Court : Delhi
Reported in : 2008(101)DRJ322
..... additional district and sessions judge (asj), delhi in s.c. 1139 of 1991 convicting the appellant in fir no. 78/90 under section 21 of the narcotics drugs and psychotropic substances act, 1985 ('ndps act'), sentencing him to ten years rigorous imprisonment and a fine of rs. 1,00,000 failing which to undergo for a simple imprisonment for a further period ..... judgment dated 14th september 1992 of the learned asj in s.c. 1139 of 1991 is hereby set aside. the appellant is acquitted of the offence under section 21 ndps act and the appeal is accordingly allowed. however, since the appellant has already been released after serving out the entire sentence, no further directions in that regard are issued.14 ..... of the sentence or early hearing of his appeal, which was admitted on 15 january 1993.the appellant was convicted on 14 september 1992 under section 21 of the ndps act and he was sentenced to undergo ri for a period of ten years and to pay a fine of rs. 1 lac failing which he was directed to .....
Tag this Judgment!Court : Delhi
Reported in : 1999IIIAD(Delhi)362; 1999(49)DRJ18
..... dated 14th february, 1992 passed by the learned addl. sessions judge (asj) whereby the appellant has been convicted for the offence under section 21 of narcotic drugs & psychotropic substances act (for short the 'ndps act') and sentenced to ri for 10 years and a fine of rs. one lakh and in default of payment of fine si for 3 months. 2 ..... . an fir was registered at p.s. hari nagar, cfsl report found positive test for heroin. the accused was challenged and charged for an offence under section 21 of the ndps act. 3. during trial, prosecution, inter alia, examined sunil gupta, deputy superintendent (pw-3), s.k. matta asstt. suptd. (pw-5), inspector dilbagh singh sho (pw- ..... testimony. there are material contradictions in the testimony of the witnesses especially in the statements of sho and io; that provisions of sections 55 and 57 of the ndps act have not been complied with; the two seals after sealing the parcels were not given to an independent witness but to a constable; the recovery memo has .....
Tag this Judgment!Court : Delhi
Reported in : 2008(102)DRJ480
..... that the said judgment has become final. 6. in these circumstances the writ petition is allowed and the impugned order of detention as well as declaration under section 10 of narcotic drugs and psychotropic substances act, 1988 is hereby quashed. rule is made absolute. no costs. ..... bureau considered it necessary, with a view to preventing the petitioner from engaging in the procurement, storage and abetting in the export from india of narcotic drugs, to detain the petitioner and to keep him in custody in the central prison, pune. the grounds for detention of the petitioner were appended to the impugned order and are ..... order of detention bearing f. no. 801/11/97 pit ndps dated 24.2.1997 (annexure a hereto), issued by shri r.k. tewari, the deputy director general (co-ordination), narcotics control bureau, new delhi the respondent no. 2 herein against the petitioner vimal kumar behl under section 3(1) of the pit .....
Tag this Judgment!Court : Delhi
Reported in : 1996IVAD(Delhi)315; 63(1996)DLT963; 1996(39)DRJ537
..... . mahajan, j. (1) by judgment dated 31st july, 1995 the appellant was convicted of the offence punishable under section 21/61/85 of narcotic drugs and psychotropic substances act (in short referred to as 'ndps act') on account of his being in possession of 500 gins. of smack and was sentenced to undergo rigorous imprisonment for a period of ten years and ..... investigation, the challan was filed in court. learned additional sessions judge after the completion of trial held the appellant guilty of the charges under sections 21/61/85 ndps act and sentenced him to undergo rigorous imprisonment for a period of ten years and also pay fine of rs.l,00,000.00 and in default to undergo ..... the appellant, thereforee, should go to him and he should be acquitted. it is also alleged that there was non-compliance of the provisions of section 50 of ndps act which are mandatory in nature and non-compliance of the said provisions is fatal to the case of the prosecution. (4) mr.subhash chand batra was the sho .....
Tag this Judgment!Court : Delhi
Reported in : 2002CriLJ1933; 2001(60)DRJ727; 2002(79)ECC430
..... bag carried by the person. it was held -- 'if a person is carrying a bag or some other article with him and a narcotic drug or a psychotropic substance is found from it, it cannot be said that it was found from his 'person'.(4) in gurbax singh v. state of ..... s.k. agarwal, j.1. the appellants were held guilty under sections 18 and 25 of the narcotic drugs and psychotropic substance act (for short 'the act'), in the case fir no. 137/89, p.s. karol bagh, ..... , at this stage, it is not possible to hold that appellant has proved that the car in question was used for carrying the narcotic drugs without his knowledge. detailed reference to the judgments relied upon by learned counsel for the appellant is not necessary, in view of the ..... )7. the supreme court in the subsequent decisions, applying the above principles held section 50 of the act as not applicable where the narcotics drug was recovered from the bag being held by the accused; from the bag hanging on the handle of the scooter; from the bag .....
Tag this Judgment!Court : Delhi
Reported in : 2001(73)ECC455
..... nothing incriminating was recovered from his possession. a sample was sent for testing to the laboratory at chandigarh which tested positive for smack. charge under section 21 of the ndps act was framed against puran singh for having possession of 400 grams of smack on 1.11.1995 while anup singh @ ajit singh was charged for the offence under ..... standing. the driver is anup singh while the pillion rider is puran singh. it is the further case of the prosecution that a notice under section 50 of the ndps act was served upon puran singh, who declined to be searched in the presence of a magistrate or a gazetted officer. since the accused declined search before a magistrate ..... , delhi in sessions case no. 3/96 dated 25.9.1999 whereby the learned special judge has held the appellant guilty under sections 21/65/85 of the ndps act, 1985 and order dated 29.9.1999 whereby the learned special judge sentenced the appellant to undergo rigorous imprisonment for ten years together with a fine of rupees one .....
Tag this Judgment!Court : Delhi
Reported in : 130(2006)DLT114; 2006(89)DRJ665
..... substance containing diacetylmorphine was made from the co-accused (naresh kumar) and that the state was prosecuting the present petitioner under section 21 read with section 29 of ndps act on account of the recovery from the co- accused. the learned counsel for the state, however, was unable to point out any other evidence other than the ..... that the petitioner cannot be, prima facie, linked with the recovery of the contraband. that being the case, even if it is assumed that section 37 of ndps act applies, there are reasonable grounds for believing that the petitioner is not guilty of the offence.3. the learned counsel for the petitioner also referred to the decision ..... found together and substances were recovered from them separately. the court held that although they were found together, they cannot be implicated under section 29 of the ndps act as in that case there was no warrant to arrive at such a conclusion at all as there was no evidence to suggest that there was any criminal .....
Tag this Judgment!Court : Delhi
Reported in : 1989CriLJ1302; ILR1989Delhi364
..... served on her as well as co-detenus for appearance before the concerned authorities, pursuant to which different statements were recorded under section 57 of the narcotic drugs and psychotropic substance act. (16) it is also to be noticed that a distinction has to be maintained between the requirement of supply of documents par' ..... joint secretary to the government of india in exercise of the powers conferred upon him under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substance ordinance, 1988 (hereinafter referred to as the ordinance), and served on her the same day, seeks a writ of habeas corpus or any other ..... ) the detention order has been passed on the allegations that shir was closely, and actively associated in the activity of illicit trafficking, and transportation of narcotic drags (heroin), and that her detention was necessitated with a view to preventing her from engaging in the aforesaid activity. the petitioner made a detailed representation .....
Tag this Judgment!Court : Delhi
Reported in : 2003(1)ALT(Cri)7; 99(2002)DLT305; 2002(64)DRJ188; 2002(83)ECC294
..... of the act. sub-section (2) of section 27 mandates that where a person is shown to have been in possession of a small quantity of narcotic drug or psychotropic substance the burden of proving that it was intended for personal consumption of such person and not for sale or distribution shall lie on such person. in ..... order dated 5th february 2002 passed by a special judge, ndps, new delhi. 2.in the complaint filed under sections 22(c), 23 and 28 of the narcotic drugs and psychotropic substances act (for short 'the act') by the customs, the petitioner is alleged to have been found in possession of 3215 tidigesic inj. buprenorphine of 2 ..... notification no. s.o. 1055(e) dated 19th october 2001 was issued by the ministry of finance (department of revenue) specifying 'small' and 'commercial' quantities of narcotic and psychotropic substances. in terms of entry at sl. no.169 therein small quantity of buprenorphine has been specified as 1 gram while commercial quantity thereof as 20 grams. clause ( .....
Tag this Judgment!Court : Delhi
Reported in : 94(2001)DLT566
..... bag carried by the person. it was held -- 'if a person is carrying a bag or some other article with him and a narcotic drug or a psychotropic substance is found from it, it cannot be said that it was found from his 'person'.' (4) in gurbax singh v. state ..... s.k. agarwal, j.1. the appellants were held guilty under sections 18 and 25 of the narcotic drugs and psychotropic substances act (for short 'the act'), in the case fir no. 137/89, p.s. karol bagh, ..... , at this stage, it is not possible to hold that appellant has proved that the car in question was used for carrying the narcotic drugs without his knowledge. detailed reference to the judgments relied upon be learned counsel for the appellant is not necessary, in view of the ..... .'7. the supreme court in the subsequent decisions, applying the above principles held section 50 of the act as not applicable where the narcotic drug was recovered from the bag being held by the accused; from the bag hanging on the handle of the scooter; from the bag .....
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