Court : Delhi
Decided on : Aug-16-1999
Reported in : 1999VIAD(Delhi)765; 2000CriLJ108; 82(1999)DLT449; 1999(51)DRJ558
..... red with section 37 of the narcotic drugs and psychotropic sub-stances act, 1985 (for short 'the ndps act') for interim bail for a period of two months. the petitioner is the accused in fir no.17/98 registered at police station, narcotic branch, kamla nagar, delhi under sections 21/61/85 of the ndps act. the case against the petitioner is ..... to the petitioner in exercise of the powers under section 482 of the criminal procedure code. i do not find any merit in this contention. section 37 of the ndps act starts with the non obstinate clause 'notwithstanding anything contained in the code of criminal procedure 1973'. hence in the matter of granting bail, the power of ..... under article 21 of the constitution of india. however, while dealing with an application for bail under the provisions of the code of criminal procedure and the ndps act, this court is bound by the provisions contained in those statutes and this court cannot overlook or over rule the provisions contained in those statutes. i .....
Tag this Judgment!Court : Delhi
Decided on : Feb-01-1999
Reported in : 1999IIAD(Delhi)118; 78(1999)DLT199; 1999(49)DRJ149
..... impugned detention order can not be sustained. thereforee, the continuous detention of the petitioner under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988, is hereby quashed. but this does not mean that the petitioner is required to be set free as proceedings are pending against ..... order of detention despite the petitioner being in judicial custody. the relevant portion of the detention order reads as follows :'even though prosecution proceedings under narcotic drugs and psychotropic substances act, 1985 have been initiated against shri gurminder singh @ lalli, i am satisfied that there is com pelling necessity in view of the ..... the order dated march 27, 1997 passed by the joint secretary, government of india, under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (for short 'the act').2. the facts of the case are that on december 23, 1996 the officials of the directorate of .....
Tag this Judgment!Court : Delhi
Decided on : May-31-1999
Reported in : 1999IVAD(Delhi)447; 1999CriLJ3114; 80(1999)DLT324; 1999(50)DRJ507
..... learned counsel for the petitioner is that the magistrate does not have the jurisdiction to enquire into an offence which is punishable under the narcotic drugs & psychotropic substances act, 1985 (for short 'ndps act') as it is the special judge of the rank of sessions judge or additional sessions judge who can try such offences thereunder. in ..... dharmesh sharma under section 5 of the act, is bad in law as he did not have any jurisdiction to enquire into the offence under the narcotic drugs and psychotropic substances act, 1985, and consequently was not legally entitled to make an enquiry into the case and to make the impugned recommendation to the central ..... the code of criminal procedure, 1973, pursuant to the request of dsp, interpol wing, new delhi, who had been tipped of by the united states narcotic central bureau. after his arrest the petitioner was produced before the additional chief metropolitan magistrate, new delhi, who remanded him to judicial custody which was extended .....
Tag this Judgment!Court : Delhi
Decided on : Jul-21-1999
Reported in : 2000IAD(Delhi)872; 2000(52)DRJ49
..... that the impugned order is not in consonance with the provisions of section 52-a of the ndps act. section 52-a of the ndps act prescribes the procedure for disposal of the seized narcotic drugs & psychotropic substances. sub-section(1) to section 52-a of the act provides that the central government may ..... , having regard to the hazardous nature of nay narcotic drugs of psychotropic sub-stances, their vulnerability to theft substitution, constraints of proper storage space or any other relevant considerations, by notification , specify such narcotic drugs or psychotropic ..... prepared thereunder. sub-section (4) to section 52-a contains a special rule of evidence for treating the inventory, the photographs of narcotic drugs or psychotropic substances and the list of samples drawn under sub-section (2) and certified by the magistrate, as primary evidence in respect of such .....
Tag this Judgment!Court : Delhi
Decided on : Feb-22-1999
Reported in : 1999IIIAD(Delhi)362; 1999(49)DRJ18
..... dated 14th february, 1992 passed by the learned addl. sessions judge (asj) whereby the appellant has been convicted for the offence under section 21 of narcotic drugs & psychotropic substances act (for short the 'ndps act') and sentenced to ri for 10 years and a fine of rs. one lakh and in default of payment of fine si for 3 months. 2 ..... . an fir was registered at p.s. hari nagar, cfsl report found positive test for heroin. the accused was challenged and charged for an offence under section 21 of the ndps act. 3. during trial, prosecution, inter alia, examined sunil gupta, deputy superintendent (pw-3), s.k. matta asstt. suptd. (pw-5), inspector dilbagh singh sho (pw- ..... testimony. there are material contradictions in the testimony of the witnesses especially in the statements of sho and io; that provisions of sections 55 and 57 of the ndps act have not been complied with; the two seals after sealing the parcels were not given to an independent witness but to a constable; the recovery memo has .....
Tag this Judgment!Court : Delhi
Decided on : Sep-20-1999
Reported in : 1999VIAD(Delhi)460; 1999CriLJ4696; 82(1999)DLT191
orderk.s. gupta, j.1. this appeal by pehlad @ bhagat accused/appellant is directed against the judgment dated 30th august, 1995 convicting him under section 20 of narcotic drugs & psychotropic substances act, 1985 (for short the 'act') and the order of even date sentencing him to undergo r. i. for 10 years and pay fine of rs. 1,00.000/-, ..... s/o o.p. ghai, r/o m-1 pratap nagar is shown to have been joined as a public witness in case fir no. 19/91 under section 20 ndps act, p.s. pratap nagar against harvinder singh @ bittoo-accused. 5. since the submission advanced on behalf of the appellant/accused which i will be referring hereinafter mainly centers around the .....
Tag this Judgment!Court : Delhi
Decided on : Mar-19-1999
Reported in : 1999IIIAD(Delhi)633; 78(1999)DLT649
..... charge had to be framed for entering into conspiracy with chamkaur singh to illegally acquire; possess and transport 83.77 kg. of heroine in contravention of provisions of ndps act. consequently, the charge framed by the learned additional sessions judge on 8th may, 1998 is not groundless to strike down the charge and to release the accused. ..... smugglers from the dossiers of the smugglers available with dri were shown to dri ghanshyam chandravansi. from his voluntary statement recorded in section 67 of the ndps act it is apparent that he identified one of the photographs, as photograph of the sardar who met him at the petrol pump for receiving/collecting his goods ..... entering into a conspiracy to illegally acquire and possess 83.770 kg. of heroine in contravention of section 8 read with section 29 and section 21 of the ndps act. 2. according to the prosecution case, on specific intelligence, the officers of directorate of revenue intelligence intercepted one truck. no. mp-23-b-3469 at sindhu .....
Tag this Judgment!Court : Delhi
Decided on : Aug-13-1999
Reported in : 1999VAD(Delhi)160; 81(1999)DLT194; 1999(50)DRJ858; 2000(69)ECC580
orderk.s. gupta, j.1. this appeal by rajan ali is directed against the judgment dated 3rd april 1993 convicting him under section 18 of narcotic drugs and psychotropic substances act (for short 'the act') and also the order dated 8th april 1993 sentencing him to undergo ri for 10 years and pay fine of rs. one lac, passed .....
Tag this Judgment!Court : Delhi
Decided on : Apr-19-1999
Reported in : 1999(49)DRJ569a
..... and ors. 1999 (1) crimes 422 bail was cancelled under section 482 for the reasons that the sessions court had failed to apply the principle of law and section 37 ndps act was not considered.56. section 439(2) is attracted after an accused has been released on bail and generally this power could be exercised if any supervening circumstance has arisen .....
Tag this Judgment!Court : Delhi
Decided on : May-01-1999
Reported in : 79(1999)DLT637
..... counsel for the petitioner on the basis of this authority that in absence of the report of cfsl, it could not be said that any contraband or any narcotic drug or psychotropic substance prohibited by the ndps act was recovered. consequently, the challan filed without the report of the cfsl was incomplete and the accused was entitled to bail under section 167(2), cr.p .....
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