Court : Supreme Court of India
Reported in : 1995(2)ALT(Cri)310; 1995(43)BLJR1073; 1996(54)ECC7; (1996)2GLR387; JT1995(4)SC253; 1995(3)SCALE72; (1995)4SCC190; [1995]3SCR905; 1995(2)LC422(SC)
..... seizures made under this act. except for section 37 of the narcotic drugs & psychotropic substances act_, no other provision of the narcotic drugs & psychotropic substances act_ is relied on to contend that there is any inconsistent provisions in the narcotic drugs & psychotropic substances act_ to exclude the applicability merely of the proviso to sub ..... the crpc, 1973 can be invoked by an accused arrested for commission of an offence under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the narcotic drugs & psychotropic substances act_'.) to claim release on bail on the expiry of the total period specified therein if the ..... code is inapplicable in such a case unless there be any specific provision to the contrary in the narcotic drugs & psychotropic substances act_. this conclusion is reinforced by some other provisions of the narcotic drugs & psychotropic substances act_, section 36c says that 'save as otherwise provided in this act, the provisions of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(1)ALD(Cri)899; 2008(2)ALT(Cri)402; JT2008(1)SC279; RLW2008(2)SC1574; (2008)4SCC668; 2008AIRSCW627; 2008(1)Crimes154; AIR2008SC1044; 2008(4)SCC668; (2008)2SCC(Cri)474; 2008(1)SCALE165
..... altamas kabir, j.1. the appellant herein, along with one phool chand and ram prasad, was accused of offences under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the ndps act') and ultimately charges were framed against them by the special judge under section 8/18 and in the alternative under section 8 ..... from the facts of the said case, it appears that apart from the statement made by naushad under section 67 of the ndps act there was other evidence to indicate that business in narcotic drugs was being transacted from his house. his appeal was therefore rejected. as far as mehaboob was concerned, his statement did not ..... to the prosecution, phool chand was willing to have the bag searched before the gazetted officer. accordingly, shri r.k. sinha, superintendent of the narcotics department, who was present with the raiding/preventive party introduced himself as a competent gazetted officer to phool chand who gave his consent in writing about such .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC369; 2007CriLJ880; RLW2007(1)SC630; 2006(12)SCALE331; (2007)1SCC450
..... to take 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 search the ..... s.b. sinha, j.1. appellant was prosecuted for commission of an offence under section 8/18 of the narcotic drugs and psychotropic substances act, 1985 ('the ndps act', for short) on the basis of a first information report lodged by one shri s.s. tomar, the officer in-charge of p.s. ..... not arise. if 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. if he happens to be an empowered officer also, then from that stage onwards .....
Tag this Judgment!Court : Delhi
Reported in : 2003CriLJ3198; 103(2003)DLT758; 2003(68)DRJ326; 2003(87)ECC586; 2003(1)JCC599
..... of bail but has referred to the fact that the detenu when admitted to bail is likely to engage himself in illicit traffic in narcotic drugs and psychotropic substances. the detaining authority has taken into consideration the past conduct of the accused detained pursuant to the recovery and the propensity to ..... a right to make a representation against his detention to the detaining authority, central government and the central advisory board (prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988).25. if shri gurnam singh @ harjit @ babbu wishes to make a representation to the detaining authority and/or the central government ..... kakka kandyala, post kadd gill, p.s. city tarantaran, district amritsar, punjab under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988. the officers of directorate of revenue intelligence (dri) delhi zonal unit, new delhi received a specific intelligence indicating that a maruti .....
Tag this Judgment!Court : Delhi
Reported in : 40(1990)DLT388
..... him passed on 19.1.89 the order was passed under section 3(1) of the prevention of illicit traffic in narcotic drugs & psychotropic substances act, 1988. in the detention order he is described as a kingpin in organized drugs trafficking. it is alleged that about 400 kgs. of charas was recovered from him on 21.7.86. the ..... the petitioner has challenged the legality and validity of dentention order dated 19.1.1989 passed against him under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988. (3) the said order and grounds of detention may be noted : 'no.f. 6/35/88-hp-11 delhi administration: delhi home ..... regard to all the procedural guarantees inherent in the said provisions in the light of article 22(5) of the constitution. in 1988 the parliament also amended narcotic drugs and psychotropic substances act, 1985. the act prescribes 10 years rigorous imprisonment and fine of rs. 1,00,000.00 at the minimum sentence. by a subsequent amendment .....
Tag this Judgment!Court : Delhi
Reported in : 1997(42)DRJ660
..... order of 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 the commission ..... (b)detain and search any person whom he has reason to believe to have committed an offence punishable under chapter iv, and, if such person has any narcotic drug or psychotropic substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company. explanationn-for the purposes of this ..... arrest in public places- 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 in respect of which he has reason to believe an offence punishable under chapter iv has been committed and, along with such .....
Tag this Judgment!Court : Kerala
Reported in : 2001(1)ALT(Cri)302; 2001CriLJ2131
..... this provision, where an empowered officer who 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 the commission ..... empowered officer has the power of seizure of the article etc., and for arrest of a person who is found to be in possession of any narcotic drug or psychotropic substance in a public place where such possession appears to him to be unlawful.10. the said decision, according to me, contains clear and categoric ..... a joint reading of s. 42(1) and s. 42(2) of the ndps act therefore makes it very clear that the requirement in s. 42(2) will be attracted only to a case where the information relates to the availability of narcotic drug or psychotropic substance in a 'building, conveyance or enclosed place' as distinct from their availability in .....
Tag this Judgment!Court : Gujarat
Reported in : 1998CriLJ2144; (1998)1GLR639
..... 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 or any document or other article in connection therewith has been kept or concealed in any building, conveyance or place, whether by day or ..... 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 the ..... 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 .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ301; 1997(3)WLC395; 1997(2)WLN67
..... , j.1. the petitioner kehar singh is the father of harjeet singh who has been detained under the prevention of illicit traffic in narcotic-drugs psychotropic substances act, 1988 (hereinafter referred to as the 'pit ndps act'). an order was made by shri a. k. srivastava, joint secretary to the government of india on 19th august, 1996 under section ..... in passing the order keeping in view that after bail was granted to the detenue, he might indulge in the activity 'of possession, concealment and transportation of narcotic drugs.8. we have given the matter our anxious consideration.9. the hon'ble apex court in the case of dharmendra suganchand (supra) has considered all the ..... is already in custody, it cannot rationally be postulated that if he is not detained under the pit ndps act, he would engage himself in illicit traffic of narcotic drugs. the detenue is facing trial for the offence under the ndps act. therefore, it cannot be said that the custody of the detenue is for a short duration. the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ3585; RLW2006(3)Raj2459; 2006(4)WLC425
..... short, 'the trial court') hereinafter) in sessions case no. 263/2001, whereby the trial court convicted the appellant for the offence under section 8/18 of the narcotic drugs and psychotropic substances act, 1985 (for short, 'the n.d.p.s. act' hereinafter) and sentenced him to undergo ten years rigorous imprisonment and a fine of rs. ..... t.n. (supra), the appellant therein were found guilty of offences under sections 8(c) r/w section 20(b)(ii) of the ndps act. they were found in possession of narcotic drug (hashish). the case was registered against the appellants therein on the basis of the statement of p.w. 8 (inspector) who had conducted the ..... though its compliance if not mandatory. in the circumstances, therefore, the contention of learned counsel for the appellant regarding non-compliance of section 57 of the ndps act cannot be accepted.34. learned counsel for the appellant further contended that panch witnesses (motbirs) did not support the case of the complainant and have turned .....
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