Court : Mumbai
..... is pressed on behalf of the applicant in support of the arguments as to non-compliance of section 42(2) vitiating the trial. this authority is 2009(1) drugs cases (narcotics) 344 [state of rajasthan vs. shanti]. 10. considering the arguments and considering the substantive evidence of these main prosecution witnesses pw-4, pw-5 and pw ..... bail application granting bail under similar circumstances as to search and seizure in a public place and whether there was non-compliance of section 42 of the ndps act. moreover, said bail was granted when almost half the punishment was already undergone by the applicant/accused. it is also brought to the notice of this ..... and seizure is conducted on a prior information received by the officer or the office of the concerned department, there cannot be application of section 43 of ndps act which contemplates the chance recovery. counter to the arguments advanced on behalf of the state, the learned counsel for the applicant placed reliance on the unreported .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2001CriLJ4088; 2001(3)MPLJ205
..... orderarun mishra, j.1. the appellant stands convicted under section 17 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'ndps act') and she has been sentenced to undergo 10 years' r.i. for allegedly possessing 50 grams of opium on 30-10-1987.2. prosecution alleges that on 30-10- ..... any doubt of the illicit articles under the act and this provision was engrafted having regard to the grave consequential that may entail the possession of illicit articles under the ndps act, namely the shifting of the onus to the accused and the severe punishment to which he becomes liable.where accused himself wanted to be searched before a gazetted officer ..... appearing for the appellant shri p. rusia submits that it is a case where there is total breach of mandatory provisions of section 50 and 52a(2) of the ndps act. her personal search could not be taken by male person. the recovery from the possession of the appellant is not proved. she is an aged woman of nearly 80 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2007(3)MPHT40
..... 4-3-1993 passed by the special judge, sagar in special case no. 2/92 whereby the accused/appellant has been convicted under section 8(c)/20(b)(i) of narcotic drugs & psychotropic substances act, 1985 (in short 'the act') and sentenced r.i. for one year and fine of rs. 2,000/- in default of payment of fine to undergo further r ..... from his bajaj priya scooter. thus total 65 grams ganja was seized. the accused was arrested. the fir was recorded wherein the crime no. 57/92 under section 8/20, ndps act was registered against the accused. the seized articles were sent for chemical analysis of fsl, sagar. the report from fsl, sagar confirmed the seized articles to be ganja. after completing .....
Tag this Judgment!Court : Delhi
Reported in : 159(2009)DLT559
..... received information on 5.5.2008 from an informer about a group of persons dealing in illicit smuggling of prescription drugs listed in the schedule of the narcotic drugs & psychotropic substances act, 1985 (ndps act). the names of the persons intimated were (i) shri rajesh sharma of shakarpur, delhi (ii) shri diwakar ..... concealment, use or consumption, import inter-state, export inter-state, import into india, export from india or transshipment, of narcotic drugs or psychotropic substances; (iv) dealing in any activities in narcotic drugs or psychotropic substances other than those provided in sub-clauses (i) to (iii); or(v) handling or letting any premises for the ..... on export.-(1) subject to the provisions of sub-rule (2), no person shall export any of the narcotic drug or psychotropic substance or preparation containing any of such narcotic drug or psychotropic substance specified in schedule ii to the countries or to the region of such country specified therein.(2) notwithstanding .....
Tag this Judgment!Court : Delhi
Reported in : 2006CriLJ674; 123(2005)DLT55; 2005(84)DRJ477
..... the central government by notification in the official gazette.'by a notification dated 19th october, 2001 the central government specified the 'small quantity' and 'commercial quantity' of each of the narcotics drugs/psychotropic substances listed therein. in the table appended to the said notification, at entry no. 169, buprenorphine has been specified and the small quantity has been mentioned as 1 gram whereas ..... poppy or any cannabis plant; or(c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import interstate, export interstate, import into india, export from india or transship any narcotic drug or psychotropic substance,except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this act or the rules or orders made there under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2378; 1999(2)ALD(Cri)279; 1999CriLJ3672; 1999(65)ECC695; 1999LC545(SC); [1999(81)FLR303]; (1999)3GLR2483; JT1999(4)SC595; (1999)ILLJ254SC; 1999(II)OLR(SC)474; 199
..... of a country. it has the effect of producing a sick society and harmful culture. anti-drug justice is a criminal dimension of social justice. the united nations conventions against illicit trafficking in narcotic drugs & psychotropic substances which was held in vienna, austria in 1988 was perhaps one of the first efforts, ..... at an international level, to tackle the menace of drug trafficking throughout the comity of nations. the government of india has ..... was divergence of opinion between different benches of this court with regard to the ambit and scope of section 50 of narcotic drugs and - psychotropic substances act, 1985 (hereinafter 'ndps act') and in particular with regard to the admissibility of the evidence collected by an investigating officer during search and seizure conducted .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2707
..... , rajkot, in n.d.p.s. case no. 104 of 2000 whereby the appellant is convicted of the offence punishable under section 21 of the narcotic drugs and psychotropic substances act, 1985 [the ndps act] and sentenced to suffer r.i. for a period of ten years and a fine of rs. 1 lac, in default, r.i. of ..... of conviction against the appellant came to be recorded under section 21 of the ndps act. it is true that charas which was found from the possession of the appellant is neither psychotropic substance nor manufactured drug and, therefore, provisions of sections 22 & 21 of the ndps act would not be attracted to the facts of the present case. however, there ..... entitled to be acquitted of the offence punishable under section 21 of the ndps act. the learned counsel further contended that substance found from possession of the appellant i.e. charas is neither psychotropic substance within the meaning of section 22 of the act nor manufactured drug within the meaning of section 21 of the act and, therefore, .....
Tag this Judgment!Court : Guwahati
..... components are same and identical. the question, therefore, is, according to the learned public prosecutor, whether propoxyphene is a narcotic drug or psychotropic substance? if propoxyphene is not a psychotropic substance, but it is a narcotic drug, then, the prosecution of the accused, under section 22(c), may not be maintainable inasmuch as section 22(c) ..... of the ban imposed by rule 53-a (schedule ii) subject, however, to sub rule (2) of rule 53a, which allows export of a narcotic drug or psychotropic substance under special license(sic). therefore, if amfepramone were to be exported to any country, other than pakistan, oman and turkey, it had to be ..... information, so lodged, cid police station case no. 31/2009 under sections 380/411 ipc read with section 22(c)/29 of the narcotic drugs and psychotropic substances act (in short, 'the ndps act') was registered. the samples were sent to forensic science laboratory (for short, 'the fsl'), which reported that the chemical examination of the .....
Tag this Judgment!Court : Guwahati
..... components are same and identical. the question, therefore, is, according to the learned public prosecutor, whether propoxyphene is a narcotic drug or psychotropic substance? if propoxyphene is not a psychotropic substance, but it is a narcotic drug, then, the prosecution of the accused, under section 22(c), may not be maintainable inasmuch as section 22(c) ..... of the ban imposed by rule 53-a (schedule ii) subject, however, to sub rule (2) of rule 53a, which allows export of a narcotic drug or psychotropic substance under special license(sic). therefore, if amfepramone were to be exported to any country, other than pakistan, oman and turkey, it had to be ..... information, so lodged, cid police station case no. 31/2009 under sections 380/411 ipc read with section 22(c)/29 of the narcotic drugs and psychotropic substances act (in short, 'the ndps act') was registered. the samples were sent to forensic science laboratory (for short, 'the fsl'), which reported that the chemical examination of the .....
Tag this Judgment!Court : Mumbai
..... produce, manufacture, possess, sell, purchase, transport, import inter-state, export inter- state, import into or export from india or tranship any narcotic drug or psychotropic substance except for medical or scientific purposes and when it is produced, manufactured, possessed, sold, purchased, transported, warehoused, used, consumed, imported ..... sell, purchase, transport, warehouse, use, consume, import inter-state, export inter-state, import into india, export from india or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this act or the rules ..... by the central government by notification in the official gazette and similarly, clause (xxiiia) provides that 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. the central government .....
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