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Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 50 conditions under which search of persons shall be conducted Page 1 of about 1,562 results (0.263 seconds)

Dec 15 2021 (HC)

Mustaq Ahamed Alias Maamu Vs. State Of Karnataka

Court : Karnataka

..... ) in spl.c. no.25/2010 dated 01.06.2011, whereby held conviction for the offence punishable under section 20(b) of narcotic drugs and psychotropic substances act (hereinafter referred to as ndps act ) 1985.2. in this appeal appellant is seeking for consideration of the grounds urged in the appeal memo 3 and consequently to set ..... reason to believe an offence punishable under this act has been committed. but section 50 of ndps act, it is mandatory provision for conditions under which search of persons shall be ..... and arrest without warrant or authorization. section 43 of ndps act, 1985 deals with power of seizure and arrest in public place any officer of any of the departments mentioned in section 42 may (a) seize in any public place or in transit, any narcotic drug or psychotropic substance or controlled substance in respect of which he has .....

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Jan 09 2013 (SC)

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 .....

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Jul 29 2009 (SC)

Karnail Singh Vs. State of Haryana

Court : Supreme Court of India

Reported in : 108(2009)CLT681(SC); 2009CriLJ4299; JT2009(10)SC360; 2009(5)MPHT123(SC); 2009(II)OLR(SC)628; 2009(10)SCALE255; (2009)8SCC539:2009AIRSCW5265

..... the person to be searched to the nearest gazetted officer or magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or magistrate, proceed to ..... the state government, if he has reason to believe from personal knowledge or information given by any person and taken down in writing that 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 of ..... 42 also and consequently held as follows: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 .....

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Aug 27 1997 (HC)

K. Leela Vs. State

Court : Chennai

Reported in : 1999(113)ELT398(Mad)

..... no. s.o. 824(e), dated november 14, 1985 wherein in exercise of the powers conferred by sub-section (2) of section 41 of the narcotic drugs and psychotropic substances act, 1985 (61 of 1985), the central government hereby empowers the officers, of and above the rank of superintendent being officers of gazetted rank and ..... personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under chapter iv or that any narcotic drug, or psychotropic substance in respect of which any offence punishable under chapter iv has been committed or any document or other article which may furnish evidence of ..... in convicting the accused for the offence mentioned above. she submitted that the search made by p.w. 1 is in contravention of section 50 of the narcotic drugs and psychotropic substances act, 1985. she invited my attention to section 50 of the said act, which reads as follows :- 'conditions under which search of persons shall be .....

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Aug 05 1996 (HC)

Rajinder Kumar Vs. State

Court : Delhi

Reported in : 1996IVAD(Delhi)42; 63(1996)DLT721

n.g. nandi, j. (1) this appeal is directed against the conviction and sentence recorded under section 18 of the narcotic drugs and psychotropic substances act, , 1985 (hereinafter referred to as 'the act') in fir no. 43/87, police station chandni mahal, delhi by the learned additional sessions judge, delhi in sessions case no. ..... of cfsl is ex. pw6/b. all what is suggested is that three sealed parcels 'in connection with fir no. 43 dated 3.3.1987 u/section 18/61/85 ndps act were received as per messenger on 9.3.87. there is no reference to the receipt of cfsl form duly filled in and sent and received in laboratory. (14) thus .....

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May 25 1995 (HC)

Satyendra Sah @ Churabhu Sah Vs. State of Bihar

Court : Patna

..... claims to be a petty businessman and he is in custody in kochas p.s. case no. 93 of 1994 under section 22, 27 and 32 of the narcotic drugs and psychotropic substances act, 1985 cndps act for short) the prosecution case in short is that the informant, a sub-inspector of police, received confidential information at 8.15 a ..... instant case, the recovery of herion from the possession of the petitioner, prima facie, appears to have been made in contravention of the mandatory provisions of section 50, ndps act. the police officer had received prior information that some-one was selling heroin and had the time to record s.b. entry before proceeding to the place with police ..... of the contraband on the person from whom the contraband had allegedly been seized in an illegal manner. the conviction of the accused for various offences under the ndps act was, therefore, set-aside for non-compliance with the mandatory provisions of section 50.5. the special procedure with regard to the grant of bail in a .....

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Dec 08 1995 (HC)

Babulal and ors. Vs. Union of India (Uoi)

Court : Madhya Pradesh

Reported in : 1996CriLJ1864

..... the applicants were searched before a gazetted officer, and therefore, there has been compliance of provisions of section 50 of narcotic drugs and psychotropic substances act.section 50 of narcotic drugs and psychotropic substances act reads:-'conditions under which search of persons shall be conducted-(1)then any officer duly authorised under section 42 ..... gazetted officer is an important right which is available to a person who has been apprehended as an accused of an offence punishable under narcotic drugs and psychotropic substances act. the investigating agency cannot be permitted to foil the intention of legislation guaranteeing such an important right available to an accused ..... who is accused of an offence punishable under provisions of narcotic drugs and psychotropic substances act by playing tricks. taking a gazetted officer with the raiding party is a clever trick which seems to be used by .....

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Jun 05 2007 (SC)

State of Rajasthan Vs. Babu Ram

Court : Supreme Court of India

Reported in : 105(2008)CLT265(SC); JT2007(8)SC510; 2007(6)MhLj465; 2007MPLJ432(SC); RLW2007(4)SC2887; 2007(8)SCALE382; (2007)6SCC55

..... 31.8.1987 passed by the learned sessions judge, balotra, in sessions case no.10/86 by which while acquitting the accused for offence punishable under section 18 of the narcotic drugs & psychotropic substance act, 1985 (hereinafter referred to as the 'act'), convicted him for offence punishable under section 17 of the act and sentenced him to undergo ri for 10 years and ..... a search or causes arrest of a person during the normal course of investigation into an offence or suspected offence and on completion of that search, a contraband under the ndps act is also recovered, the requirements of section 50 of the act are not attracted'11. the bench recorded its conclusion in para 57 of the reports and sub-paras (1 .....

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Sep 26 2014 (HC)

Daphira Wallang and Another Vs. Inspector of Customs HPU and Others

Court : Karnataka

..... the person to be searched to the nearest gazetted officer or magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or magistrate, proceed to ..... mansuri vs. state of gujarat, (2000)2 scc 513, a three-judge bench of this court held that compliance of section 42 of the narcotic drugs and psychotropic substances act, 1985, is mandatory and failure to take down the information in writing and forthwith send a report to his immediate official superior would ..... the complaint was hence filed for offences punishable under section 8 (e), 21, 23, 27a, 28 and 29 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'ndps act', for brevity). the presence of the above accused persons was secured before the court immediately after registration of the case. the accused .....

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Sep 26 2014 (HC)

Ms. Daphira Wallang Vs. Inspector of Customs

Court : Karnataka

..... the person to be searched to the nearest gazetted officer or magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or magistrate, proceed to ..... rashid ibrahim mansuri vs. state of gujarat, (2000)2 scc513 a three-judge bench of this court held that compliance of section 42 of the narcotic drugs and psychotropic substances act, 1985, is mandatory and failure to take down the information in writing and forthwith send a report to his immediate official superior would ..... . the complaint was hence filed for offences punishable under section 8 (c), 21, 23, 27a, 28 and 29 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the ndps act , for brevity). the presence of the above accused persons was secured before the court immediately after registration of the case. the .....

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