Court : Delhi
Reported in : 1991(2)Crimes686; 44(1991)DLT229; 1991RLR287
..... the minimum sentence of ten years rigorous imprisonment and a fine of rs. 1 lakh. in 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. (13 ..... towards the appellant. (11) the learned addl sessions judge has correctly appreciated the facts and law while convicting the appellant for the said offence under section 18 of the ndps act and i confirm his rindings. (12) on the point of sentence also. the recovery of opium is quite heavy i.e.3kgs. the minimum sentence provided for ..... his apprehension. section 43 which is applicable has been duly complied with. from the statements of the witnesses, it is apparent that compliance of the provisions under the ndps act has been made. time was so short that when the secret information was received, the raiding party was organized in a hurry and even then in such a .....
Tag this Judgment!Court : Delhi
Reported in : 58(1995)DLT673; 1995(33)DRJ52
..... counsel for the appellant, has argued that there was material contradiction in the statements of prosecution evidence. secondly provisions of section 52 and 55 of the narcotic drugs psychotropic substances act (in short 'ndps act') were not followed. thirdly the alleged independent witness was not brought in the witness box and the report of cfsl is defective. (3) elaborating ..... contention he has cited rattan lal v. state 1987 (2) cri 29 wherein it was held that |- 'search and seizure under section 43 of the narcotic drugs and psychotropic substances act, 1985 must take place before a public witness and failure to involve such witness could render the proceedings invalid.'and also cited the cases of ..... admn.) 1990 (2) delhi lawyer 146 in which the court held |- 'the learned counsel for the appellant has then contended that under section 55 of the ndps act the sample of the case property ought to have been taken in presence of the sho and as it was not done in the present case, the mandatory .....
Tag this Judgment!Court : Delhi
Reported in : 1995IIIAD(Delhi)308; 1995CriLJ3590; 1995(3)Crimes477; 59(1995)DLT587; 1995(34)DRJ221
..... raised this specific contention but the same has been erroneously negatived by the additional sessions judge. the learned additional sessions judge has observed that section 50 of the ndps act has been complied with by the prosecution. the a.c.p. happens to be a gazetted officer so in the .opinion of the learned additional sessions ..... gazetted officer or a magistrate 'before being searched and such a search is carried out in presence of a gazetted officer or a magistrate and some contraband drug is recovered, that would strengthen the prosecution case and there would remain very less suspicion with regard to recovery being effected from a particular accused in such ..... by the supreme court and this court, the conclusion becomes irresistible that in the instant case, there is no compliance of section 50 of the ndps act. the section 50 of ndps act envisages a total compliance and in case of partial compliance, the conviction has to be set aside. admittedly in the instant case there has been .....
Tag this Judgment!Court : Delhi
Reported in : 112(2004)DLT594; 2004(73)DRJ690
..... 921 and tahseen v. state, cri. appeal no. 234/1998 whereindifferent benches of this court have taken a consistent view that thebenefit of amending provisions of ndps act should be extended to thepeople who have been awarded harsher punishment as offence was committed when the old act was in force.6. in the present case the ..... , delhi the appellant was apprehended and searched by the police and found in his possession 30 grams of heroin. appropriate charges under section 21 of the ndps act were framed against the accused to which he pleaded not guilty. after considering the evidence led by the prosecution and other material on record, learned additional sessions ..... for leniency in the matter of sentence in view of amended provision of section 21 of ndps act. this amendment which came into force on 2nd october, 2001, reads as under:21. punishment for contravention in relation to manufactured drugs and preparations. whoever, in contravention of any provision of this act or any rule or order .....
Tag this Judgment!Court : Delhi
Reported in : 1991CriLJ662; 42(1990)DLT424; 1991(31)ECC16
..... , j. (1) in exercise of the powers conferred by section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (central act 46 of 1988), in short (pit ndps act), shri ram chandran, secretary to the government of india, passed an order dated 11-1-90 detaining the petitioner bachan singh ..... wig, with a view to preventing him from engaging in illicit traffic in narcotic drugs. (2) this followed an incident ..... the detaining authority that the petitioner was likely to be released on bail and if released, he would engage himself in any prejudicial activities of illicit traffic under ndps act. (8) in support of this submission, learned counsel for the petitioner has placed reliance on a judgment reported as dharmender sugan chand chelawar vs . uo.i .....
Tag this Judgment!Court : Delhi
Reported in : 121(2005)DLT420; 2005(83)DRJ399
..... he alone was responsible for the contraband. thereforee, according to the counsel for the petitioner, since the person responsible and guilty of the offence under the ndps act has already pleaded guilty and has been convicted, there are good grounds to show that no offence is made out against the present petitioner. he further submitted ..... such an offence while on bail. there are no criminal antecedents of the present petitioner. thereforee, in my view, the mandatory provisions of section 37 of the ndps act for the grant of bail, have been satisfied. in addition to this, on humanitarian grounds also, the petitioner is entitled to bail.7. accordingly, the ..... patients;(iii) if we grant bail in such cases, hiv patients or persons suffering from similar other terminal diseases may be used by drug mafia as there carriers to indulge in drug trafficking activities. 3. further, ministry of home affairs is examining in consultation with the concerned authorities to prepare a uniform model code to .....
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Reported in : 1997IVAD(Delhi)929; 1997CriLJ4475; 1997(4)Crimes108; 68(1997)DLT311; 1997(42)DRJ713
..... mr.utpal mishra praying that the accused be tried and punished in accordance with law. the accused was charged for offences under sections 21 and 23 of narcotic drugs & psychotropic substances act, 1985 (for short `the act') for being in illegal and unlawful possession of 975 grams of hashish which he attempted to unsuccessfully export ..... or other place intended for use by, or accessible to, the public.' a reading of the aforesaid provisions, interalia, shows that for seizure of any narcotic drug or psychotropic substance in any public place and for detention and search of any person whom the officer has reason to believe to have committed an offence punishable under ..... of the state government if he has reason to believe from personal knowledge or information given by any person and taken down in writing that any narcotic drug or psychotropic substance, in respect of which an offence punishable under chapter iv has been committed or any document or other article which may furnish evidence of .....
Tag this Judgment!Court : Delhi
Reported in : 2006(90)DRJ745
..... was the basis for deciding whether the substance seized was ganja or not. and, the chemical analyser's report would determine whether the provisions of the narcotic drug and psychotropic substances act 1985 were attracted or not. the court held that in such a situation the magistrate undoubtedly could not proceed to take cognizance of the ..... s report was the foundation on the basis of which the magistrate could proceed to take cognizance of the offences which in that case were under the narcotic drugs and psychotropic substances act, 1985. the court was of the clear view that the charge sheet/report as contemplated under section 173 of the code should be ..... there was whether the substance recovered was ganja or not. if it was ganja then the provisions of the ndps act would apply and if it was not a narcotic drugs or a psychotropic substance then the provisions of the ndps act would not apply. thereforee, the result of the chemical analysis was crucial to the very foundation of the case .....
Tag this Judgment!Court : Delhi
Reported in : 37(1989)DLT145
p.k. babri, j.(1) the appellant, who has been convicted for an offence punishable under section 21 of narcotic drugs and psychotropic substances act (for short 'ndps act') vide judgment dated march 18, 1987 and sentenced to undergo rigorous imprisonment for a period of 10 years and to pay a fine of rs. l,00,000.00 (one ..... found the appellant guilty of the offence. (4) the learned counsel for the appellant has, at the outset, pointed out that the mandatory provisions contained in section 50 of the ndps act had not been complied with inasmuch as no option was given to the appellant that his search may be taken in presence of gazetted officer/ magistrate. i have gone through ..... my opinion, suffers from these vital deficiencies and it would not be safe to convict the appellant of the serious offence allegedly committed by him under section 21 of the ndps act. he deserves to be given a benefit of doudt. (5) i allow the appeal, set aside the conviction and sentences of the appellant and acquit him.
Tag this Judgment!Court : Delhi
Reported in : ILR1989Delhi413
..... no evidence has been collected by the prosecution to show that the contents of the goods recovered from the petitioner are opium as defined in the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'ndps act'). i have seen the copy of the c.f.s.l. report placed before me by the learned counsel for the petitioner which shows that ..... petition thought such quantity to be not very big one but it is not possible to agree with such views because even a small quantity of the drugs coming into the scheme of the ndps act are vested with the same type of punishments. i do not think it is a fit case for grant of bail. the mere fact that ..... the contents examined by the expert contain any of the ingredients mentioned in the definition of 'opium' the sample cannot be treated as 'opium' for the purposes of the ndps act. it was mentioned that the mere fact that some percentage of morphine is detected in the sample would not make the product as opium. 'opium' has been defined in .....
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