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Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 36d transitional provisions Page 1 of about 52 results (0.302 seconds)

May 08 1992 (HC)

Union of India (Uoi) and anr. Vs. Prahlad Singh

Court : Madhya Pradesh

Reported in : 1992CriLJ3199

..... . mohanlal, as the common central question involved in all the four petitions is whether in the absence of constitution and establishment of a special court under section 36 of the narcotic drugs and psychotropic substances act, 1985 (for short, the 'act'), the sessions court under section 36d, which deals with transitional provisions until a special court is constituted under section 36, can take ..... cognizance and try the offences under sections 8/18 of the act, committed after enforcement of the narcotic drugs and psychotropic substances (amendment) act, 1988 without the case being committed to the court of session.2. the act was amended by the narcotic drugs and psychotropic substances (amendment) act, 1988 (act 2 of 1989) (for short, the 'amending act'), which came into force from .....

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Dec 01 1994 (HC)

Bar Association Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 1995(0)MPLJ562

..... persons to whom notices have been issued, are present.2. difficulties have arisen in dealing with cases not only under the 1989 act but also under the provisions of the narcotic drugs and psychotropic substances act, 1985 (for short 'the 1985 act') both of which contemplate establishment of special courts. while special courts have been established in each district in the state under .....

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May 04 2006 (HC)

Jamil Ahmad Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2006CriLJ3337

..... district mainpuri has shown the false recovery of smack from the possession of the applicant and he was challenged under section 18/20/29 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as act). after investigation, charge sheet was filed against the applicant in the court of sessions judge, mainpuri ..... down the transitional provisions which runs as follows:36d. transitional provisions. - (1) any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988 (2 of 1989), which is triable by a special court shall, until a special court is constituted under section 36, ..... be tried by a court of session.(2) where any proceedings in relation to any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988 (2 of 1989), are pending before a court of session, then, notwithstanding anything contained in sub-section (1), .....

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Feb 09 1994 (HC)

Rakesh Kumar Vs. the State

Court : Delhi

Reported in : 1994(42)BLJR1087; 1994CriLJ1942; ILR1994Delhi373

..... led international initiative to require the countries to enact stringent laws to curb the production, sale and distribution of such narcotic drugs and psychotropic substances. the hazardous evil effects of the narcotic drugs and psychotropic substances on the health of the human society are well known. our parliament had put on the statute book the ..... provision. section 36d reads as follows :- '36d transitional provisions - (1) any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act 1988, until a special court is constituted under section 36, shall, notwithstanding anything contained in the code of criminal procedure 1973 (2 ..... 2. the legal questions which arise for decision are us to whether in view of the provisions of section 36a to 36d of the narcotic drugs and psychotropic substances act 1985 (hereinafter to be called n.d.p.s. act), was the metropolitan magistrate entitled to remand the petitioner in judicial .....

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Aug 01 1992 (HC)

R.P. Patankar, Asstt. Collector of Customs Vs. Mussa Wamla and anr.

Court : Mumbai

Reported in : 1992(3)BomCR604

..... the importance of section 36-d i will reproduce the same in full :'(1) any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988, until a special court is constituted under section 36, shall notwithstanding anything contained in the code of criminal procedure, 1973, be ..... of the applicants will be attended to in the later part of the judgment.2. the narcotic drugs and psychotropic substances act, 1985 (no. 61 of 1985) was enacted with a view to consolidate and amend the law relating to narcotic drugs and to make stringent provisions for the control and regulation of operation etc. until 28th may, ..... of the ndrs act excludes the grant of bail to a person like the first respondent. in support of this contention, the learned public prosecutor relies upon narcotics control bureau v. kishan lal and others, reported in : 1991crilj654 . so far as the statue goes the decision relied upon by the learned public prosecutor .....

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Jul 24 1990 (HC)

State Vs. Moidu

Court : Kerala

Reported in : 1991(51)ELT34(Ker)

..... to warrants, arrests, searches and seizures, section 52 provides for disposal of persons arrested and articles seized. section 52a provides for disposal of seized narcotic drugs and psychotropic substances. section 53 provides, --'(1) the central government, after consultation with the state government may, by notification published in the official gazette, invest ..... for the search, whether by day or by night, of any building, conveyance or place in which he has reason to believe 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 ..... , senior central government standing counsel as also the additional public prosecutor.4. the sessions judge has stated, that the officers empowered under the narcotic drugs and psychotropic substances act to investigate into offences and prosecute the offenders are not police officers, entitled to file a report or a charge-sheet under .....

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Jul 24 1990 (HC)

State Superintendent, Special Customs Preventive Unit Vs. Moidu

Court : Kerala

Reported in : 1991CriLJ800

..... warrants, arrests, searches and seizures. section 52 provides for disposal of persons arrested and articles seized. section 52 a provides for disposal of seized narcotic drugs and psychotropic substances. section 53 provides,--'(1) the central government, after consultation with the state government may, by notification published in the official gazette, invest ..... , senior central government standing counsel as also the additional public prosecutor.4. the sessions judge has stated, that the officers empowered under the narcotic drugs and psychotropic substances act to investigate into offences and prosecute the offenders are not police officers, entitled to file a report or a charge-sheet under ..... on a complaint filed by the superintendent of special customs preventive unit, cannanore against one a. moidu of azhiyoor under section 17 of the narcotic drugs and psychotropic substances act, 1985 on the allegation that he was found in unauthorised possession of 7.600 kgs., of opium for sale on 26- .....

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Feb 16 1993 (HC)

Sankar Singh Vs. State of Assam and anr.

Court : Guwahati

..... of bail.17. the object of the act, inter alia, is to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances. the act provides for deterrent punishments for various offences. the act at it originally stood did not contain any provision indicating whether the offences ..... case no. 1/cl/ndps/bpb/92 of the customs and central excise, crime branch, have filed these applications for bail under section 37 of the narcotic drugs and psychotropic substances act, 1985 (for short, the act) read with section 439 of the code of criminal procedure, 1973 (for short, the code). the ..... it originally stood and as amended. the act was intended to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances and for matters connected therewith. central government is required to take all necessary measures to prevent and .....

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Sep 15 1992 (HC)

Banka Das, Vs. State of Orissa

Court : Orissa

Reported in : 1993CriLJ442; 1992(II)OLR395

..... fide prosecutions:'the act is comparatively a recent statute enacted with the object of meeting the unprecedented challenge of illicit traffic in narcotic drugs and psychotropic substances. drug abuses have been recognised as the single most powerful social offender in recent times creating unimaginable extent of damages on frighteningly large sections ..... objects of enactment, it is clear that the statute was enacted to provide stringent provisions for control and regulation of operation relating to narcotic drugs and psychotropic substances. the intention of the legislature to make the provisions stringent and to thwart attempts by the accused to slip throug the ..... in certain judgments has become dry, divergence of view has surfaced and doubt regarding their correctness has arisen, relating to certain provisions of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the act). though only one question was referred to the full bench for adjudication, members .....

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Jul 15 1999 (HC)

State of Orissa Vs. Hari Behera and anr.

Court : Orissa

Reported in : 1999(II)OLR236

..... including the state of orissa. as a matter of fact. notifications were i'ssued under the n.d.p.s. act in march. 1988, and subsequently the orissa narcotic drugs and psychotropic substances rules, 1989 (in short, the 'orissa rules') were framed in 1989 only.6. prior to the coming into force of the n.d.p.s. act, ..... orissa excise act. it is admitted that the offences alleged to have been committed in both the cases took place after 14.11.1985, the date on which the narcotic drugs and psychotropic substances act. 1985 (in short, the 'n.d.p.s. act') came into force. the c.j.m. was of the view that since the opium ..... it was necessary to enact more stringent provisions and as such it was felt necessary to enact a comprehen'sive legislation on narcotic drugs and psychotropic substances which, inter alia, would consolidate and amend the existing laws relating to narcotic drugs.7. since the views expressed by the learned single judge in the earlier decision of this court reported in (1991) .....

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