Court : Madhya Pradesh
Reported in : 1990CriLJ1119
..... edwards published by macmillan & co. ltd. london) edn. 1955).38. the insertion of the crucial word 'knowingly' permits' in a new enacted law (narcotic drugs and psychotropic substances act, 1985) is evidently with a view to avoid construing nebulously worded statutory offences. the use of the word 'knowingly' in statutory offence is valuable ..... 4-88, passed by the additional sessions judge, neemuch in sessions trial no. 167/87, thereby convicting the appellant under section 8/18 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'act') and sentencing him to undergo rigorous imprisonment for ten years with fine of rs. 1, ..... appellant kalekhan, therefore, urged that in face of these lacunae in the prosecution the sole testimony of witness shivphersingh yadav pw3 on inspector of the narcotics deptt., obviously interested in the success of his case, should not be relied upon for sustaining the conviction recorded against appellant kalekhan. he streneously .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2002(4)MPHT211; 2003(1)MPLJ122
..... . section 60(1) of the act provides that whenever any offence punishable under chapter iv [which includes section 20(b)(i)] has been committed, the narcotic drug, psychotropic substance etc. shall be liable to confiscation. sub-section (3) of section 60 further provides that any animal or 'conveyance' used in carrying any ..... , cr.pc by accused prem narayan gupta against that part of the judgment by which the maruti van belongingto him has been confiscated under section 60 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter to be referred to as 'the act'). 2. appellant prem narayan gupta and two other persons were prosecuted for the offence punishable ..... narcotic drug or psychotropic substance shall be liable to confiscation, 'unless the owner of the animal or conveyance proves that it was so used without the knowledge or connivance of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(2)MPLJ21
..... and when she was apprehended narcotic drug was seized from that house. the panchnama of seizure shows that on taking search, the raiding party found that the opium was stored in polythene bag which was ..... of section 36 knowledge is presumed. even then prosecution cannot be exonerated from bringing it to the notice of court that the accused was in exclusive possession of narcotic drug.15. it is pertinent to note that it is a case when the investigating agency visited the said house, husband of applicant ran away and applicant was found ..... held that :-'in absence of evidence connecting that accused with recovery, conviction was liable to be set aside.'in that case the court found that the place from where narcotic drug was recovered, was accessible to anybody.2. mst. phool kunwarbai v. state of m.p reported in 1994(1) efr 600, where this court held that -'when .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT189
..... sessions trial no. 459/94, by sixth additional sessions judge, ujjain against acquittal of the respondent under section 8 read with section 20(b)(ii) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to 'ndps act').2. the brief facts of the case as found by the trial court are that on 7-10-1994, shri n.s. chandrawat, station house officer ..... that there was urgent need for enactment of a comprehensive legislation on narcotic drugs and psychotropic substances which inter alia should consolidate and amend the existing laws relating to narcotic drugs, strengthen the existing controls over drugs of abuse, considerably enhance the penalties particularly for trafficking offences, make provisions for exercising effective control over psychotropic substances and make provisions for the implementation of international conventions relating to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997(1)MPLJ145
..... who is so empowered, if has reason to believe from personal knowledge or information given by any person and taken in writing and any narcotic drug or psychotropic substance in respect of which an offence punishable under chapter iv has been committed, or any document or other article which may furnish evidence ..... during such search or arrest there is a chance recovery of any narcotic drug or psychotropic substance, then the police officer who is not empowered should inform the empowered officer who should thereafter proceed in accordance with the provisions of the ndps act.4. the observations of the supreme court are in relation to ..... the criminal procedure code comes across a person being in possession of the narcotic drugs or psychotropic substances, then two aspects will arise. if he happens to be one of those empowered officers under the ndps act also then he must follow thereafter the provisions of the ndps act and continue the investigation as provided thereunder. if on the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ834
..... , j.) while hearing third bail application of the accused/applicant, arrested in connection with an offence under section 8/18, the narcotic drugs and psychotropic substances act, 1985, for short, the 'act', or ndps act. after hearing counsel, we framed following two questions which arise for our consideration in the facts and circumstances of the case :1 ..... effective legal means for international cooperation in criminal matters for suppressing the international criminal activities of illicit traffic' in narcotic drugs. indeed, the covenant's preamble expresses united nations' serious concern that 'children are used in many parts of the world as an illicit ..... under the act deserve. materials placed before us with the affidavit of deputy narcotics commissioner (enforcement) show that instances are not infrequent of c.b.i.-interpol linkage for tracing the source and also foreign destinations, of drugs; and indeed the traffic route is by now convincingly identified. correspondence filed shows .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ715
..... magistrate or a gazetted officer when the appellant was apprehended. he argued further that as there is no compliance of mandatory provisions of section 50 of ndps act, the conviction and resultant sentence will have to be set aside as illegal. after hearing this argument, this court interrogated the appellant sufficiently for the ..... appellant in contravention of provisions of n.d.p.s. act. he, therefore, recorded the conviction against him for offence punishable under section 8/21, ndps act, and sentenced him as mentioned above and that is being assailed in this appeal.4. shri bohra, appointed by legal aid committee to defend the appellant ..... chemical examination which reported that the said powder was containing heroin. thus, the appellant was indicted for offence punishable under provisions of section 8/21 of ndps act.3. learned addl. sessions judge after recording the evidence of prosecution witnesses concluded that prosecution had proved that smack was found in possession of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1999(1)MPLJ67
..... informer initially was nowhere recorded or sent to higher officer. it was required to be recorded as per section 42(1) of narcotics drugs & psychotropic substances act, 1985 (hereinafter referred to as the ndps act). in the absence of source of secret information, the information should be discarded. secondly, it is urged that no option ..... benefit of doubt. in this case, therefore, this court is of definite opinion that although there was no infringement of provisions of section 50, narcotic drugs and psychotropic substances act, the prosecution has failed to prove that the articles sent to fsl, sagar were the same as were recovered from the appellants.15. ..... the prosecution story becomes doubtful.5. all those objections were raised before the trial court also but the trial court repelled them.6. section 50 of narcotic drugs and psychotropic substances act lays down as under :-'50. conditions under which search of person shall be conducted. -(1) when any officer duly authorised under section .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1998CriLJ3915
..... , 1973 for grant of bail to the accused persons who have been arraigned as aceused under section 20(b)(i) of the narcotic drugs and psychotropic substances act, 1985 (for short 'ndps act') came up for hearing before dipak misra, j. wherein learned counsel for the applicants, relying on a single bench decision of ..... enacted with a view to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances. that being the underlying object and particularly when the provisions of section 37 of ndps act are in negative terms limiting the scope of the applicability of the provisions of cr.p.c ..... , which is a special act, shall override the provisions of the criminal procedure code. the ndps act, 1985 has been enacted with a view to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances. that being the underlying object and particularly when the provisions of section 37 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1997CriLJ2324; 1998(1)MPLJ82
..... or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond.'section 37 of the ndps act reads :'notwithstanding anything contained in the code of criminal procedure, 1973 - (a) every offence punishable under this act shall be congnizable, (b) no person accused of ..... non support of other prosecution witnesses on the point, properly and has erroneously concluded that the prosecution proved that there was compliance of provisions of section 50 of ndps act. he submitted that in view of this, the conviction of the appellant happens to be bad in law and the appellant would definitely succeed in appeal.repelling ..... is the development which those officers have made in their evidence for the purpose of showing that they had complied with mandatory provisions of section 50 of ndps act.shri oberai argued that this development has been made by panch witnesses because they found that their case would fail in the absence of such development and .....
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