Court : Karnataka
..... with regard to the interim disposal of the property. (10) learned trial magistrates/leaned sessions judges are hereby directed to ensure the disposal of the property in respect of narcotic 33 drugs and psychotropic substances as per the directions of the hon ble supreme court in the case of union of india vs. mohanlal and another, reported in (2016) 3 supreme court cases .....
Tag this Judgment!Court : Karnataka
..... 1872) or the criminal procedure code, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of [narcotic drugs, psychotropic substances, controlled substances or conveyances]. and any list of samples drawn under sub-section (2) and certified by the magistrate, as primary evidence in respect ..... packed, country of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs, psychotropic substances, controlled substances or conveyances in any proceedings under this act and make an application, to any magistrate for the purpose of (a) ..... officer and in such manner as that government may, from time to time, determine after following the procedure hereinafter specified. (2) where any narcotic drugs, psychotropic substances, controlled substances or conveyances]. has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered .....
Tag this Judgment!Court : Karnataka
..... question registration of a crime in crime no.329 of 2024 for offences punishable under sections 8(c), 22(b), 22(c), 22(a), 27(b), 25, 27 of the narcotic drugs and psychotropic substances act, 1985 ( the act for short) and sections 290 and 294 of the ipc.2. heard sri prabhuling k.navadgi, learned senior counsel appearing for the petitioner and ..... freely distributed in the said premises, police conducted a search, which results in seizure of several narcotic drugs and psychotropic substances. the seizure panchanama included drugs like ganja, mdma pills, cocaine, hydro-ganga and other psychotropic substances. the premises was sealed, most of the persons tested positive towards consumption of drugs. the petitioner is roped in as accused no.6. the reason for the petitioner being .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... indi in crime no.105/2023-24/1006ie/100606 for the offences punishable under sections20b)(ii)(b), 25,61,8(b),8(c), 15(c) and18c) of narcotic drugs and psychotropic substances act, 1985, now pending on the file of the hon ble principal district and sessions judge, vijayapura. this petition, coming on for admission this day, ..... of rules and section 52(a) provides - 9 - nc:2024. khc-k:5691 crl.p no.200895 of 2024 guidelines for disposal of the seized narcotic drugs and psychotropic substances. the central government has issued new notification only for further clarification. but, there is no clarification in respect of the release of the vehicle for ..... interim custody.12. section 60(3) and section 63 of the ndps act read as under: section 60(3): any animal or conveyance used in carrying any narcotic drug or psychotropic substance 2[or controlled substances]., or any article liable to confiscation under sub-section (1) or sub- section (2 .....
Tag this Judgment!Court : Karnataka
..... arising out of special c.no.131 of 2019 concerning crime no.94 of 2018 registered for offences punishable under sections 8c and 20(b)(ii)(b) of the narcotic drugs and psychotropic substances act, 1985 ( the act for short).2. heard sri mahantesh shettar, learned counsel appearing for the petitioner and sri p thejesh, learned high court government ..... of 2 (2022) 12 scc6339 indulging in drug trafficking. it has not been denied by the prosecution that except for the respondent in slp (crl.) no.1569 of 2021, none of the other respondents were found to be in possession of commercial quantities of psychotropic substances, as contemplated under the ndps act.12. it has been held in clear ..... the sequence in which the said statement came to be recorded completely discredits the reliability thereof. anwarkhan(a-1) was apprehended at the bus stand with the packet of narcotic drug at around 4 :30. p.m. his signatures had been taken on the panchnama(exhibit-30) prepared at 9 :00. p.m. and thus, it does .....
Tag this Judgment!Court : Karnataka
..... precious fundamental right guaranteed under article 21 of the constitution of india and as such, conditional liberty overriding the statutory embargo created under section 37(1)(b) of the ndps act may, in such circumstances, be considered.27. the hon ble supreme court in the case of javed gulam nabi shaikh vs. state of maharashtra and another- 2024 ..... as follows: prolonged incarceration and inordinate delay engaged the attention of the court, which considered the correct approach towards bail, with respect to several enactments, including section 37 of ndps act. the court expressed the opinion - 23 - nc:2024. khc:27365 crl.p no.927 of 2023 c/w crl.p no.9417 of 2023 crl.p no. ..... of fundamental rights. the same view is reiterated in the case of mohd. muslim alias hussain s case supra, after rigor under section 37(1)(b) of the ndps act was considered by the hon ble supreme court.25. the hon ble supreme court in the case of satender kumar antil vs. central bureau of investigation - (2022) .....
Tag this Judgment!Court : Karnataka
..... precious fundamental right guaranteed under article 21 of the constitution of india and as such, conditional liberty overriding the statutory embargo created under section 37(1)(b) of the ndps act may, in such circumstances, be considered.27. the hon ble supreme court in the case of javed gulam nabi shaikh vs. state of maharashtra and another- 2024 ..... as follows: prolonged incarceration and inordinate delay engaged the attention of the court, which considered the correct approach towards bail, with respect to several enactments, including section 37 of ndps act. the court expressed the opinion - 23 - nc:2024. khc:27365 crl.p no.927 of 2023 c/w crl.p no.9417 of 2023 crl.p no. ..... of fundamental rights. the same view is reiterated in the case of mohd. muslim alias hussain s case supra, after rigor under section 37(1)(b) of the ndps act was considered by the hon ble supreme court.25. the hon ble supreme court in the case of satender kumar antil vs. central bureau of investigation - (2022) .....
Tag this Judgment!Court : Karnataka
..... precious fundamental right guaranteed under article 21 of the constitution of india and as such, conditional liberty overriding the statutory embargo created under section 37(1)(b) of the ndps act may, in such circumstances, be considered.27. the hon ble supreme court in the case of javed gulam nabi shaikh vs. state of maharashtra and another- 2024 ..... as follows: prolonged incarceration and inordinate delay engaged the attention of the court, which considered the correct approach towards bail, with respect to several enactments, including section 37 of ndps act. the court expressed the opinion - 23 - nc:2024. khc:27365 crl.p no.927 of 2023 c/w crl.p no.9417 of 2023 crl.p no. ..... of fundamental rights. the same view is reiterated in the case of mohd. muslim alias hussain s case supra, after rigor under section 37(1)(b) of the ndps act was considered by the hon ble supreme court.25. the hon ble supreme court in the case of satender kumar antil vs. central bureau of investigation - (2022) .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the official gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, ..... of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs, psychotropic substances, controlled substances or conveyances in any proceedings under this act and make an application, to any magistrate for the purpose of ..... criminal procedure, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of narcotic drugs, psychotropic substances, controlled substances or conveyances and any list of samples drawn under sub-section (2) and certified by the magistrate, as primary .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the official gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, ..... of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs, psychotropic substances, controlled substances or conveyances in any proceedings under this act and make an application, to any magistrate for the purpose of ..... criminal procedure, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of narcotic drugs, psychotropic substances, controlled substances or conveyances and any list of samples drawn under sub-section (2) and certified by the magistrate, as primary .....
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