Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 52a disposal of seized narcotic drugs and psychotropic substances Page 1 of about 73 results (0.169 seconds)

Mangilal Vs. The State Of Madhya Pradesh

Court : Supreme Court of India

..... storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the official gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as ..... such manner as that government may, from time to time, determine after following the procedure hereinafter specified. (2) where any narcotic drugs, psychotropic substances, controlled substances or conveyances has been seized and forwarded to the officer-in-charge of the nearest police station or to ..... origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs, psychotropic substances, controlled substances or conveyances in any proceedings under this act and make an application, to any magistrate for the purpose of .....

Vishwas Bhosle, Asst. Collector of Customs Vs. Onyekwo Felix Nwafar an ...

Court : Mumbai

Reported in : 1995(2)BomCR212; (1995)97BOMLR854

..... notification published in the official gazette, specify such narcotic drugs or psychotropic substances or class of narcotic drugs or class of psychotropic substances which shall, as soon as may be after their seizure, be disposed of by such officer and in such ..... chemical analyser. the procedure laid down under section 52a as under :-52-a. disposal of seized narcotic drugs and psychotropic substances.---the central government may, having regard to the hazardous nature of any narcotic drugs or psychotropic substances, their vulnerability theft, substitution, constraints of proper storage space or any other relevant considerations, by ..... and goods. it has been submitted that it is the policy of the central government to destroy the narcotic drugs etc. after following the procedure under section 52 of the ndps act, 1985. it has been submitted by the learned public prosecutor that the sample article 15 is the same .....

Noor Aga Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : 2008(56)BLJR2254; 2008AIRSCW5964; 2008(4)LH(SC)2896

..... section 52 provides for disposal of persons arrested and articles seized. section 52a provides for disposal of seized narcotic drugs and psychotropic substances; sub-section (2) whereof reads as under:(2) where any narcotic drugs or psychotropic substances has been seized and forwarded to the officer in charge of the nearest police station or to the ..... contains draconian provisions. it must, however, be borne in mind that the act was enacted having regard to the mandate contained in international conventions on narcotic drugs and psychotropic substances. only because the burden of proof under certain circumstances is placed on the accused, the same, by itself, in our opinion, would not ..... the court to impose fine of more than maximum punishment of rs.2,00,000/- as also the presumption of guilt emerging from possession of narcotic drugs and psychotropic substances, the extent of burden to prove the foundational facts on the prosecution, i.e., `proof beyond all reasonable doubt' would be more .....

Pilli Dilli Dora Vs. State of Orissa

Court : Orissa

Reported in : 1995(1)ALT(Cri)14; 78(1994)CLT734; 1995CriLJ1758

..... aforesaid standing order further provides : 'the quantity to be drawn in each sample for chemical test shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances save in the cases of opium, ganja and charas (hashish) where a quantity of 24 grams in each case is required for chemical test. the ..... medical and scientific purpose. it reads as follows: 's.o. 390(e). in exercise of the powers conferred by the first proviso to section 8 of the narcotic drugs and psychotropic substances act, 1985 (61 of 1985), the central government hereby specifies the 13th december, 1989 as the date from which the prohibition against the production, possession, use ..... on the investigation including search, seizure or arrest empowered under the provisions of the cr. p.c. comes across a person being in possession of the narcotic drugs or psychotropic substances then two aspects will arise. if he happens to be one of those empowered officers under the n.d.p.s. act also then he must .....

State of Gujarat Vs. Rashish Ahmed Rafik Ahmed

Court : Gujarat

Reported in : (1991)1GLR548

..... charge of the nearest police station or the officer empowered under section 53 of the act. special procedure has been prescribed for the disposal of narcotic drugs psychotropic substances having regard to the factors set out in section 52a. the role of the officers effecting arrest or seizure, except in the case ..... an error in holding that the muddamal article ought to have been examined by chemical examiner as defined under the narcotic drugs and psychotropic substances rules, 1985. these rules nowhere prescribe that narcotic drugs and psychotropic substances which are seized by police officers or by the officers authorised under sections 41, 42, 43 and ..... sections 41 and 42, than it would have specifically provided for it. it is apparent that considering the seriousness of the offence relating to narcotic drugs and psychotropic substances, apart from the police officers who can investigate the cognizable cases, the legislature has authorised the central government or the state government .....

Union of India Vs. Mohanlal and Anr

Court : Supreme Court of India

..... the code of criminal procedure, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of [narcotic drugs, psychotropic substances, controlled substances or conveyances]. and any list of samples drawn under sub-section (2) and certified by the magistrate, as primary evidence in respect ..... stood finally concluded at the trial, appeal, revision and further appeals, if any, before 29th may, 1989 the continued storage of drugs and narcotic drugs and psychotropic and controlled substances and conveyances is of no consequence not only because of the considerable lapse of time since the conclusion of the ..... constraints of proper storage space or any other relevant considerations, by notification published in the official gazette, specify such narcotic drugs or psychotropic substances or class of narcotic drugs or class of psychotropic substances which shall, as soon as may be after their seizure, be disposed of by such officer and in such .....

Filli Dilli Dora Vs. State of Orissa

Court : Orissa

Reported in : 1994(II)OLR240

..... order further provides :'the quantity to be drawn in each sample for chemical asst shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances save in the cases of opium, ganja and charass hashish) where a quantity of 24 grams in each case is required for chemical test ..... scientific purpose. it reads as follows ;'s.o. 390 (e). in exercise of the powers conferred by the first proviso to section 8 of the narcotic drugs and psychotropic substances act, 1985 (61 of 1985), the central government hereby specifies the 13th december, 1989 as the date from which the prohibition against the production, possession ..... other than medical and scientific purposes shall take effect.'paragraph 1.3 of the standing instruction no 1 of 1988 issued by the narcotics control bureau states as follows :'all illicit narcotic drugs or psychotropic substances recovered from a person, place, conveyance etc. are material evidence as they are liable to confiscation. further, they constitute .....

Nasir Ganibhai Shaikh Vs. State of Gujarat

Court : Gujarat

Reported in : 2004(97)ECC40

..... sessions court, ahmedabad in sessions case no.294/97 under which the learned trial judge convicted the present appellants for offence punishable under section 21 of the narcotic drugs psychotropic substance acts, 1985.(for short, 'the said act'). however, both the appellants were convicted for the offence punishable under section 29 read with section 21 ..... of the state government, if he has reason to believe from 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 ..... be presumed, unless and until the contrary is proved, that the accused has committed an offence under chapter iv in respect of - (a) any narcotic drug or psychotropic substance;(b) any opium poppy, cannabis plant or coca plant growing on any land which he has cultivated;(c) any apparatus specially designed or any group .....

Sharukh Vs. State Of Karnataka

Court : Karnataka Kalaburagi

..... storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the official gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, ..... of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs, psychotropic substances, controlled substances or conveyances in any proceedings under this act and make an application, to any magistrate for the purpose of ..... criminal procedure, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of narcotic drugs, psychotropic substances, controlled substances or conveyances and any list of samples drawn under sub-section (2) and certified by the magistrate, as primary .....

Shubham Vs. The State Of Karnataka

Court : Karnataka Kalaburagi

..... storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the official gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, ..... of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs, psychotropic substances, controlled substances or conveyances in any proceedings under this act and make an application, to any magistrate for the purpose of ..... criminal procedure, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of narcotic drugs, psychotropic substances, controlled substances or conveyances and any list of samples drawn under sub-section (2) and certified by the magistrate, as primary .....