Court : Delhi
Decided on : Aug-06-2001
Reported in : 94(2001)DLT221; 2001(60)DRJ439; 2001(78)ECC698
..... facts of the case as have been noticed by the additional sessions judge are as follows:-'when the accused was apprehended, he was asked whether he was carrying any narcotic drug to which he replied in negative and thereafter, the custom officer asked him to identify his checked-in baggage which was identified by the accused i.e. a black ..... cards ex.p2 and p3 passport ex. p6 hostel card ex. p7 identity card ex. p9, baggage tag and baggage stub ex.p4 and p5 were also seized. the narcotic drug from the possession of the accused was also seized and four representative samples of five grams each were drawn from there which were packed in four polythene pouches which in ..... with the custom seal no.3/92 with a paper slip underneath signed by the seizing officer, the accused and two panch witnesses. the remaining 450 grams of the narcotic drug was packed in a polythene pouch which was placed in a plastic container which in turn was wrapped with cloth, stickled and sealed with the custom seal no.3/ .....
Tag this Judgment!Court : Delhi
Decided on : Sep-25-2001
Reported in : 2002CriLJ1933; 2001(60)DRJ727; 2002(79)ECC430
..... bag carried by the person. it was held -- 'if a person is carrying a bag or some other article with him and a narcotic drug or a psychotropic substance is found from it, it cannot be said that it was found from his 'person'.(4) in gurbax singh v. state of ..... s.k. agarwal, j.1. the appellants were held guilty under sections 18 and 25 of the narcotic drugs and psychotropic substance act (for short 'the act'), in the case fir no. 137/89, p.s. karol bagh, ..... , at this stage, it is not possible to hold that appellant has proved that the car in question was used for carrying the narcotic drugs without his knowledge. detailed reference to the judgments relied upon by learned counsel for the appellant is not necessary, in view of the ..... )7. the supreme court in the subsequent decisions, applying the above principles held section 50 of the act as not applicable where the narcotics drug was recovered from the bag being held by the accused; from the bag hanging on the handle of the scooter; from the bag .....
Tag this Judgment!Court : Delhi
Decided on : Sep-25-2001
Reported in : 94(2001)DLT566
..... bag carried by the person. it was held -- 'if a person is carrying a bag or some other article with him and a narcotic drug or a psychotropic substance is found from it, it cannot be said that it was found from his 'person'.' (4) in gurbax singh v. state ..... s.k. agarwal, j.1. the appellants were held guilty under sections 18 and 25 of the narcotic drugs and psychotropic substances act (for short 'the act'), in the case fir no. 137/89, p.s. karol bagh, ..... , at this stage, it is not possible to hold that appellant has proved that the car in question was used for carrying the narcotic drugs without his knowledge. detailed reference to the judgments relied upon be learned counsel for the appellant is not necessary, in view of the ..... .'7. the supreme court in the subsequent decisions, applying the above principles held section 50 of the act as not applicable where the narcotic drug was recovered from the bag being held by the accused; from the bag hanging on the handle of the scooter; from the bag .....
Tag this Judgment!Court : Delhi
Decided on : Jul-10-2001
Reported in : 2002(142)ELT564(Del)
..... court is of the considered view that the learned trial judge was fully justified in holding the appellant guilty under section 21 read with section 29 of the ndps act and sentencing him accordingly. the sentence awarded to the appellant was minimum prescribed under the act and as such no interference in the conviction and sentence is ..... in a parcel booked from india under shipping/airway bill no. 451813. this parcel was booked for lagos nigeria. the intimation of the seizure was given to narcotic control bureau india on 6th december, 1993. the ncb officers found that this consignment had been booked from m/s. skypak couriers, rajendra place, new delhi ..... the code of criminal procedure (hereafter referred to as the 'code' only) challenges appellant's conviction and sentence under section 21 read with section 29 of the ndps act (hereafter referred to as the 'act' only). the appellant stands convicted by the learned additional sessions judge vide orders dated 18-12-1996 and sentenced to undergo .....
Tag this Judgment!Court : Delhi
Decided on : Jan-09-2001
Reported in : 2001VAD(Delhi)680; 94(2001)DLT70; 2001(2)JCC88
..... .c. chopra, j.1. this appeal under section 374 of the code of criminal procedure is directed against a judgment dated 11.7.1995 passed by the special court under narcotics drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the act') where by the appellant was convicted under section 15 of the act and was sentenced to undergo ri fora period .....
Tag this Judgment!Court : Delhi
Decided on : Sep-06-2001
Reported in : 93(2001)DLT857; 2001(60)DRJ405
order1. this is a petition under section 439, cr.p.c. for grant of bail in case fir no. 616/2000, under section 21/65/85 of ndps act, p.s. hazrat-nizamudding. 2. petitioner was arrested on the allegations of having been found in possession of 5 grams of heroin. 3. learned counsel for petitioner submits that petitioner .....
Tag this Judgment!Court : Delhi
Decided on : May-26-2001
Reported in : 93(2001)DLT729; 2002(79)ECC174
..... and residential premises of the petitioner, the respondents suspect that the petitioner has violated at least clauses 3, 4 and 5 the provisions of the narcotic drugs and psychotropic substances (regulation of controlled substances) order, 1993 issued by the central government under section 9a of the n.d.p.s. act and thereby ..... means any substance which the central government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any international convention, by notification in the official gazette, declare to be a controlled substance'. in exercise of ..... 1) if the central government is of the opinion that, having regard to the use of any controlled substance in the production or manufacture of any narcotic drug or psychotropic substance, it is necessary or expedient so to do in the public interest, it may, by order, provide for regulating or prohibiting the production, .....
Tag this Judgment!Court : Delhi
Decided on : May-14-2001
Reported in : 2001IVAD(Delhi)1005; 92(2001)DLT113
..... whether there was application of mind by the detaining authority.10. unlike section 3(4) of nsa, under the act or the prevention of illicit trafficking in narcotic drugs and psychotropic substance act, 1988 (in short, ndps act), there is no requirement of approval of an order made by the office especially empowered by the state government or the central government. order passed by such .....
Tag this Judgment!Court : Delhi
Decided on : May-14-2001
Reported in : 2001IVAD(Delhi)1066; 2001CriLJ3086; 92(2001)DLT278; 2001(60)DRJ115
..... whether there was application of mind by the detaining authority.10. unlike section 3(4) of nsa, under the act or the prevention of illicit trafficking in narcotic drugs and psychotropic substance act, 1988 (in short, ndps act), there is no requirement of approval of an order made by the office especially empowered by the state government or the central government. order passed by such .....
Tag this Judgment!Court : Delhi
Decided on : Mar-20-2001
Reported in : 2001(59)DRJ99; 2001(76)ECC766
..... act has not been issued. (c) in respect of a person against whom prosecution for any offence punishable under chapter ix and chapter xvii of the indian penal code, the narcotics drugs and psychotropic substances act, 1985, the terrorist and disruptive activities (prevention) act, 1987, or the prevention of corruption act, 1988, has been instituted. (d) in respect of a person against whom .....
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