Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 52a disposal of seized narcotic drugs and psychotropic substances Page 2 of about 73 results (1.072 seconds)

Tofan Singh Vs. The State Of Tamil Nadu

Court : Supreme Court of India

..... by any person, whose name need not be disclosed, and taken down in writing, that any person has committed an offence punishable under the ndps act or any narcotic drug, psychotropic substance or any document, article etc. as mentioned in section 41(2) is kept concealed in any building conveyance or place.56. the power ..... evidence act, 1872 or the code of criminal procedure, 1973, 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 of ..... in any building, conveyance or place.57. section 42 enables a duly empowered officer to enter any building, conveyance or place, conduct a search, seize narcotic drugs, psychotropic substances, and other articles in accordance with section 42(1)(c), and detain, search or even arrest any person, subject to his having the reason to .....

Dilip Das Vs. State of West Bengal

Court : Kolkata

Reported in : 2004(4)CHN655

..... 9 of 2001 which reads as follows:'2. definitions.-in this act, unless the context otherwise requires,-(xxiiia) 'small quantity', in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the central government by notification in the official gazette.'24. this amendment was inserted by ..... falling within the scope of section 2(viiia)(i) to (v).17. section 2(viiia) of the said act speaks of illicit traffic in relation to narcotic drugs and psychotropic substances meaning cultivation, engaging in the production, manufacture, possession, sale, purchase, dealing in any activities, handling as a whole etc. etc.18. the ..... iii) falls within the category of small quantity the conviction recorded by the learned trial court in respect of the charge of section 27a of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the said act) was not maintainable. further it has been canvassed that the evidence on record does .....

Sushil Kumar Khajuria and ors. Vs. State

Court : Jammu and Kashmir

Reported in : 2000CriLJ682,2003(3)JKJ168

..... are the officers of the department of revenue intelligence (dri) who have been invested with the powers of an officer-incharge of a police station under section 53 of narcotic drugs & psychotropic substances act, 1985 (hereinafter called 'the act'), 'police officers' within the meaning of section 25 of the evidence act? if yes, is a confessional statement ..... 173 of the code.........' the ratio decidendi of the judgment is that: the officers of the department of revenue intelligence though empowered under section 53 of ndps act as officers-in-charge of police station are not police officers within the meaning of section 25 of the evidence act; and the role of such officers ..... case of police officers, ends with the disposal of the person arrested and the article seized in the manner provided by sections 52 and 52a of the ndps act. however, while the questions raised in these petitions were already concluded by a catena of authorities of this court the matter has now been completely set at .....

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 .....

Narcotics Control Bureau vs.unknown Person

Court : Delhi

..... after confiscation the procedure to be followed is section 52(a) of ndps act which is prescribed by the notification dated 16.01.2015.16. under the ndps act there are two types of seizure of the narcotic drug, psychotropic substance or controlled substance:-"i. narcotic drug, psychotropic substance or controlled substance seized from a person. ii. narcotic drug, psychotropic substance or controlled substance seized from a public place and the offender is ..... inquire into and decide such liability, and may order confiscation accordingly".19. therefore, there are two ways formulated for destroying the narcotic drug, psychotropic substance or controlled substance under the ndps act:-"i. under section 52a of ndps act and; ii. under section 63(2) of ndps act.20. the whole question hinges around whether the case property in the instant petition is to be confiscated/disposed/destroyed under .....

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 .....

Commissioner of Income Tax, Salem Vs. K. Chinnathamban

Court : Supreme Court of India

Reported in : (2007)211CTR(SC)86; JT2007(9)SC549; 2007(9)SCALE350; 2007(2)LC0871(SC)

S.H. Kapadia, J.1. Leave granted.2. The short question which arises for determination in this group of civil appeals is: Whether in the facts and circumstances of the case the Tribunal was right in holding that income on the unexplained investments should be considered in the hands of the firm, M/s V.V. Enterprises.3. For the sake of convenience, we mention herein below the facts of the civil appeal arising out of Special Leave Petition (C) No. 11596/2006.4. K. Chinnathamban, the respondent-assessee, was connected with the firm by the name V.V. Enterprises, having its premises at No. 2 & 3A, East Pemmanoor Road, Salem. There was a search in the premises by police officers on 19.8.1991 when Rs. 1.18 crores (approx.) was seized. This seizure was followed by a survey under Section 133A and investigations under Section 132 of the Income Tax Act, 1961 (hereinafter referred to as the 'said Act'). The firm was managed by one K. Palanisamy who had filed his Return and who appeared on summons a...

Commissioner of Central Excise, Delhi Vs. Carrier Aircon Ltd.

Court : Supreme Court of India

Reported in : 2006(199)ELT577(SC); JT2006(6)SC181; 2006(6)SCALE564; (2006)5SCC596; [2006]147STC421(SC); 2006(2)LC894(SC)

Ashok Bhan, J.1. This judgment shall dispose off Civil Appeal Nos. 3914 of 2001, 8418 - 8419 of 2001, 4715 - 4717 of 2002 and 2898 of 2005 by a common order as the point involved in all these appeals is the same.2. Facts are taken from Civil Appeal No. 3914 of 2001. The point which calls for consideration is as to:Whether the chillers manufactured by M/s. Carrier Aircon Limited (respondent herein) are classifiable under Chapter Heading 84.18 of the Schedule to the Central Tariff Act (for short 'the Act') as claimed by them or under Chapter Heading 84.15 as contended by the Revenue?M/s. Carrier Aircon Limited (respondent herein) is engaged in the manufacture of chillers besides other goods i.e. room air-conditioners, air handling units, gas compressors, radiators for central heating and parts of aforesaid goods. Respondent classified the chillers manufactured by it as refrigerating and freezing equipments under sub-heading No. 8418.10 of the First Schedule to the Central Excise Tariff A...

K. Madalaimuthu and anr. Vs. State of Tamil Nadu and ors.

Court : Supreme Court of India

Reported in : AIR2006SC2662; JT2006(6)SC190; (2006)3MLJ161(SC); 2006(6)SCALE433; (2006)6SCC558; 2006(2)LC884(SC)

Altamas Kabir, J.1. These three appeals arise from the common judgment and order dated 24.12.2001 passed by the Division Bench of the Madras High Court in Writ Petition Nos. 16806/98, 1548/99 and 1549/99. One K. Madalaimuthu was the petitioner in the first two writ petitions, while one A. Arumuga Nainar was the petitioner in the third writ petition. Both of them had similar interests and the reliefs prayed for were also similar and were thus disposed of by the common judgment referred to above. Since these appeals arise out of a common judgment and order passed by the Madras High Court, they have been clubbed together, heard together and are being disposed of by this common judgment.2. The appellants belong to the Tamil Nadu Registration Services and are said to be working as Assistant Inspector General of Registration. Their services are governed by the Tamil Nadu State and Subordinate Services Rules, 1955 (hereinafter referred to as 'the General Rules') and by the Tamil Nadu Registra...