Court : Mumbai
Reported in : 1992(1)BomCR187
..... .1. in this appeal, appellants-accused nos. 1 and 2 challenge their conviction under section 8(c) read with section 22 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the ndps act') and sentence of rigorous imprisonment for ten years and to pay fine of rs. 1,00,000/-, in default to suffer further rigorous imprisonment ..... 2, 1989 at about 7.00 a.m. dattaram narayan ketkar (p.w. 1), a head constable attached to nagpada police station, received information that a dealing in narcotic drugs would take place at room no. 6, building no. 40 at the 6th lane of kamathipura, m.r. road, bombay. head constable ketkar, therefore, contacted sub-inspector ..... and inevitable conclusion is to hold that the appellants are entitled to the benefit of reasonable doubt that very mush exist in our mind whether or not any narcotic drug was at all found from the possession of the appellants.8. the glaring defect in the investigation in this case is first of all the selection of .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(111)BomLR207
..... be arrested. on completion of investigation charge-sheet was filed.4. the learned special judge charged appellant of offence punishable under section 20(b)(ii)(c) of the narcotic drugs & psychotropic substances. appellant pleaded not guilty and so was put on trial at which in all 6 witnesses were examined. the defence of the appellant was that of denial. ..... r.i. for 10 years and fine of rs.1 lakh or in default r.i. for one year imposed upon him by the learned special judge under narcotic drugs & psychotropic substances act at nagpur in special case no.77/2004.2. facts which led to prosecution of the appellant are as under:on 30.8.2004 p.i. ..... that be so, the position must be the following: if the officer has reason to believe from personal knowledge or prior information received from any person that any narcotic drug or psychotropic substance (in respect of which an offence has been committed) is kept or concealed in any building, conveyance or enclosed place, it is imperative that the officer .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD406
..... alone this appeal should succeed.9. this court considers it necessary to observe that the learned judges who are trying the offences such as offences under narcotic drugs and psychotropic substances act where the minimum punishment prescribed is 10 years imprisonment and where the punishment could go up to 20 years imprisonment with heavy fine, the ..... the first public analysis report is also not doubtful. therefore, while acquitting all the accused for the offences under sections 8(c) and 22 of the narcotic drugs and psychotropic substances act, i feel that the accused no.1 should have been convicted under section 37-a of the andhra pradesh excise act.11. for these reasons ..... , i allow this appeal and acquit all the accused of the offences under sections 8(c) and 22 of the narcotic drugs and psychotropic substances act, however, accused no.l is convicted under section 37-a of the andhra pradesh excise act and he is sentenced to one year rigorous imprisonment .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ1671
..... -1990 yet the detaining authority under the above para no. 21 of the grounds of detention dated 4-12-1990 was mentioning 'that prosecution proceedings under narcotics drugs and psychotropic substances act, 1985 are likely to be initiated against you.' it was further submitted that though a warrant of arrest had also been issued by the ..... air scw 3664).7. in virendra kumar rai's case, a complaint was filed against the petitioner on 7-11-1990 under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as ndps act, 1985) on the basis of some searches made at the petitioner's residence and disclosure in the statements of the father and brother ..... under arms act and motor vehicles act. the petitioner moved an application for bail in ndps act case on 3-12-1990. the detention order was passed against him on 4-12-1990 under prevention of illicit traffic in narcotic drugs and psychotropic substances act. on the above facts, it was argued before the full bench as well .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(1)MPHT404
..... the judgment and order dated 12-11-97, in special case no. 14/97, passed by the learned special judge, ndps act, ujjain of his conviction and sentence under section 8/21 of the narcotic drugs & psychotropic substances act (for short 'ndps act') for 10 years' ri with fine of rs. 1 lac and in default further ri for 2 years.2. ..... prosecution case is that p.k. sharma (p.w. 3), sub inspector, central narcotic bureau, ratlam received the information on 4-12-96 ..... analysis at neemuch where mohan kumar (p.w. 9), assistant chemical examiner conducted the examination and indicated in his report (ex. p-3) that the substance was psychotropic drug known as heroin. the investigation of the case was done by the inspector cbn ashok kumar gupta (p.w. 8) and after usual investigation, charge-sheet was filed .....
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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC244; 1995(1)BLJR27; 1994(3)Crimes456(SC); JT1994(6)SC326; 1994(4)SCALE328; (1994)6SCC569; [1994]Supp4SCR52; 1995(1)LC85(SC)
..... whom the contraband had allegedly been seized in an illegal manner. 'unlawful possession' of the contraband is the sine qua non for conviction under the narcotic drugs & psychotropic substances act and that factor has to be established by the prosecution beyond a reasonable doubt. indeed the seized contraband is evidence but in the absence ..... respondents is that even if the search and seizure of the contraband are held to be illegal and contrary to the provisions of section 50 of the narcotic drugs & psychotropic substances act, it would still not affect the conviction because the seized articles could be used as 'evidence' of unlawful possession of a contraband. reliance ..... in the main argument of the learned counsel for the appellant viz. that on account of the non-compliance with the provisions of section 50 of the narcotic drugs & psychotropic substances act, which provisions have been held to be mandatory by this court in state of punjab v. balbir singh , the conviction and sentence of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC1157; 1997(1)ALD(Cri)670; 1997(1)ALT(Cri)705; 1997(1)BLJR606; 1997(1)Crimes199(SC); JT1997(3)SC26; 1997(2)SCALE312; (1997)4SCC65; [1997]2SCR420
..... may extend to fifty thousand rupees.section 37(1)(b) imposes restriction on the powers of the court in granting bail to persons accused of offences under narcotic drugs & psychotropic substances act. the material portion of section 37(1) reads thus :notwithstanding anything contained in the crpc, 1973 (b) no person accused of an ..... of extraneous consideration cannot be ruled out.6. before proceeding to consider the grievance of the appellant, a glance through the two relevant provisions of the narcotic drugs & psychotropic substances act is of advantage. the offence under section 20(b)(i) of the act reads thus :whoever, in contravention of any provision of this ..... to be a seniormost sessions judge could not have passed the order impugned in a leisurely manner completely ignoring the provisions of section 37 of the narcotic drugs & psychotropic substances act. the acts of the learned special judge by granting bail to accused opposite party nos. 1 and 2 amounts to judicial indiscretion and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3816; 2006(1)ALD(Cri)45; 2005CriLJ4117; 2005(102)ECC139; JT2005(8)SC82; RLW2005(4)SC2527; (2005)7SCC36; 2005(2)LC1421(SC)
..... the aforesaid judgment of this court, there is no scope for the argument that in the facts and circumstances of this case, the provisions of section 50 of the ndps act were attracted. the judgment and order of the high court must, therefore, be set aside.6. counsel for the appellant submitted that a person cannot be compelled to ..... person on his head is searched and found to contain contraband opium, it would amount to a personal search, and, therefore, the provisions of section 50 of the ndps act would be applicable. in the instant case, the high court held that the respondent was carrying a bag on his head which was searched and found to contain contraband ..... morphine respectively.'4. the respondent was put up for trial before the special judge, ndps cases who found him guilty of the offence under section 8/18 of the ndps act. the appeal preferred by the respondent, as noticed earlier, was allowed by the high court and he was acquitted of the charges leveled against him. the judgment of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC4236; 2003CriLJ4985; 2003(89)ECC705; JT2003(Suppl1)SC331; 2003(4)MPHT338; 2003(7)SCALE619; (2004)10SCC562; 2004(1)LC127(SC)
..... 411/2000 and criminal appeal no. 414/2000 convicting the appellants herein, jitendra s/o vijay narayan @ virendra raghuwanshi and smt. sheela @ chandrawati, under the narcotic drugs and psychotropic substances act, 1985.2. according to the prosecution case, inspector rajendra pathak (pw7) of police station, datia, received secret information at 5 p.m. on ..... accused were charged with offences under section 8 read with section 18 and section 8 read with section 20 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the ndps, act'). the special judge after trial acquitted both the accused of the charge under section 8 read with section 18 but ..... to say that, despite the pancha witnesses having turned hostile, the non-examination of the investigating officer and non-production of the seized drugs, the conviction under the ndps, act can still be sustained, is far fetched.7. the learned counsel for the appellants brought to our notice two more facts. the high .....
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