Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 65 omitted Court: delhi Page 6 of about 243 results (0.222 seconds)

Emanuely Murd Aiseleph Vs. the State

Court : Delhi

Reported in : 1996CriLJ1793

..... directed against the order of conviction dated 18-9-1993, passed by mr. kuldip singh, asj, delhi. the appellant has been convicted under s. 21 of the narcotic drugs & psychotropic substances act. 1983 and sentenced to undergo rigorous imprisonment for a term of ten years plus a fine of rs. 1 lakh, in default whereof rigorous imprisonment for ..... of chance recovery, that is if a police officer, without prior information, makes a search and during such search, he stumbles on a chance recovery of a narcotic or psychotropic substance, then from that stage onwards, the investigation must be carried out in accordance with the provisions of the act including ss. 42 and 50. in the ..... the irresistible conclusion in the present case is that no option was given to the appellant, which amounts to non-compliance with the provisions of s. 50 of ndps act and such non-compliance would inevitably invite the setting aside of the order of conviction. it was also not a case of chance recovery, but a recovery .....

Badshah Vs. State

Court : Delhi

Reported in : 2000IIIAD(Delhi)668; 2000CriLJ2119; 84(2000)DLT652; 2000(53)DRJ487; 2000(69)ECC615

..... an extremely valuable right which the legislature has given to the person concerned having regard to the grave consequences that may entail the possession of illicit articles under the ndps act. it appears to have been incorporated in the act keeping in view the severity of the punishment. the rationale behind the provision is even otherwise manifest. the ..... to cfsl had given positive test for heroin. in view of the above facts the accused was challenged and tried for an offence punishable under section 21 of the ndps act. 4. learned additional sessions judge convicted the accused and sentenced him to 10 years rigorous imprisonment and imposed a fine of rs.1 lakh. mr. taneja, learned ..... dated 6.2.1992 whereby the appellant was convicted and sentenced to 10 years rigorous imprisonment and imposed fine of rs.1 lakh under section 21 of the ndps act. the brief facts which are necessary for disposal of this appeal are recapitulated as under. 3. as per the prosecution on 24.8.1989 ved parkash, asi .....

Sh. Ravi Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 128(2006)DLT304; 2006(88)DRJ200

..... , 1968 passed under section 3(1) of prevention of illicit traffic in narcotic drugs and psychotropic substance act, 1985 (in short pit ndps act). notice dated 11th march, 1993 issued under section 68(h)(1) of narcotic drugs and psychotropic substance act, 1985 (in short ndps act) is also assailed. a restraint on the respondents is also sought from ..... taking any steps pursuant to the detention order and the above notice under section 68(h)(1) of the ndps act. 2. sarika sharma in her petition ..... the petitioners. 7. respondents submit that petitioners themselves got the stay order vacated by the division bench in respect of proceedings under section 68 of ndps act before the competent authority. they fully participated in the proceedings and took their chance therein. in fact, it is urged that petitioners obtained substantial .....

Satish @ Bombaiya Vs. State

Court : Delhi

Reported in : 44(1991)DLT561

..... was found in possession of the contraband and thereforee the addl sessions judge was in error in holding the appellant guilty of offence punishable under section 20 of the ndps act and the sentence will have to be set aside and the appeal has to be allowed. the order of conviction and sentence is set aside. the appellant ..... . from whatever way we may look, the prosecution has not been able to substantiate the case against the present appellant warranting his conviction under section 20 of the ndps act. keeping in view the stringent punishment under the act, interest of justice makes it incumbent upon the court to ensure that before conviction is recorded no element of ..... positive test report of charas, challan was submitted in the court. the addl. sessions judge found the accused guilty for an offence punishable under section 20 of the ndps act and he convicted and sentenced the appellant to undergo rigorous imprisonment for ten years and to pay a fine of rs. 1 lakh and in case- of default .....

Amarjit Singh and anr. Vs. State (Delhi Administration)

Court : Delhi

Reported in : 1994IVAD(Delhi)1171; 1995CriLJ1623; 1995(1)Crimes777; 1995(32)DRJ110

..... k. bahri, j. (1) the appellants - amarjit singh and prem prakash have been convicted of offences punishable under section 20 of the narcotic drugs and psychotropic substances act vide judgment dated may 25, 1992, by an additional sessions judge, delhi, and amarjit singh has been sentenced to undergo rigorous imprisonment ..... inform the empowered officer who should thereafter proceed in accordance with the provisions of the ndps act. if he happens to be an empowered officer also, then from that stage ..... such search is completed at that stage section 50 of the ndps act would not be attracted and the question of complying with the requirements there under would not arise. if during such search or arrest there is a chance recovery of any narcotic drug or psychotropic substance then the police officer, who is not empowered, should .....

Narender Kumar Vs. State

Court : Delhi

Reported in : 1995IIAD(Delhi)114; 58(1995)DLT679

..... the appellant, the notice giving a partial option to the accused cannot be termed as full compliance of section 50 of the ndps act. on this groundalone, the conviction and sentence of the appellant cannot be sustained. the result is that the appeal is allowed. the judgment of conviction and ..... section50 of the act is given by the state to the accused,it is the state, which has to explain whether the notice under section 50 of the ndps act is in consonance with the mandatory requirement of the provisions oflaw.(5) in my considered opinion and following the aforesaid cases cited by the learned counsel for ..... careful consideration to the arguments advanced by learned counsel for both the parties. learned additional sessions judge has completely mis-read the provisions of section 50 of the ndps act. to the arguments advanced by the learned counsel for the appellant, the additional sessions judge has dealt the same in the following manner. 'for the following .....

Mangna Vs. State

Court : Delhi

Reported in : 2004(72)DRJ469

s.k. agarwal, j.1. by this petition under section 439, cr.p.c. read with section 37 narcotic drugs and psychotropic substances act, 1985 (for short 'ndps act') petitioner is seeking bail in case fir no. 831/99, under sections 21/61/85 ndps act, p.s. mangolpuri. petitioner's first application for bail was dismissed by hon'ble mr. justice j.d. kapoor vide order dated ..... (paracetamol) were detected in exhibit-1.references:-1. united nation recommended methods for testing.2. isolation and identification of drugs clarke's.3. j. of forensic sciences.'4. learned counsellor petitioner submits that monoacetyl morphine, caffeine and acetaminophen (paracetamol) are not narcotic drugs and psychotropic substance, as defined in the act. learned addl. public i prosecutor for state does not contest the same. thus .....

State Vs. Vireshwar Tyagi and ors.

Court : Delhi

Reported in : 2006(89)DRJ233

..... judgment dated 22.9.2005 and the order of sentence of the same date passed by the additional sessions judge in his capacity as the special judge (narcotic drugs and psychotropic substances act, 1985). the learned additional sessions judge relying upon the decision of this court in the dule hassan v state, which was decided on 2. ..... in the case of ansar ahmed and anr. v. the state : 123(2005)dlt563 , wherein it was held that in a mixture of a narcotic drug or a psychotropic substance with one or more neutral substances, the quantity of the neutral substance or substances is not to be taken while considering whether a small quantity or ..... a commercial quantity of the narcotic drug or psychotropic substance is recovered but only the actual content by weight of the narcotic drug or the psychotropic substance (as the case may be) is relevant for determining whether it would constitute a small quantity or .....

Sagar Singh Vs. the State (Govt. of Nct)

Court : Delhi

Reported in : 130(2006)DLT380; 2006(89)DRJ425

..... to contain 0.94% diacetylmorphine. he submitted that in the case of ansar ahmed (supra) it was held that in a mixture of a narcotic drug or a psychotropic substance with one or more neutral substances, the quantity of the neutral substance or substances is not to be considered for determining whether a small quantity ..... 2005. by virtue of the impugned judgment and order on sentence, the appellant has been convicted under section 21(c) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the ndps act') and has been sentenced to undergo imprisonment for 10 years with a fine of rs.1 lac.2. at this stage, ..... or a commercial quantity of the narcotic drug or psychotropic substance is recovered. in the said decision, it was also held that only the actual content by weight of the narcotic drug or the psychotropic substance (as the case may be) is relevant for determining whether it would constitute .....

Uoi Vs. Farid

Court : Delhi

..... whereby respondent, who is a afghanistan national, has been acquitted on the charges under section 21(c) and 23(c) read with section 28 of the narcotics drugs and psychotropic substance act, 1985 (hereinafter referred to as ndps act).2. in brief the facts of the case are that on 02.06.2007, respondent, who is holder of afghanistan passport arrived at igi airport by ..... revenue intelligence), delhi zonal unit, lodhi road, new delhi and have given the following observations:-"1) there are no guidelines of crcl functions for second test in respect of the narcotic drugs. 2) a) illicit seized ndps materials of natural, semi-synthetic in origin i.e. opium, charas, ganja and heroin etc non-homogeneous in nature, hence, if re-sampled, sample variation .....