Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 36b appeal and revision Court: supreme court of india Page 5 of about 68 results (0.502 seconds)

State of Himachal Pradesh Vs. Pawan Kumar

Court : Supreme Court of India

Reported in : AIR2005SC2265; 2004(2)ALD(Cri)847; (2006)1CALLT1(SC); 2005CriLJ2208; 2005(99)ECC737; JT2005(4)SC373; 2005(3)KLT195(SC); (2005)4SCC350

..... the matter has been placed before this larger bench and the question for consideration is whether the safeguards provided by section 50 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the ndps act' or 'the act') regarding search of any 'person' would also apply to any bag, briefcase or any such article or ..... is detrimental to the future of a country. reference in the said decision has also been made to some united nation conventions against illicit trafficking in narcotic drugs, which the government of india has ratified. it is, therefore, absolutely imperative that those who indulge in this kind of nefarious activities should not go ..... a 'person' or not. if the search is of a bag which is inextricably connected with the person of the accused, section 50 of the ndps act will apply, and if it is not so connected, the provisions will not apply ............... ............................................ the offending article was found in the bag which accused/respondent .....

Ajaib Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR2000SC3374; 2000(1)ALD(Cri)824; 2000(1)ALT(Cri)332; 2000CriLJ2270; 2000(69)ECC233; 2000LC424(SC); 2000(118)ELT4(SC); JT2000(4)SC529; RLW2000(2)SC326; 2000(3)SCALE269; (

..... the appellants could not have been convicted unless the offence alleged against them fell strictly within the provisions of the narcotic drugs & psychotropic substances act. it was submitted that if the narcotic drugs & psychotropic substances act did not provide for any offence in respect of 'poppy husk' then the convictions could not be maintained ..... term poppy straw.11. on the other hand shri rajiv dutta, learned counsel for the respondent-state, has submitted that the provisions of the narcotic drugs & psychotropic substances act are very clear. he submitted that under section 15 an offence is committed if anybody produces, possesses, transports, imports inter-state, exports ..... to entertain the slps. however, it was submitted, in both the slps, that the appellants had been convicted under section 15 of the narcotic drugs & psychotropic substances act. it was submitted that section 15 deals with offences relating to 'poppy straw', whereas what had been recovered from the appellants was .....

T.T. Haneefa Vs. State of Kerala

Court : Supreme Court of India

Reported in : 2004CriLJ2853; 2004(94)ECC199; JT2004(5)SC383; 2004(2)KLT1022(SC); 2004(5)SCALE754; (2004)5SCC128

..... the presence of a magistrate as he failed to opt for that we do not think that there was any procedural illegality.8. the appellant was in possession of narcotic drug and evidence of the prosecution proved that the offence was committed. there is no merit in the appeal and appeal is dismissed accordingly.9. the appellant was granted bail ..... party went there, the appellant was standing on a foot path and pw-1 questioned him and told that he suspected that the appellant must have been carrying some narcotic drug. pw-1 told the appellant that he has got right to demand the presence of a magistrate when his body being searched. the appellant replied there is no ..... whether he would like the presence of a magistrate, he declined to avail that privilege and thereafter the search was conducted and drug was recovered from his possession.6. the plain reading of section 50 of ndps act does not show that the accused has got a right to option either a gazetted officer or the magistrate, rather the option .....

Dadu @ Tulsidas Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR2000SC3203; 2000(2)ALD(Cri)804; 2000(3)BLJR2390; 2000CriLJ4619; 2000(4)CTC313; 2000(72)ECC233; (2001)1GLR647; 2000(6)SCALE746; (2000)8SCC437; [2000]Supp3SCR703; 2001(2)U

..... intoxicants clandestinely. reason may be large stake and illegal profit involved. this court, dealing with the contention with regard to punishment under the narcotic drugs & psychotropic substances act, has succinctly observed about the adverse effect of such activities in durand dilier v. chief secretary, union territory of goa : ..... of 1985 specifying mandatory minimum imprisonment and fine.8. to check the menace of dangerous drugs flooding the market, parliament has provided that the person accused of offences under the narcotic drugs & psychotropic substances act should not be released on bail during trial unless the mandatory conditions provided ..... offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exportation of any narcotic drug or any psychotropic substance contrary to the provisions of the 1961 convention, the 1961 convention as amended or the 1971 convention; ii) the cultivation of opium poppy .....

Narayanaswamy Ravishankar Vs. Asstt. Director, Directorate of Revenue ...

Court : Supreme Court of India

Reported in : AIR2002SC3658; 2003(1)ALT(Cri)210; 2003CriLJ27; 2002(84)ECC1; JT2002(8)SC27; 2002(7)SCALE341; (2002)8SCC7; [2002]SUPP3SCR121; 2003(1)LC79(SC)

..... day at 2.00 p.m. the trial court acquitted the appellant by holding that mandatory provisions like section 42 and section 50 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the ndps act') had not been complied with.3. in appeal, the high court reversed the decision of the trial court and convicted the appellant and sentenced ..... been complied with. he further states that there was delay in arresting the appellant which had not been explained and further that the provisions of section 57 of the ndps act which are mandatory in nature have not been complied with.5. in the instant case, according to the documents on record and the evidence of the witnesses, the ..... was not communicated to him. we find no merit in this because the arrest memo clearly indicates the offence stated to have been committed by the appellant under the ndps act. further, the record also shown that copy of the arrest memo exh. p-20 was received by the appellant.7. in the instant case, no search or .....

Sarju @ Ramu Vs. State of U.P.

Court : Supreme Court of India

Reported in : AIR2009SC3214; 2009(57)BLJR2951; 2009CriLJ4123; JT2009(11)SC516; 2009(II)OLR(SC)491; 2009(10)SCALE659; 2009(8)LC3864(SC):2009AIRSCW5149

..... trial nos. 393 of 1989 and 395 of 1989 convicting the appellant for commission of an offence punishable under section 8/21 of the narcotic drugs and psychotropic substances act, 1985 (for short, 'ndps act') and sentencing him to undergo 10 years' rigorous imprisonment as also the fine of rs. 1 lakh, and in default, to undergo ..... could have also called for the original telegram from the superintendent of police's office or even from the post office.14. in a case under the ndps act, particularly where such serious allegations are made against the police officials, recovery of contraband in presence of the independent witness assumes significance. [see ritesh chakarvarti v ..... to the deterrent sentences contemplated and with a view that innocent persons are not harassed. therefore if an arrest or search contemplated under these provisions of ndps act has to be carried out, the same can be done only by competent and empowered magistrates or officers mentioned thereunder.12. nand lal v. state .....

Babubhai Odhavji Patel, Etc. Etc. Vs. State of Gujarat

Court : Supreme Court of India

Reported in : AIR2006SC102; 2006(1)ALD(Cri)490; 2005(103)ECC85; (2006)1GLR691; [2006(1)JCR17(SC)]; JT2005(9)SC410; 2005(4)KLT779(SC); RLW2006(1)SC37; (2005)8SCC725; 2006(1)LC20(SC)

..... by the addl. sessions judge, banaskantha in gujarat, for the offence punishable under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as ndps act). all the accused were found guilty of the offence under section 17 of the ndps act. they preferred an appeal before the high court of gujarat and by the impugned judgment ..... seized substance was opium.3. the appellant completely denied his involvement and at the trial he alleged that there was violation of section 42 of the ndps act. the appellant had also contended that there were procedural irregularities in conducting the search and sending the sample to the laboratory and in recording the arrest ..... carefully considered the contentions advanced by the counsel for the appellants and found no merit in the same.as regards violation of section 42 of the ndps act, it was contended that psi, n.u. pandey had received previous information before going for the search, but he had not recorded this information anywhere .....

Union of India Vs. Mohanlal and anr.

Court : Supreme Court of India

..... the substance being destroyed?5. what are the steps taken by competent authorities to prevent damage, loss, pilferage and tampering/substitution of the narcotic drugs and psychotropic substances (natural and synthetic) during transit from point of storage to point of destruction?6. is there any specified facility for destruction of ..... to destroy the seized contraband? has there been any failure or dereliction in making such applications? whether any person having technical knowledge of narcotic drugs and psychotropic substances (natural and synthetic) is associated with the actual process of destruction of the contraband?3. was any action taken against the person ..... by the relevant authority.2. what are the steps, if any, taken by the seizing authorities to prevent damage, loss and pilferage of the narcotic drugs and psychotropic substances (natural and synthetic) during seizure/transit?3. what are the circulars /notifications /directions /guidelines, if any, issued to competent officers to .....

Ashok Kumar SharmA. Vs. State of Rajasthan.

Court : Supreme Court of India

Reported in : 2013(2)SCC67

..... short question that has come up for consideration in this appeal is whether the empowered officer, acting under section 50 of the narcotic drugs and psychotropic substances act, 1985 (for short the ndps act) is legally obliged to apprise the accused of his right to be searched before a gazetted officer or a magistrate and whether such ..... a procedure is mandatory under the provisions of the ndps act.2. pw1, additional superintendent of police (crimes), jaipur city, jaipur got secret ..... ). on completion of the investigation, challan was filed against the accused. learned special judge, ndps framed the charge under sections 8 and 21 of the ndps act. before the special judge, prosecution examined 14 witnesses and produced ex. p1 to p19. the accused-appellant in his statement under section 313 of the .....

Jitendra Panchal Vs. Intelligence Officer, Ncb and anr.

Court : Supreme Court of India

Reported in : AIR2009SC1938; 2009(57)BLJR816; RLW2009(1)SC853; 2009(2)SCALE202; (2009)3SCC57; 2009(2)LC562(SC)

..... , against niranjan shah, kishore joshi and two others under sections 29/20/23/27a/24 read with section 8/12 of the narcotic drugs and psychotropic substances act, 1985, hereinafter referred to as 'the ndps act', in connection with the abovementioned incident. while the said niranjan shah and others were being proceeded with before the learned special judge ..... it will be necessary to briefly set out the factual background in which they arise.3. on 17th october, 2002, officers of the us drug enforcement agency, along with officers of the narcotics bureau, india, seized a consignment of 1243 pounds equivalent to 565.2 kgs. of hashish in newark, usa. during the investigation, it ..... the high court came to the conclusion that merely because the same set of facts gives rise to different offences in india under the ndps act and in the usa under its drug laws, the different circumstances and the law applicable would not debar the special judge, mumbai, from dealing with matters which attracted the .....