Court : Delhi
Decided on : Jun-05-2006
Reported in : 130(2006)DLT463; 2006(90)DRJ60
..... or substances is not to be taken in considering whether a small quantity or a commercial quantity of the narcotic drug or psychotropic substance is recovered. only the actual content by weight of the narcotic drug or the psychotropic substance (as the case may be) is relevant for determining whether it would constitute a small quantity or ..... substances is not to be taken in considering whether a small quantity or a commercial quantity of the narcotic drug or psychotropic substance is recovered. only the actual content by weight of the narcotic drug or the psychotropic substance (as the case may be) is relevant for determining whether it would constitute a small quantity or ..... a commercial quantity.thus, the issue of determining small and commercial quantitiesby the actual content by weight of the narcotic drug or psychotropic substance (as the case may be) in a mixture with one or more neutral substances stood settled by ansar ahmed (supra). but, mr pawan .....
Tag this Judgment!Court : Delhi
Decided on : Nov-15-2006
Reported in : 2009(93)DRJ813
..... , because how he came to be in possession, is within his special knowledge. under section 35 of ndps act, there is a presumption of culpable mental state. under section 54 of ndps act, it is presumed that the accused has committed an offence in respect of narcotics drugs or psychotropic substances found in his possession which he has not satisfactorily explained. these facts are further supported in ..... to their seniors on such things. 34. it is an open secret that india is caught in the tightening coils of narcotics. it is difficult to fathom as to why india continues to be happier hunting grounds for foreign drug peddlers. drug pushers are the lowest scum on earth and deserve no leniency. the appellants appear to be obdurate offenders having rapacious disposition .....
Tag this Judgment!Court : Delhi
Decided on : Mar-06-2006
Reported in : 128(2006)DLT304; 2006(88)DRJ200
..... , 1968 passed under section 3(1) of prevention of illicit traffic in narcotic drugs and psychotropic substance act, 1985 (in short pit ndps act). notice dated 11th march, 1993 issued under section 68(h)(1) of narcotic drugs and psychotropic substance act, 1985 (in short ndps act) is also assailed. a restraint on the respondents is also sought from ..... taking any steps pursuant to the detention order and the above notice under section 68(h)(1) of the ndps act. 2. sarika sharma in her petition ..... the petitioners. 7. respondents submit that petitioners themselves got the stay order vacated by the division bench in respect of proceedings under section 68 of ndps act before the competent authority. they fully participated in the proceedings and took their chance therein. in fact, it is urged that petitioners obtained substantial .....
Tag this Judgment!Court : Delhi
Decided on : May-16-2006
Reported in : 2006(89)DRJ233
..... judgment dated 22.9.2005 and the order of sentence of the same date passed by the additional sessions judge in his capacity as the special judge (narcotic drugs and psychotropic substances act, 1985). the learned additional sessions judge relying upon the decision of this court in the dule hassan v state, which was decided on 2. ..... in the case of ansar ahmed and anr. v. the state : 123(2005)dlt563 , wherein it was held that in a mixture of a narcotic drug or a psychotropic substance with one or more neutral substances, the quantity of the neutral substance or substances is not to be taken while considering whether a small quantity or ..... a commercial quantity of the narcotic drug or psychotropic substance is recovered but only the actual content by weight of the narcotic drug or the psychotropic substance (as the case may be) is relevant for determining whether it would constitute a small quantity or .....
Tag this Judgment!Court : Delhi
Decided on : May-16-2006
Reported in : 130(2006)DLT380; 2006(89)DRJ425
..... to contain 0.94% diacetylmorphine. he submitted that in the case of ansar ahmed (supra) it was held that in a mixture of a narcotic drug or a psychotropic substance with one or more neutral substances, the quantity of the neutral substance or substances is not to be considered for determining whether a small quantity ..... 2005. by virtue of the impugned judgment and order on sentence, the appellant has been convicted under section 21(c) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the ndps act') and has been sentenced to undergo imprisonment for 10 years with a fine of rs.1 lac.2. at this stage, ..... or a commercial quantity of the narcotic drug or psychotropic substance is recovered. in the said decision, it was also held that only the actual content by weight of the narcotic drug or the psychotropic substance (as the case may be) is relevant for determining whether it would constitute .....
Tag this Judgment!Court : Delhi
Decided on : Jul-03-2006
Reported in : 2006(90)DRJ745
..... was the basis for deciding whether the substance seized was ganja or not. and, the chemical analyser's report would determine whether the provisions of the narcotic drug and psychotropic substances act 1985 were attracted or not. the court held that in such a situation the magistrate undoubtedly could not proceed to take cognizance of the ..... s report was the foundation on the basis of which the magistrate could proceed to take cognizance of the offences which in that case were under the narcotic drugs and psychotropic substances act, 1985. the court was of the clear view that the charge sheet/report as contemplated under section 173 of the code should be ..... there was whether the substance recovered was ganja or not. if it was ganja then the provisions of the ndps act would apply and if it was not a narcotic drugs or a psychotropic substance then the provisions of the ndps act would not apply. thereforee, the result of the chemical analysis was crucial to the very foundation of the case .....
Tag this Judgment!Court : Delhi
Decided on : Jul-14-2006
Reported in : 131(2006)DLT463; 2006(90)DRJ290
..... : 1999(66)ecc335 and in particular he relied on paragraph 7 of the said judgment in which there is a remark that 'persons who are involved in narcotic drugs are instrumental in causing death or in inflicting death-blow to a number of innocent young victims, who are vulnerable and it causes deleterious effects and a deadly ..... however, argued that the supreme court in dadu @ tulsidas etc. v. state of maharashtra etc. : 2000crilj4619 , while considering the provisions of section 32a of the ndps act which relates to parole post sentencing, concluded that the said provision was unconstitutional because it limited the right of the court to grant parole. he submits that the question of ..... islamuddin @ chotey v. state of delhi 1999 (3) cc c (hc) 152 in support of their argument that interim bail ought not to be granted under the ndps act in view of the provisions of section 37 thereof. the learned single judge observed that makhtool singh v. state of punjab (supra) has been overruled by the supreme .....
Tag this Judgment!Court : Delhi
Decided on : Oct-06-2006
Reported in : 2006(91)DRJ441
..... the present case, the seizure having been effected in a public place, the question of non-compliance , if any, of the provisions of section 42 of the ndps act is wholly irrelevant. for these reasons, the argument urged by learned counsel for the appellant must be eschewed out of consideration.10. the learned counsel for the ..... conveyance is searched in a public place, the officer making the search is not required to record his satisfaction as contemplated by the proviso to section 42 of the ndps act for searching the vehicle between sunset and the sunrise. 9. in narayanaswamy ravishankar v. asstt. dir., directorate of revenue intelligence, 2002 viii ad (s.c.) 204 ..... case. in this ease, the contraband was recovered from the bag which the accused/appellant was holding. although, there was no need to serve notice under section 50 ndps act, yet, it was served and in reply, accused/appellant desired to be searched in presence of a gazetted officer. consequently, i.k. jha, sub-inspector, the .....
Tag this Judgment!Court : Delhi
Decided on : Jun-09-2006
Reported in : 130(2006)DLT635
..... actual weight of diacetylmorphine in the recovered substance comes to 40.5 grams. the appellant has been convicted under section 21(c) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as ndps act). he has been sentenced to undergo ten years rigorous imprisonment and rs 1 lakh as fine and, in default, simple imprisonment for one ..... . accordingly, he submits that the appellant's conviction can be upheld only under section 21(b) of the ndps act. he submits that he is not challenging the conviction of the appellant under section 21(b) of the ndps act. however, he is seeking a modification of the sentence. he submits that the appellant has no criminal antecedents ..... including any involvement under the ndps act. the amount recovered is 40.5 grams which is far below the commercial quantity specified. thereforee, the sentence of ten years would be too harsh .....
Tag this Judgment!Court : Delhi
Decided on : May-17-2006
Reported in : 130(2006)DLT114; 2006(89)DRJ665
..... substance containing diacetylmorphine was made from the co-accused (naresh kumar) and that the state was prosecuting the present petitioner under section 21 read with section 29 of ndps act on account of the recovery from the co- accused. the learned counsel for the state, however, was unable to point out any other evidence other than the ..... that the petitioner cannot be, prima facie, linked with the recovery of the contraband. that being the case, even if it is assumed that section 37 of ndps act applies, there are reasonable grounds for believing that the petitioner is not guilty of the offence.3. the learned counsel for the petitioner also referred to the decision ..... found together and substances were recovered from them separately. the court held that although they were found together, they cannot be implicated under section 29 of the ndps act as in that case there was no warrant to arrive at such a conclusion at all as there was no evidence to suggest that there was any criminal .....
Tag this Judgment!