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 : Supreme Court of India
..... representing undertrial prisoners) vs. union of india2, this court had issued a slue of directions relating to undertrials in jail facing charges under the narcotic drugs and psychotropic substances act, 1985 (briefly, the ndps act hereinafter) for a period exceeding two years on account of the delay in disposal of the cases lodged against them. in respect of undertrials ..... persuades us to enlarge the respondent on bail is that section 43-d(5) of the uapa is comparatively less stringent than section 37 of the ndps act. unlike the ndps act where the competent court needs to be satisfied that prima-facie the accused is not guilty and that he is unlikely to commit another offence while ..... at all times. this court as an interim measure had granted bail to the accused- appellant and thereafter passed a detailed judgment in frank vitus vs. narcotics control bureau, criminal appeal no.2814-15 of 2024, decided on 08.07.2024. this court after referring to earlier decisions of this court held that .....
Tag this Judgment!Court : Supreme Court of India
..... .2. fir no.06(02)23 was registered against the respondent-accused (smt. x) on 08.02.2023 for offences under sections 21(c)/29 of the narcotic drugs and psychotropic substances act, 1985 (for short ndps act ). anonymization as relates the identity of the respondent-accused as smt.x has been done, as she is human immunodeficiency virus (hiv) positive. virtually, from 16.03 ..... to consider the challenge against the order dated 29.09.2023.5. t here cannot be any doubt with respect to the position that in cases involving commercial quantity of narcotic drugs or psychotropic substances, while considering the application of bail, the court is bound to ensure the page 2 of 7 satisfaction of conditions under section 37(1)(b)(ii) of the .....
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 : Supreme Court of India
..... granting power to the court to impose fine of more than maximum punishment of rs 2,00,000 as also the presumption of guilt emerging from possession of narcotic drugs and psychotropic substances, the extent of burden to prove the foundational facts on the prosecution i.e. proof beyond all reasonable doubt would be more onerous. a heightened ..... judges of this court, in noor aga v state of punjab, (2008) 16 scc417 had examined the imposition of a reverse burden, on an accused, under the narcotic drugs and psychotropic substances act, 1985. while holding the provisions concerned imposing reverse burden as not ultra vires the constitution, it was held: 54. provisions imposing reverse burden, however, must ..... on the prosecution is satisfied. at this stage, it is required to be noted that the reverse burden does not merely exist in special enactments like the ndps act and the prevention of corruption act, but is also a part of the ipc section 304-b and all such offences under the penal code are to .....
Tag this Judgment!Court : Supreme Court of India
..... j.1. leave granted. factual aspects2 the appellant is being prosecuted for the offences punishable under sections 8, 22, 23, and 29 of the narcotic drugs and psychotropic substances act, 1985 (short ndps act ). the appellant was arrested on 21st may 2014. by the first impugned order dated 31st may 2022, the appellant was ordered to be enlarged on ..... amicus curiae, shri varun mishra, the learned counsel appearing for the appellant and shri vikramjeet banerjee, the learned additional solicitor general of india for the first respondent narcotics control bureau. conditions of bail4 section 439 of the code of criminal procedure,1973 (for short, the crpc ) deals with the power of a court of ..... on google maps. the condition imposed on the appellant of dropping a pin on google map gives an impression that the condition will enable the first respondent narcotics control bureau (ncb) to monitor the movements of the accused on a real time basis, which will be violative of the right to privacy guaranteed .....
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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