Court : Delhi
Reported in : 2008(101)DRJ467
..... believable, would result in conviction of petitioner or not since liberty of a citizen has got to be balanced with the interest of society. in cases where narcotic drugs and psychotropic substances are involved, an accused would indulge in activities, which are lethal to society and, thus, it is in the interest of the society to keep ..... beyond india which - (a) would constitute an offence if committed within india; or(b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute it an offence ..... case under the maharashtra control of organized crime act, 1999. it is submitted that section 21 of that act is para materia to section 37 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the said act). it was held that the restrictions on the power of the court to grant bail is .....
Tag this Judgment!Court : Delhi
Reported in : 44(1991)DLT201; 1991(21)DRJ21
..... the minimum sentence of ten years rigorous imprisonment and a fine of rs. 1 lakh. la view of the minimum sentence of imprisonment and fine prescribed under the ndps act, no discretion is left to the trial court to impose a lesser sentence of imprisonment or fine in any case whatsoever, irrespective of the quantum of recovery. ..... bhajan singh v. state 1988 (1) cri 444 in support of his contention that the provisions of sections 41, 42, 43, 50, 53, 55 of the ndps act are mandatory in nature and contravention thereof vitiates the investigation and the trial. according to the learned counsel, the provisions of the act being mandatory have to be ..... case in defense he examined three witnesses the learned addl sessions judge believed the prosecution version and convicted appellant for the offence punishable under section 18 of the ndps act and sentenced the appellant to undergo rigorous imprisonment for ten years and to a fine of rs. 1 lakh, the minimum sentence prescribed for the said offence, .....
Tag this Judgment!Court : Delhi
Reported in : 1991CriLJ2899; 1991(21)DRJ17
..... substantive and not a mere formality. non-compliance and non observance of the provisions of law would be enough to vitiate the prosecution case. section 50 of the ndps act provides that when any officer duly authorised under section 42 is about to search any person under the provision of section 41 and 42 or 43 he shall take ..... of the same to his superior officer the learned counsel also submitted that from the record it is clear that there was also no compliance of section 50 of the ndps act. he was not given an opportunity of being searched before the gazetted officer or a magistrate according to the learned counsel, if the statement of these two witnesses, ..... the sample on examination exhibited positive test of charas. challan was put in the court and the appellant was charged with the offence punishable under section 20 of the ndps act.(3) in support of its version, the prosecution examined as many as eight witnesses indulging si ran siagh 10 the defense of the appellant is that it is a .....
Tag this Judgment!Court : Delhi
Reported in : 1994IIIAD(Delhi)641; 54(1994)DLT685
..... 22.1.1987 against michael gordon kingsbury and ms. helen anne cooper for the offences punishable under sections 20,23 and 28 of the narcotic drugs & psychotropic substances act (hereinafter referred to as 'the ndps act'). the case came up before theadditional sessions judge, new delhi on 8.5.1987 when the following charges were framed against them :- ..... 1977crilj1941 however, even such confessional statements, in my view, can not be considered sufficient for conviction in view of the fact that violation of section 50 of ndps act vitiates the trial as such. if the trial gets vitiated on account of non-compliance of section 50, can there be conviction on the basis of the ..... . a prayer has thereforee, been made that the appeals may be dismissed.(10) as already noted, michael gordon kingsbury was charged under section 20 of the ndps act for being found in possession of 900 gms. of hashish and for making attempt to export out of india, the said hashish in contravention of provisions of .....
Tag this Judgment!Court : Delhi
Reported in : 56(1994)DLT648
..... facts which are necessary to dispose of this appeal are recapitulated as under: (2) the accused appellant was charged with an offence punishable under section 21 of narcotic drug and psychotropic substances act. 1985 for having been found in possession of 150 grams of heroin. (3) on 23rd december. 1986 the sub inspector surinder singh of crime ..... trade are rarely brought to book and mostly only those accused are brought to book who are either the carrier of drugs or people who are charged with recovery of very small, quantity of the narcotic substance, (which is at times meant for accused's personal use). the accused involved in small quantity are also ..... the offence but in such cases, the possibility of implanting the drug substance for settling other scores or for other extraneous considerations cannot be totally ruled out. the courts nave to be extremely careful in dealing with the matters pertaining to the ndps act even from this perspective. the accused involved in this nefarious trade .....
Tag this Judgment!Court : Delhi
Reported in : 98(2002)DLT3; 2002(82)ECC791
..... shows that the option given to the accused was couched in such words as did not bring about the vested right clearly to the accused under section 50 of the ndps act, to be searched before a gazetted officer or metropolitan magistrate. on the other hand, learned counsel for the state submits that in the present case, the right to be ..... vide fir no. 77/ 95 and after completion of investigations, he was sent for trial for being found in possession of 1.035 kg, charas in contravention of 20, ndps act, 1985,'3. the prosecution in order to establish its case examined as many as 8 witnesses. learned counsel for the appellant has vehemently argued that there has been a violation ..... out of the secret informer accused raj bahadur @ raju was apprehended and he was informed about the secret information. he was also served with the notices under section 50, ndps act giving him an option to get his search conducted in presence of some g.o. or m.m. on this accused raj bahadur ex pressed his desire to be .....
Tag this Judgment!Court : Delhi
Reported in : 2000CriLJ4090; 2000(56)DRJ619
..... of the mandatory provisions of the law. in the instant case the prosecution has failed to establish full compliance of the provisions of section 50 of the ndps act.25. it is the normal procedure that when the incriminating articles are seized and are required to be sent to the central forensic science laboratory those articles ..... error in overlooking these omissions as minor omissions.23. i have heard learned amices curiae and the learned counsel appearing for the state. section 50 of the ndps act envisages valuable safeguard for the rights of the ' accused of being searched before a gazetted officer or a magistrate. this is indeed an extremely important right of ..... prosecution story, the benefit of which ought to have been given to the appellant.21. ms. tamali wad submitted that the provisions of section 57 of the ndps act which are also mandatory in nature have not been complied with. she submitted that strict compliance of the provisions of section 57 is necessary. non-compliance of .....
Tag this Judgment!Court : Delhi
Reported in : 2003CriLJ3362; 2003(66)DRJ685
..... with legal notice to appear on 30.4.2001 at 1900 hours in the office of the ncb, there her statement under section 67 of the narcotic drugs and psychotropics substance act. (hereinafter referred to as the ndps act) was recorded. she admitted the recovery and also the fact that heroin was supplied to her by one dharam pal and his wife premvati. her residential ..... all the facts available on record, the detaining authority ordered detained of the petitioner under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (hereinafter referred to as the pit ndps act). vide the order of detention dated 24.8.2001 the detaining authority came to the conclusion that in order to prevent him from engaging in .....
Tag this Judgment!Court : Delhi
Reported in : 127(2006)DLT55; 2006(86)DRJ331
..... of sentence and grant of bail. the appellant-accused manoj kumar @ goldy has been convicted for offence punishable under section 29 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as ndps act) and has been awarded 10 years ri and fine of rs. 1 lakh in default of payment of fine ri for 6 months.2 ..... 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 ..... after sunset and before sunrise, thereforee, the case should fail on this very ground. on this point, my attention has been drawn to section 42 of the ndps act, which is sub-titled as under:section 42 - power of entry, search, seizure and arrest without warrant or authorization. this section relates to seizure or freezing .....
Tag this Judgment!Court : Delhi
Reported in : 1990CriLJ1; 38(1989)DLT325; 1989(17)DRJ90; 1989(24)LC770(Delhi)
..... 3. while the petitioner was in judicial custody, prevention of illicit traffic in narcotic drugs and psychotropic substances ordinance was promulgated on 4th july, 1988, and in view of the past activities of ..... the officers of the narcotics control bureau on 6th april, 1987. the petitioner gave his statement where he disclosed his involvement in the acquisition of heroin, seized from the possession of ali bocus rehmat ali. he was, then placed under arrest for offences under the provisions of the narcotics drugs & psychotropic substances act, 1988. ..... detention, pursuant to an order passed on 6th july, 1988 invoking the provisions of s. 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances ordinance (hereinafter referred to as the 'ordinance'). 2. the facts in brief in so far as they are relevant to this case are .....
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