Court : Delhi
Reported in : 138(2007)DLT0; 2007(96)DRJ509; [2007]292ITR0(Delhi)
..... structure carried out by the amending act 9 of 2001, in section 27. a notification was issued on 9.10.2001, specifying in respect of 239 narcotic drugs and psychotropic substances, as to what would be 'small quantity' and 'commercial quantity'. the application of strict bail provisions was also restricted only to those offenders who ..... into force on 2.10.2001, the sentencing structure has undergone a drastic change. the act introduced the concept of 'commercial quantity' in relation to narcotic drugs or psychotropic substances by adding clause (vii-a) in section 2, which defines this term as any quantity greater than the quantity specified by the central government by ..... the petitioner was apprehended and on interrogation, he disclosed his name as sonu @ kane. according to the prosecution, a notice under section 50 of the ndps act was served on him and on his refusal to be searched before a magistrate/gazetted officer, the investigating officer offered his search before taking the search of .....
Tag this Judgment!Court : Delhi
Reported in : 2003(2)Crimes426; 2003(68)DRJ79; 2003(1)JCC536
o.p. dwivedi, j. 1. petitioner seeks bail in a case under sections 21, 23, 28 and 29 of the narcotics drugs and psychotropte substances act, 1985 (hereinafter referred to as the ndps act) 4.740 kgms of heroine was seized from the co-accused satpal juneja on 9th october, 2001 at the igi airport. the same was concealed in the ..... ladies sandals which were found in part of his luggage. he was to travel from new delhi to jewis. in the statement recorded under section 67 of the ndps act co-accused satpal juneja named the petitioner namely vikas kumar is the person who supplied the said contraband to him. the statement of the petitioner under section 67 of ..... the ndps act was recorded on 8th & 9th march, 2002 wherein he admitted his involvement in the said deal. such confessional statements made before the officers of ncb or dpi are .....
Tag this Judgment!Court : Delhi
Reported in : 112(2004)DLT77
..... is no doubt the carrier from whom recoveries have been made but granting pardon to her would enable the prosecution to catch the big fish, who are trafficking in narcotics which, thereforee, would serve public policy.12. examining the totality of the case, i find that there is sufficient material on record for the court to have ..... airport and her checked in baggage had revealed the two cardboard boxes containing the alleged contraband which in terms of her statement recorded under section 67 of the ndps act had been delivered to her by accused vijay kumar along with one person named puran at the instance of accused ravi sharma at the house of her sister ..... but only a carrier. the accused ramesh kumar, vijay kumar and ravi sharma, as per their statements under section 67 of ndps act, were and are still engaged in the drug trafficking trade. counsel further relies upon a judgment of the supreme court in laxmipat choraria and ors.v. state of maharashtra, 0065/1967 : 1968crilj1124 .8. as .....
Tag this Judgment!Court : Delhi
Reported in : 120(2005)DLT417; 2005(82)DRJ435
..... of 7.5 kg., 7.5 kg and 7 kg of ganja totalling 22 kg which is above the commercial quantity of 20 kg prescribed under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the ndps act). as such, on the basis of the allegations made in the fir, the case would fall under section 37 of the ..... ndps act.2. the learned counsel for the petitioner pointed out that the factum of recovery of the alleged quantity of ganja is itself in doubt. he firstly ..... mr dudeja, the learned counsel for the state vehemently opposed the grant of bail on the ground that the alleged recovery is of a commercial quantity specified under the ndps act. he submitted that the rigours of section 37 would apply and, thereforee, the petitioner was not entitled to bail at this stage. as regards the discrepancy in the .....
Tag this Judgment!Court : Delhi
Reported in : 121(2005)DLT63; 2005(82)DRJ597
..... found in possession of 19.9 kg of ganja and, accordingly, he is said to have committed an offence under section 20 of the narcotics drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the ndps act'). the petitioner along with two co-accused were said to have been found in possession of a total amount of 48.2 kg of ganja ..... petitioner. however, at the time of framing of charges, the charge has only been framed, in so far as the present petitioner is concerned, under section 20 of ndps act. no charge has been framed under section 29 insofar as the petitioner is concerned.2. the learned counsel for the state opposes the grant of bail saying that a ..... alleged recovery against the petitioner being of 19.9 kg of ganja, the same would not quantify to be a recovery of a commercial quantity as indicated under the ndps act. accordingly, he submitted that section 37 of the said act would not be applicable and, thereforee, the petitioner's case for grant of bail is to be considered .....
Tag this Judgment!Court : Delhi
Reported in : 1993(3)Crimes418; 50(1993)DLT439
..... the judgment order on sentence of the learned additional sessions judge, new delhi by which he convicted the appellant under sections 20(ii) and 21 narcotic drugs and psychotropic substances act, 1985 (tor short ndps act) for being found in possession of 480 grams of charas and 6 grams of heroin and sentenced her to undergo rigorous imprisonment for ten years on ..... officer.she was not informed that in the alternative she could also be taken to a magistrate for search. this is a clear violation of section 50 of the ndps act which requires that an accused person should be given the option of being searched by a gazetted officer or a magistrate.(6) however, there is no merit in ..... of the appellant was allegedly searched by lady hc keshwani. i do not find any violation of procedure in this respect as enjoined by section 50(4) of the ndps act.(7) to maintain the sanctity of the sample taking process, it is desirable if seal after use is handed over by police official to an independent witness or .....
Tag this Judgment!Court : Delhi
Reported in : 1997IIIAD(Delhi)50; 1997(2)ALT(Cri)15; 1997CriLJ2741; 1997(3)Crimes89; 67(1997)DLT293
j.k. mehra, j. (1) this is an appeal against the order of conviction under narcotic drugs and psychotropic substances act against the appellant for being found in possession of 1800 gms. of charas which was kept in his baggage while leaving india. along with the appellant a lady ..... year. (2) i have, heard the parties, (counsel for the appellant has raised only three technical pleas - (i) that by not complying with the mandatory requirements of section 42 of ndps act the prosecution failed to prove that the information was reduced into writing; (ii) that section 50 of the said act has also not been complied with; and (iii) that there ..... . mr. sethi submits that it happened on account of the belief that the search was taking place believing that area to be a public place under section 43 of the ndps act. this plea of the department cannot be sustained. (5) the next ground is that of non-observance of yet another mandatory provision, i.e. section 57 of the act. it .....
Tag this Judgment!Court : Delhi
Reported in : 2004(73)DRJ460
..... present case the appellant has already undergone about five years of incarnation for possession of 5 gram of smack. thereforee, taking the beneficial provisions of the amended ndps act, the sentence is reduced to the period already undergone. he be set at liberty if not wanted in any other case. appellant be informed through jail superintendent ..... apprehended and searched on the basis of secret information he was found in possession of 5 gram of smack. appropriate charges under section 21 of the ndps act were framed against the accused to which he pleaded not guilty. after considering the evidence led by the prosecution and other material on record, learned additional ..... for leniency in the matter of sentence in view of amended provisions of section 21 of ndps act. this amendment which came into force on 2nd october, 2001, reads as under:-21. punishment for contravention in relation to manufactured drugs and preparations. whoever, in contravention of any provision of this act or any rule or .....
Tag this Judgment!Court : Delhi
Reported in : 130(2006)DLT635
..... actual weight of diacetylmorphine in the recovered substance comes to 40.5 grams. the appellant has been convicted under section 21(c) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as ndps act). he has been sentenced to undergo ten years rigorous imprisonment and rs 1 lakh as fine and, in default, simple imprisonment for one ..... . accordingly, he submits that the appellant's conviction can be upheld only under section 21(b) of the ndps act. he submits that he is not challenging the conviction of the appellant under section 21(b) of the ndps act. however, he is seeking a modification of the sentence. he submits that the appellant has no criminal antecedents ..... including any involvement under the ndps act. the amount recovered is 40.5 grams which is far below the commercial quantity specified. thereforee, the sentence of ten years would be too harsh .....
Tag this Judgment!Court : Delhi
Reported in : 2002IVAD(Delhi)177b; 2002CriLJ2605b; 96(2002)DLT803; 2002(62)DRJ210; 2002(82)ECC522
..... right thereto and the evidence, if any, which he produces in respect of his claim; provided further that if any such article or thing other than a narcotic drug, psychotropic substance or controlled substance the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay or if the court if of opinion that its ..... animal or conveyance used in carrying any narcotic drug or psychotropic substances or controlled substance, or any article liable to confiscation under sub-section (1) or sub-section (2) shall be liable to confiscations, unless the owner of ..... for petitioner and sh. m.n. dudeja for state. 3. for deciding the controversy in hand the provisions contained in sub-section (3) of section 60, 63 of narcotic drugs and psychotropic substances act, 1985 (for short the 'act') as also section 451 cr.p.c> are material. sub-section (3) of section 60 provides as under:- 'any .....
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