Court : Chhattisgarh
Reported in : 2001(2)MPHT77(CG)
..... imposed by or a corresponding punishment provided for by or under this act for thecultivation of cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within india.'section 82 which deals with repeals and savings reads as under :--82. repeal and savings.-- (1) the opium act, 1857 ..... then such state act would stand saved. as a corollary, it would mean that where the central act/ndps act, 1985 imposes any restriction or provides for punishment in relation to some narcotic drugs and psychotropic substances which are greater in degree in relation to punishment, then the provisions of the state act shall stand ..... , learned counsel for the state has opposed the application.4. undisputedly, before enforcement of ndps act, 1985, different laws were covering different fields relating to narcotic drugs and psychotropic substances. the opium act, 1857, the opium act, 1878, the dangerous drugs act, 1930 and the m.p. excise act, 1915 were dealing with the possession .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2004(3)MPHT43(CG)
..... 1985 were amended by the, amending act which rationalized the structure of punishment under the act by providing graded sentences linked to the quantity of narcotic drug or psychotropic substance in relation to which the offence was committed and application of strict bail provisions was also restricted.7. apart from these provisions the amending ..... found that a large number of cases, in which the accused were found to be in possession of small quantity of drugs, were really cases of drug addicts and not traffickers in narcotic drugs and psychotropic substances. as a result of the stringent bail provisions there were hardly any cases where such persons could obtain bail. ..... 8/2001 whereby learned special judge after holding the accused/appellant guilty for commission of the offence under section 8 read with section 21 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act, 1985'), sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of rs. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(3)MPHT72(CG)
..... the officer who was not empowered could proceed with the seizure and investigation. if the concerned officer who accidentally or by chance comes across the narcotic drug and psychotropic substance then immediately on finding the same, he has to refer the matter to an empowered officer who shall be obliged to proceed further in ..... detain and search any person whom he has reason to believe to have committed an offence punishable under chapter 4 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 another person in his company.11. in the present ..... or arrest under the provisions of code of criminal procedure, comes across a person being in possession of narcotic drug or the psychotropic substance then he himself would follow from that stage onwards the provisions of the ndps act and continue the investigation as provided thereunder. according to the supreme court if the investigating officer is not .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ2326
..... dated 8-7-2003 delivered by smt. maitrayee mathur, special judge, rajnandgaon in special case no. 41/2003 whereby the appellant was convicted under section 20(b)(i) of the narcotic drugs & psychotropic substances act, 1985 (hereinafter referred to as the act, 1985) and was sentenced to rigorous imprisonment for 5 years and fine of rs. 5,000/- and in default of payment ..... trial judge to scrutinize the evidence led by the prosecution minutely to ensure compliance of the mandatory provisions of the act 1985 relating to search and safe custody of the narcotic drug. regrettably, it must be said that the learned trial judge convicted the appellant in a most perfunctory and mechanical manner without application of judicial mind. she also did not even .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006(4)MPHT44(CG)
d.r. deshmukh, j.1. this appeal is directed against the judgment dated 27-4-2006 passed by special judge (ndps act), raipur, in special criminal case no. 52/2004 whereby the appellants were convicted under section 20(b)(ii)(c) of the narcotic drugs & psychotropic substances act, 1985 (hereinafter referred to as 'act') and were sentenced to undergo rigorous imprisonment for 10 years and fine .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ1745; 2006(3)MPHT1(CG)
..... 16-8-2005 delivered by smt. maitrae mathur, special judge, raipur in special criminal case no. 41/2002 whereby the appellant was convicted under section 20(b)(i) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'act') and was sentenced to undergo rigorous imprisonment for 3 years and a fine of rs. 25.000/- and in default .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2002CriLJ1434; 2001(4)MPHT9(CG)
..... -9-1994 passed in sessions trial no. 152 of 1994 by the learned first additional sessions judge, raigarh convicting the appellant under section 8 read with section 18 of the narcotic drugs and psychotropic substances act, 1985 sentencing him to undergo r.i. for ten years and pay fine of rs. one lac in default of payment of fine to undergo further r ..... bring home the guilt. it accordingly convicted and sentenced the accused. 3. shri awadh tripathi, learned counsel for the appellant submits that the prosecution came with the case that the narcotics were recovered on person of the accused especially in search of his purse and as the learned court below in para 22 of its judgment had clearly recorded that the .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ2177
..... delivered by shri raghubir singh, special judge, n.d.p.s. act, ambikapur, surguja in special criminal case no. 16/2002 whereby the appellant was convicted under section 22 of narcotic drugs and psychotropic substances act (hereinafter referred to as 'the act') and was sentenced to r.i. for ten years and a fine of rs. 1,00,000/-, in default to undergo .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2002CriLJ4417; 2003(86)ECC372; 2003(1)MPHT5(CG)
..... n. kuranga, j.1. this appeal has been filed by the appellant under section 454 of the code of criminal procedure read with section 63(3) of the narcotic drugs & psychotropic substances act, 1985 (hereinafter referred to as the 'act') against the order dated 30-1-2002 passed by the special judge (ndps) bastar at jagdalpur in special ..... precautions against such use.'5. it appears that sub-section (3) of section 60 of the act has been enacted primarily to stop illegal activities of transporting narcotic drugs and psychotropic substances. to give relief to such owners who are innocent in the matter, a facility has been provided and an exception has been drawn. the exception must ..... the vehicle to the government.4. sub-section (3) of section 60 of the act reads thus:--'(3) any animal or conveyance used in carrying any narcoticdrug or psychotropic substance, or any article liable to be confiscation under sub-section (1) or sub-section (2) shall be liable to confiscation, unless the owner of the .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ2293
..... shri r. s. sharma, learned sessions judge, n.d.p.s. act, bastar, headquarter at jagdalpur whereby the appellant was convicted under section 20(b)(ii)(b) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'act') and was sentenced to r.i. for 4 years and a fine of rs. 15.000/- and in default of payment .....
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