Court : Delhi
Reported in : 2009(93)DRJ813
..... , because how he came to be in possession, is within his special knowledge. under section 35 of ndps act, there is a presumption of culpable mental state. under section 54 of ndps act, it is presumed that the accused has committed an offence in respect of narcotics drugs or psychotropic substances found in his possession which he has not satisfactorily explained. these facts are further supported in ..... to their seniors on such things. 34. it is an open secret that india is caught in the tightening coils of narcotics. it is difficult to fathom as to why india continues to be happier hunting grounds for foreign drug peddlers. drug pushers are the lowest scum on earth and deserve no leniency. the appellants appear to be obdurate offenders having rapacious disposition .....
Tag this Judgment!Court : Delhi
Reported in : 149(2008)DLT326
..... take the person to be searched to the nearest gazetted officer or magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or magistrate, proceed to ..... dated 27.02.1997 delivered by the learned additional sessions judge, delhi (designated court under narcotic drugs and psychotropic substances act, 1985) in sessions case no. 128/95 whereby the appellant has been convicted under section 21 of the ndps act, and sentenced to undergo rigorous imprisonment for 12 years and also to pay a fine of ..... . 6. i shall now consider the submission of the learned counsel for the appellant regarding non-compliance of the provisions of section 50 of ndps act. section 50 of ndps act reads as under:1) when any officer duly authorized under section 42 is about to search any person under the provisions of section 41, .....
Tag this Judgment!Court : Delhi
Reported in : 2000(56)DRJ553
..... from the possession of amar pal singh the aforesaid packet containing 940 gms. heroin which was seized along with the car. statements under section 67 of the narcotic drugs & psychotropic substances act, 1985 (for short 'the act') of amar pal singh and tarvinder singh were recorded. amar pal singh made disclosure statement about his source of ..... 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, the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay, or if the court is of opinion that its sale ..... the future 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 .....
Tag this Judgment!Court : Delhi
Reported in : 1989CriLJ2235; ILR1989Delhi248
..... k.l. verma, joint secretary to the government of india, a specially empowered officer under section 3(1) of the prevention of illicit traffic, in narcotic drugs and psychotropic substances ordinance, 1988 (hereinafter referred to as the ordinance) on 6th july, 1988. the said order was passed with a view to preventing the ..... being tested with a test kit, the white powder was found to be methaqualone psychotropic substance. it was seized under a panchnama.(4) the petitioner's statement under section 67 of the narcotic drugs and psychotropic substances act. 1985 (hereinafter called the ndps act) was recorded on 6th august, 1987 itself. in the said statement, the petitioner ..... you, i am satisfied that you should be detained under the prevention of illicit traffic in narcotic drugs and psychotropic substances ordinance, 1988 with a view to preventing you from engaging in possession, sale and purchase of psychotropic substances.'(7) the contention of mr. grover is that in a case like the present, .....
Tag this Judgment!Court : Delhi
Reported in : 1991CriLJ143; 41(1990)DLT161
p.k. babri, j.(1) the appellant has been convicted of offences punishable under sections 20 & 28 read with section 33 of the narcotics drugs and psychotropic substances act, 1985, (for short 'ndps act') vide judgment dated december 24, 1988 and has beer sentenced to undergo rigorous imprisonment for ten years and to pay a fine of rs. 1,00 ..... . (3) the learned counsel for the appellant has vehemently argued that in the present case, all the mandatory provisions contained from sections 41 to 55 of the ndps act have been deliberately violated by the investigating officer and thus, the appellant deserves to be acquitted. he has contended hat it was incumbent on the part of the ..... the prosecution story doubtful. (4) in the case of richhpal v. state (delhi admn.) 1988(2) dl 419(2), while examining the various provisions of the ndps act, particularly sections 41 to 55, this court after referring to various judgments of the supreme court has laid down that the court must consider the facts of each .....
Tag this Judgment!Court : Delhi
Reported in : 1992(2)Crimes1178; 48(1992)DLT458; 1992(23)DRJ524; 1993(41)ECC117
usha mehra, j.(1) imam and megh raj have been charged under section 20 and 29 of the narcotic drugs and psychotropic substance act (hereinafter called the ndps act), 1985. they were arrested 'in 31.8.91. allegation of the prosecution is that these two persons were sitting on the railway platform of old delhi railway ..... the code of criminal procedure, 1973, no person, accused of an of fence prescribed therein shall be released on bail unless the condition contained therein were satisfied. the ndps act is a special enactment and will override the general provision contained in cr. p.c. this act was enacted with a size to make stringent provision. we before, ..... case may be. thereforee, on account of legislative mandate given in section 167 proviso (a), the question of considering the conditions or limitations mentioned in section 37 of the ndps act, to my mind, does not arise. the provision of section 167 of the cr. p.c. will govern all proceedings. there is, infact, no justification for taking .....
Tag this Judgment!Court : Delhi
Reported in : 63(1996)DLT423; 1996(38)DRJ295
..... case that in the case of the appellant, police had prior information of her being in possession of narcotic drug/psychotropic substance and it is, thereforee, admitted case of the parties that provisions of section 50 of the ndps act should have been complied with before the search of the person was made. in terms of section 50 ..... in the malkhana nor there was any evidence as to where it has gone, and ii) that the provisions of section 50 of narcotic drugs and psychotropic substances act (in short referred to as 'ndps act') were not complied with at the time of search of the appellant. (3) in support of his first contention learned counsel for ..... against ram baran and the present appellant pushpa devi. while ram baran has-been acquitted of the charge under section 20/61/85 of narcotic drugs and psychotropic substances act (hereinafter referred to as 'ndps act), by the court of ms.rekha sharma, additional sessions judge, delhi by her order dated february 27, 1993, the present appellant has .....
Tag this Judgment!Court : Delhi
Reported in : 2003(66)DRJ15; 2003(86)ECC203
..... dharampal verma has assailed the order of his detention dated 24th august, 2001 passed under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (hereinafter called pit ndps act). the said order was served on the petitioner on 31st august, 2001 while he was confined in central jail, tihar, new delhi.2. ..... warrant dated 1st may, 2001, nothing recovered from his residence.4. statement of the petitioner under section 67 of the pit ndps act was recorded on 1st may, 2001 wherein he admitted his involvement in narcotic drugs business since 1973. in 1994 he met gopal who was doing business of selling smack. he came in contract with suresh ..... the fact that he has been indulging earlier also, shows that his detention was necessary in order to prevent him from indulging in trafficking in narcotics drugs. the mere fact that the petitioner was in custody by itself does not invalidate the order of his preventive detention. moreover, the satisfaction of .....
Tag this Judgment!Court : Delhi
Reported in : 2006CriLJ1759; 126(2006)DLT89
..... and grant of bail. the appellant-accused persons namely vinod kumar and jaspal singh have been convicted for offence punishable under section 29 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as ndps act) and have been awarded 20 years ri and fine of rs. 2 lacs each in default of payment of fine ri for 1 (one ..... sentence and copies of the documents placed on the file.3. briefly the facts are that the intelligence officer of directorate of revenue intelligence received information about transportation of narcotic drugs in two trucks bearing registration nos. hr-29a-0705 and dl-ig-a-9499. both the trucks were seized and taken to the office of directorate of revenue ..... ) year under section 21(c) of the ndps act and 20 years of ri and fine of rs. 2 lacs each and in default of payment .....
Tag this Judgment!Court : Delhi
Reported in : 1999IIAD(Delhi)118; 78(1999)DLT199; 1999(49)DRJ149
..... impugned detention order can not be sustained. thereforee, the continuous detention of the petitioner under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988, is hereby quashed. but this does not mean that the petitioner is required to be set free as proceedings are pending against ..... order of detention despite the petitioner being in judicial custody. the relevant portion of the detention order reads as follows :'even though prosecution proceedings under narcotic drugs and psychotropic substances act, 1985 have been initiated against shri gurminder singh @ lalli, i am satisfied that there is com pelling necessity in view of the ..... the order dated march 27, 1997 passed by the joint secretary, government of india, under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (for short 'the act').2. the facts of the case are that on december 23, 1996 the officials of the directorate of .....
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