Judgment!Court : Kerala
Reported in : 2002(2)ALT(Cri)476
..... has given to the person concerned having regard to the grave consequences that may entail the possession of illicit article under the ndps act. it appears to have been incorporated in me act keeping in view the severity of the punishment. the rationale behind the provision is even otherwise manifest. the ..... constitution of the apex court in state of punjab v. baldev singh ((1999) 6 scc 172) went into the requirements of compliance with section 50 of the ndps act and found as follows:'25. to be searched before a gazetted officer or a magistrate, if the suspect so requires, is an extremely valuable right which the legislature ..... who was the sub inspector of police of punalur police station.3. the learned counsel for the appellants submitted that there is violation of section 50 of the ndps act and that the appellants are therefore entitled to get an acquittal.4. on the arguments advanced in the case, the points that arise for decision are:(1) .....
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