Court : Allahabad
Reported in : 1992CriLJ3866
..... representation to the advisory board, which directed the petitioner to address the same to the chairman, central advisory board (the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988) delhi high court, it was urged, reference of 'chairman' and 'delhi high court' shows unawareness of the detaining authority by ..... non-application of the mind of the detaining authority when it records in paragraph 21 of grounds of detention 'even though prosecution proceedings under the narcotic drugs and psychotropic substances act, 1985 are likely to be initiated against you', when, in fact, not only complaint against the petitioner was filed by the ..... long period or his likelihood of being released does not arise under 1985 act. thus, even if the detaining authority recorded '... prosecution proceedings under narcotics drugs and psychotropic substances act, 1985, are likely to be initiated against you' it cannot be held to show non-application of mind or unaware-ness which .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ1671
..... -1990 yet the detaining authority under the above para no. 21 of the grounds of detention dated 4-12-1990 was mentioning 'that prosecution proceedings under narcotics drugs and psychotropic substances act, 1985 are likely to be initiated against you.' it was further submitted that though a warrant of arrest had also been issued by the ..... air scw 3664).7. in virendra kumar rai's case, a complaint was filed against the petitioner on 7-11-1990 under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as ndps act, 1985) on the basis of some searches made at the petitioner's residence and disclosure in the statements of the father and brother ..... under arms act and motor vehicles act. the petitioner moved an application for bail in ndps act case on 3-12-1990. the detention order was passed against him on 4-12-1990 under prevention of illicit traffic in narcotic drugs and psychotropic substances act. on the above facts, it was argued before the full bench as well .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(2)AWC948; 1998CriLJ2352
..... adhikari, s. t. no. 16 of 1989, whereby he convicted the accused appellant of the offence under section 20 of the narcotic drugs and psychotropic substances act read with section 8 of the narcotic drugs and psychotropic substances act and sentenced him to undergo r.i. for a period of 10 years and to pay a fine of rs. one ..... cr. p.c. and when such search is completed at that stage section 50 of the narcotic drugs and psychotropic substances act would not be attracted and the question of complying with the requirements thereunder would not arise. if during such search or arrest there is a ..... . solbir singh, air 1994 sc 1872, the apex court said :'if a police officer without any prior information as contemplated under the provisions of the narcotic drugs and psychotropic substances act makes a search or arrests a person in the normal course of investigation into an offence or suspected offence as provided under the provisions of .....
Tag this Judgment!Court : Allahabad
Reported in : 2004CriLJ2676
..... state government on the basis of proposal of the sponsoring officer dated 31-3-2003 to prevent the petitioner/detenu from indulging into illegal trade of narcotic drugs and psychotropic substances activities. the detention order is based on the prejudicial activity and the contents of the bail application besides other evidences furnished by the sponsoring officer ..... department, govt. of u. p., on behalf of govt. of u. p., detaining him under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988.the detention order, along with the grounds of detention, which are also dated 30-5-2003, was served on the petitioner-detenu on 7- ..... because it proceeded on the erroneous premise that the bail application of the petitioner-detenu dated 27-3-2003, which was filed before the special judge, ndps act, barabanki, was still pending and there was likelihood of his being released on bail. it has been averred therein that in fact the bail application of .....
Tag this Judgment!Court : Allahabad
Reported in : 1995CriLJ3893
..... bijnor, in special s.t. no. 2 of 1993. by the impugned order, the learned trial court found the appellants guilty under section 15 of the narcotic drugs and psychotropic substances act, 1985, hence forth to be described as the act. the appellant was sentenced to undergo r.i. for 10 years and to pay a fine ..... this act to search and seizures made under this act. section 52a requires that when any narcotic drug or psychotropic substance has been seized and forwarded to the officer-in-charge of a police station, he shall prepare an inventory of such narcotic drug or psychotropic substance indicating its description, quality, quantity, mode of packing, marks, and other identifying ..... no evidence has come to show if any inventory was sent to the magistrate immediately after the search and seizure.9. it is true that trafficking in narcotic drugs has grown up in menacing proportions but that does not mean that a court of law would allow deviation from the procedure laid down and would convict .....
Tag this Judgment!Court : Allahabad
Reported in : [2005(1)JCR459(All)]
..... trial no. 413 of 1988, state v. gajodhar, whereby the accused-appellant gajodhar has been found guilty for the offence punishable under section 19 of the narcotic drugs and psychotropic substances act, 1985 which shall in brevity hereinafter referred to as the act and has been sentenced to undergo rigorous imprisonment for ten years and to pay ..... ) the lambardar shall make arrangement to weigh such opium and make necessary entries in the records to be maintained by him as may be specified by the narcotics commissioner in this behalf.(3) the cultivator and the lambardar shall attest the entries made in such records under their signature/ thumb-impression with date, showing ..... cultivated with opium poppy, shall be delivered by the cultivator's to the district opium officer or any other officer duly authorized in this behalf, by the narcotics commissioner at a place as may be specified by such officer.15. opium to be weighed, examined and classified.-all opium delivered by the cultivators to .....
Tag this Judgment!Court : Allahabad
Reported in : 2004CriLJ2401
..... and confidential department, uttar pradesh administration on behalf of government of uttar pradesh, detaining him under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988.the detention order along with grounds of detention, which are also dated 26 june, 2003 was served on the petitioner-detenu on 30 june ..... the petitioner. on the basis of the said recovery the police party arrested the petitioner and jhabbar for an offence punishable under section 8/21 of the ndps act. it sent the sample of the morphine recovered from the petitioner and jhabbar to the chemical analyst at lucknow, who reported that the sample contained morphine ..... the sponsoring officer (d. m. barabanki) gave a proposal on 15-2-2003 to the state government to detain petitioner/detenu (raj bahadur verma) under pit ndps act 1988. state government received the said proposal on 19-2-2003. the state government after examining the same sent a letter on 3-3-2003 to the sponsoring .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(2)ALT(Cri)17; 2004CriLJ3555
..... by sri a. u. khan, the then additional sessions judge, ghazipur in s. t. no. 11 of 1996 whereby he convicted the accused under section 21 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the act) and sentenced to undergo rigorous imprisonment for a term of ten years and to pay a fine o f rs. ..... according to him the appellant was carrying some narcotic drug. he, therefore, informed the shift incharge asi. husain khan who questioned the appellant in this regard. the appellant replied in negative and pleaded his ignorance. thus, it ..... 3 parvez khan testified in his cross-examination in clear words that sentry on duty used to check employees of the factory with a view to ensure that no narcotic drug is taken out by any member of staff out of the factory in the instant case, he suspected that something was tied up with leg of the appellant and .....
Tag this Judgment!Court : Allahabad
Reported in : 1996CriLJ442
..... was indicated in the supplementary counter-affidavit that the applicant manish kumar verma was detained under the provisions of prevention of the illegal traffic in narcotic drugs and psychotropic substances act, 1995 (hereinafter referred to as the pit ndps act). on 11-6-94 the applicant was under preventive detention in central jail, agra, by the order of the central government. he was also facing ..... , j.1. this is an application for bail. the applicant is in custody in criminal case no. 257 of 1994 under the provisions of the narcotic drugs and psychotropic substances act, 1995 (hereinafter referred to as the ndps act). the bail application has been pressed on the ground that his remand to jail custody by the trial court was not in accordance with law and .....
Tag this Judgment!Court : Allahabad
Reported in : 1994CriLJ3
..... a special enactment and as already noted it was enacted with a view to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances. that being the underlying object and particularly when the provisions of section 37 are in negative terms, limiting the scope of applicability of the provisions of ..... orders.k. verma, j.1. all these bail applications relate to offences under the narcotic drugs and psychotropic substances act, 1985 (ndps act for short) and are being disposed of by this common order because similar questions of law have been raised in these cases.2. the main submission ..... applications are, therefore, liable to be rejected.13. applicant virendra singh in case crime no. 130 of 1991 police station gahmar district ghazipur under sections 8/20 ndps act has peculiar facts. the circle officer of jamania circle after coming to know that the station officer of police station gahmar has kept an ambassador car for the last .....
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