Court : Delhi
Reported in : 101(2002)DLT104; 2003(85)ECC312
..... of section 50 of the act is annexure b to the petitioner. relevant portion of the notice is extracted below:'whereas i have a reasonable belief that certain narcotics, psychotropic substances are in your possession or those are concealed by you in your baggage/residential premises, hence your personal search as well as that of your residential premises ..... of section 50 of the act is mandatory. on prior information if a person is to be searched, on being suspected to be in possession of some narcotic or psychotropic substance, he is required to be told before the search is conducted that he had a right to have his search to be conducted in the presence of ..... for the petitioner has argued that the petitioner is in judicial custody for the past two years and that there is violation of the provisions of section 50 of ndps act and the written notice (annexure b to the petition) which is purported to have been served on the petitioner does not specifically state that the petitioner had a .....
Tag this Judgment!Court : Delhi
Reported in : 2000VIIAD(Delhi)1163; 2001CriLJ297; 88(2000)DLT131; 2000(57)DRJ372; 2001(1)JCC267
..... .1. this criminal appeal is directed against the judgment dated 24.8.1995 of the additional sessions judge, special court, ndps act, delhi, whereby the learned additional sessions judge found the appellant guilty of offence punishable under sections 15/61/85 of the narcotic drugs & psychotropic substances act (for short 'the act') and convicted him accordingly and, thereafter, by his order 25.8.1995 sentenced .....
Tag this Judgment!Court : Delhi
Reported in : 1999VIAD(Delhi)460; 1999CriLJ4696; 82(1999)DLT191
orderk.s. gupta, j.1. this appeal by pehlad @ bhagat accused/appellant is directed against the judgment dated 30th august, 1995 convicting him under section 20 of narcotic drugs & psychotropic substances act, 1985 (for short the 'act') and the order of even date sentencing him to undergo r. i. for 10 years and pay fine of rs. 1,00.000/-, ..... s/o o.p. ghai, r/o m-1 pratap nagar is shown to have been joined as a public witness in case fir no. 19/91 under section 20 ndps act, p.s. pratap nagar against harvinder singh @ bittoo-accused. 5. since the submission advanced on behalf of the appellant/accused which i will be referring hereinafter mainly centers around the .....
Tag this Judgment!Court : Delhi
Reported in : 4(2003)CCR123; 106(2003)DLT481; 2003(69)DRJ668; 2003(90)ECC727; 2003(2)JCC1246
..... road, near hari hospital, hari enclave, sultanpuri, delhi within the jurisdiction of police station sultanpuri, delhi. he was charged accordingly for an offence punishable under section 21 of the narcotic drugs and psychotropic substances act. 4. upon an application dated 8.5.2002 being made on behalf of petitioner seeking to be declared as a juvenile and dealt with accordingly, an enquiry into .....
Tag this Judgment!Court : Delhi
Reported in : 1997IVAD(Delhi)125; 1998(1)Crimes54; 68(1997)DLT155; 1997(42)DRJ261
..... serious violations of the mandatory requirements. firstly that the cfsl form was not sent when the samples were sent for analysis. secondly, no report, as contemplated under section 57 of ndps act, was ever submitted to the superior of the i.o. after the search had been completed. the fact of these lapses is confirmed from the original record and it is ..... the provisions of section 57 ndps are mandatory and non-compliance thereof would vitiate the trial. there is no evidence on record to prove that the requirements of section 57 ndps act were met. for this reason also, the trial of the appellant stands vitiated on account of failure of evidence in this connection. i give benefit of doubt to the appellant .....
Tag this Judgment!Court : Delhi
Reported in : 1993CriLJ1622; 1993(2)Crimes229; 49(1993)DLT659
..... , delhi, whereby he found the accused gurcharan singh alias channi (hereinafter referred to as the appellant no. 1 for the sake of convenience). guilty under section 21 of the narcotic drugs and psychotropic substances act, 1985 (for short the act), and under section 353/34 of the indian penal code. he sentenced him to undergo rigorous imprisonment for ten years and to pay .....
Tag this Judgment!Court : Delhi
Reported in : 43(1991)DLT698; 1991(21)DRJ7; 1991(33)ECC40
v.b. bansal, j. (1) the short question for consideration in this order is as to whether the provisions contained in section 37 of the narcotic drugs and psychotropic substances act (as amended) (hereinafter referred to as the act) would be applicable to applications for bail in cases prior to the coming into force of this amended section.(2) ..... bail and could impose any conditions which it considered necessary. it was, however, observed in the statements and reasons for amendment of the act that it provided deterrent punishment for drug traffic ing offences and that even though the major offences were non-bailable by 12 virtue of the level of punishment, on technical grounds ..... drug offenders were released on bail it was with a view to check the release of the offenders easily and to provide turn certain difficulties faced in the enforcement of the .....
Tag this Judgment!Court : Delhi
Reported in : 1988(15)DRJ253
..... under section 439 of the code of criminal procedure. the petitioners accused have been arrested for offences under sections 22 and 29 of the narcotic drugs & psychotropic substances act (hereinafter referred to as 'the act'). various legal questions have been raised in these bail petitions as to the powers of the officers of the ..... of the offences covered by this statute the bail should not be normally granted because release of such accused indulging in such nefarious activities like dealing in such drugs and other substances which have deleterious effect on the health of the society should not be allowed to remain enlarged once they are caught doing such offences. ..... or the state and similar other considerations. it cannot be, indeed, disputed that the offences under the act are very serious and grave as the trafficking in drugs mentioned in the act have devastating effect on the society overall. there cannot be any two opinions that if persons indulging in such offences under the act are .....
Tag this Judgment!Court : Delhi
Reported in : 120(2005)DLT154; 2005(82)DRJ264
..... r. malhotra, j.1. aggrieved with the order of framing of charge dated 5th february, 2004 under the provisions of sections 18 and 29 of the narcotic drugs and psychotropic substances act, 1985, one of the petitioner viz. chander mohan has assailed the same by way of filing this criminal revision petition on the ground that ..... advantage of this statement urged before this court that the statement of mittali clearly goes to show that both were carrying on their illegal activities of dealing narcotic drugs. on the other hand learned counsel for the petitioner urged that though the petitioner and nepal chand might working together but they would not mean that they ..... were involved in the illegal trafficking of drugs.5. looking to the material available on record and particularly looking to the facts that the police allegedly recovered opium from the house of nepal chand after .....
Tag this Judgment!Court : Delhi
Reported in : 1993(1)Crimes204; 49(1993)DLT193; 1993(25)DRJ248
usha mehra, j. (1) shri safiullah s/o shri hasmat ullah was prosecuted under section 20 of the narcotic drugs and psychotropic substances act (hereinafter called as the act). he was tried by the learned additional sessions judge, new delhi, and came to the conclusion that the offence has been-made out ..... articles were taken from the malkhana. once a doubt is created in the preservation of the sample the benefit of the same should go to the accused. the provisions of ndps act are so stringent that it casts a duty upon the prosecution to rule out any possibility of tempering of the sample. that is why every time the courts have come .....
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