Court : Mumbai
..... that no application under this sub-section shall be made in relation to goods to which section 123 applies or to goods in relation to which any offence under the narcotic drugs and psychotropic substances act 1985 (61 of 1985) has been committed; provided also that no application under this sub-section shall be made for the interpretation of the classification of the .....
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..... the appellate tribunal or any court. e. the said goods are not covered by the notification issued under section 123 of the customs act, 1962 nor any offence under the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) has been committed f. the present application is not made for interpretation of the classification of the goods under the customs tariff act ..... that no application under this sub-section shall be made in relation to goods to which section 123 applies or to goods in relation to which any offence under the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) has been committed: provided also that no application under this sub-section shall be made for the interpretation of the classification of the .....
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..... out of crime no.ii56 of 2014 registered by kashimira police station for the offence punishable under sections 8(c), 20 and 22 of the narcotic drugs and psychotropic substances act (in short, "the ndps act") on 29/09/2014, same are decided by the common judgment and order. 2. in the present crime, there are in all four ..... stalks. for want of such description, the description mentioned in the seizure panchnama would be too short to bring the case within the ambit of provisions of ndps act, and further observed that the legislature in its wisdom has specifically excluded seeds and leaves, and has specifically mentioned that cannabis means fruiting or flowering tops and ..... counsel for the applicant had also relied upon the order of this court having similar set of facts in a bail application moved under the provisions of ndps act, wherein this court has held that on failure to describe the contraband seized under the seizure panchnama, there is nothing to establish that whatever samples forwarded .....
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..... the burden on the accused to prove innocence, is not foreign to indian legal system. he relies on several enactments such as essential commodities act, narcotic drugs and psychotropic substances act, wild life protection act, foreign exchange regulation act and foreign exchange management act, food adulteration act, customs act, etc. where burden to ..... krishna janardhan bhat's case (supra). a statute itself may expressly place a pursuasive burden on the accused. for example, if contraband like narcotic drug or psychotropic substance is seized from the possession of any person and such possession and seizure are established, the burden of proving that such possession was ..... not an offence under the narcotic drugs and psychotropic substances act lies on such person. if the person fails to account for such possession satisfactorily, section 54 of that act draws a presumption .....
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..... serious violation of prison discipline; (13) prisoners convicted for offences such as dacoity, terrorist crimes, kidnapping, smuggling including those convicted under the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) and foreigner prisoners; (14) prisoners convicted for failure to give surety for maintaining peace or good behaviour ..... considered for release on furlough:- (13) prisoners convicted for offences such as dacoity, terrorist crimes, kidnapping, smuggling including those convicted under the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) and foreigner prisoners; 5. the learned counsel for the petitioner submitted that the petitioner is convicted ..... the petitioner is that other prisoners also who had been convicted for the offences of kidnapping or for terrorist crime or under the narcotic drugs and psychotropic substances act used to be earlier released on furlough, however, after the circular, they have not been granted furlough. the petitioner .....
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..... serious violation of prison discipline; (13) prisoners convicted for offences such as dacoity, terrorist crimes, kidnapping, smuggling including those convicted under the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) and foreigner prisoners; (14) prisoners convicted for failure to give surety for maintaining peace or good behaviour ..... considered for release on furlough:- (13) prisoners convicted for offences such as dacoity, terrorist crimes, kidnapping, smuggling including those convicted under the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) and foreigner prisoners; 5. mr. yashpal thakur, the learned counsel for the petitioner submitted that the ..... if furlough leave is to be refused to prisoners convicted for offences such as dacoity, terrorist activities, kidnapping, smuggling, including those convicted under ndps act (61 of 1985) and foreigner prisoners, then, that has a definite nexus with the object sought to be achieved. in introducing penal .....
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..... following observations in ritesh chakarvarti vs. state of m.p., (2006) 12 scc 3221 : (2007) 1 scc (cri) 744: "16. in a case under the ndps act, particularly where such serious allegations are made against the police officials, recovery of contraband in presence of the independent witness assumes significance. (see ritech chakarvarti vs. state of m ..... of the criminal prosecution. 2. the petitioner alongwith respondent nos.2 to 4 and one jayantilal kothari were arrested on 14 august 2015 by the intelligence officer, narcotics control bureau ('ncb') and has been in custody since then. the investigation, which was in progress when the petition was filed, has since been completed. on ..... and none of the other accused was present at the spot. so also, it is claimed that the cctv footage does not show that there were any drugs seized from jayantilal kothari. the accused petitioner has also produced a call record of whatsapp communications between himself and his wife, which shows that at the relevant .....
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..... was rejected on 10.10.1994. inspite of that, detention order was passed on 24.11.1994 under the provisions of prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988. the argument was that the subjective satisfaction of the detaining authority lacked awareness of any compelling necessity. the court negative the said plea ..... and the grounds for detaining him under the tamil nadu act, 1982. the grounds show that there is reference to one incident relating to selling expired drugs and the detaining authority by pointing out that necessary steps are being taken by his relatives to take him out on bail and since in similar case, ..... of police, solapur. the said detention order has been passed in exercise of powers under section 3(1) of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders, dangerous persons and video pirates act, 1981 (no. lv of 1981) (amendment-1996 and 2009) (hereinafter referred to as the "mpda act"). the said .....
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..... abdul ala, (2007 air scw 6974). in that case, this court was concerned with an order of detention issued under the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988. it was argued that there was delay in considering the representation of the detenu. relying on meena jayendra thakur, this court expressed ..... 7th august, 2015, issued by the commissioner of police, pune city, under section 3(2) of the maharashtra prevention of dangerous activities of slum lords, bootleggers, drug-offenders, dangerous persons and video pirates act, 1981 (for short "mpda act"). 2. the petition proceeds to state that the petitioner is the brother of the detenu ..... adversely, or are likely to affect adversely, the maintenance of public order; (iii) in the case of a drug-offender, when he is engaged, or is making preparations for engaging, in any of his activities as a drug-offender, which affect adversely, or are likely to affect adversely, the maintenance of public order. (iv) in .....
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..... diamonds from 62 sachets and 38 sachets. he obtained signatures of panchas. 19. separate charge-sheet was filed against the accused in respect of the offences punishable under provisions of ndps act. in the cross-examination, p.w. 10 categorically admitted that the details in respect of seizure of articles was not mentioned in the panchanama he does not agree that the .....
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