Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 65 omitted Court: delhi Page 8 of about 243 results (0.297 seconds)

Rattan Lal Vs. State

Court : Delhi

Reported in : 1987(2)Crimes29; 32(1987)DLT1

malik sharif-ud-din, j. (1) the appellant was convicted under section 21 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter for short known as ndps act) and was sentenced to undergo r. i. for 10 years and also to the fine of rs.one lakh and in default to further undergo r ..... personally feel that the learned counsel fear the appellant is justified in raising these contentions. in view of the nature of punishment provided for the offence under the ndps act the legislature has deliberately made. certain provisions to afford safeguard so that innocent persons are not harassed. if the investigating agency deliberately ignores to comply with the ..... obviously, there is a deliberate attempt to defeat the legislative safeguards. (6) that apart, there is nothing to indicate that the provisions of section 57 of ndps act have been complied with. under the provisions of this section a full report as to the particulars of arrest and seizure has to be submitted to the immediate .....

Patrick Bruno Wafula Vs. Department of Customs

Court : Delhi

Reported in : 94(2001)DLT221; 2001(60)DRJ439; 2001(78)ECC698

..... facts of the case as have been noticed by the additional sessions judge are as follows:-'when the accused was apprehended, he was asked whether he was carrying any narcotic drug to which he replied in negative and thereafter, the custom officer asked him to identify his checked-in baggage which was identified by the accused i.e. a black ..... cards ex.p2 and p3 passport ex. p6 hostel card ex. p7 identity card ex. p9, baggage tag and baggage stub ex.p4 and p5 were also seized. the narcotic drug from the possession of the accused was also seized and four representative samples of five grams each were drawn from there which were packed in four polythene pouches which in ..... with the custom seal no.3/92 with a paper slip underneath signed by the seizing officer, the accused and two panch witnesses. the remaining 450 grams of the narcotic drug was packed in a polythene pouch which was placed in a plastic container which in turn was wrapped with cloth, stickled and sealed with the custom seal no.3/ .....

Shamsher HussaIn Vs. State (Delhi Administration)

Court : Delhi

Reported in : 1993IVAD(Delhi)558; 1994(3)Crimes12; 52(1993)DLT375

..... advanced by the learned counsel for the petitioner while rejecting the bail application.(6) i find no ground for admitting this accused on bail in this case under the ndps act. the application is hereby dismissed. it has already been ordered for the expeditious disposal of the case.a copy of this order be sent to the court concerned for ..... prosecution or the accused.according to him, this accused is not entitled to released on bail under section 37 of the ndps act.(3) i have given my considered thought to the submissions made by the counsel for the parties and i have also gone through the record. for grant of ..... bail.(2) learned state counsel mr. o.p. faizi has strongly opposed this bail application of the petitioner on the plea that all the mandatory provisions of the ndps act have been duly complied within this case and that the evidence before the trial court cannot be appreciated at the stage of granting bail prejudicing the case of the .....

Jasbir Singh Vs. N.C.B.

Court : Delhi

Reported in : 2007(98)DRJ404

..... of even date i.e. 6.8.2005 passed by the court of special judge, ndps, delhi.2. on 20.11.1987 drug enforcement administration officials, usa seized narcotic drugs from 2 indians and informed narcotics control bureau about the same. on 22.6.1988 ncb, delhi filed a complaint against 6 persons including petitioner under section 21, ..... 23 and 29 of the ndps act, 1985.3. facts pertaining to crl.m.c. 4872/2005 are that on 18.5.2005 an ..... inquiry or trial of an offence under special laws which must of necessity include ndps act 1985. consequently section 172 cr.p.c. shall also apply during investigation or inquiry of an offence under ndps act inasmuch as there is no specific provision in the ndps act contrary to or excluding the operation of section 172.15. for the aforementioned .....

Atik Ansari (In Jc) Vs. the State, Nct Delhi

Court : Delhi

Reported in : 131(2006)DLT463; 2006(90)DRJ290

..... : 1999(66)ecc335 and in particular he relied on paragraph 7 of the said judgment in which there is a remark that 'persons who are involved in narcotic drugs are instrumental in causing death or in inflicting death-blow to a number of innocent young victims, who are vulnerable and it causes deleterious effects and a deadly ..... however, argued that the supreme court in dadu @ tulsidas etc. v. state of maharashtra etc. : 2000crilj4619 , while considering the provisions of section 32a of the ndps act which relates to parole post sentencing, concluded that the said provision was unconstitutional because it limited the right of the court to grant parole. he submits that the question of ..... islamuddin @ chotey v. state of delhi 1999 (3) cc c (hc) 152 in support of their argument that interim bail ought not to be granted under the ndps act in view of the provisions of section 37 thereof. the learned single judge observed that makhtool singh v. state of punjab (supra) has been overruled by the supreme .....

Mohd Islam Vs. State, Nct of Delhi

Court : Delhi

..... this case, while maintaining the sentence of fine imposed upon the appellant, the substantive sentence awarded to the appellant for the offence under section 21(b) ndps act is reduced from 2 years to the period already undergone in custody by the appellant. 8. the appeal is partly accepted subject to the aforesaid modification ..... in the court, submits that the appellant admits his guilt on merits and he does not wish to challenge his conviction under section 21(b) of ndps act. learned counsel, however, has confined his submissions against the quantum of sentence awarded to the appellant. it is submitted that the sentence awarded to the appellant ..... c. was recorded wherein he denied the prosecution story. on consideration of the evidence, learned special judge found the appellant guilty of offence under section 21(b) ndps act. he accordingly convicted and sentenced him. 4. learned shri a.k. tiwari, advocate appearing for the appellant, at the outset, on instructions from the appellant .....

Prem Pal Singh Vs. State of Delhi

Court : Delhi

Reported in : 2000(72)ECC266

..... appreciation of evidence, came to a finding that the prosecution has proved the case beyond the shadow of doubt and, thereforee, convicted the appellant under section 21 of the ndps act. the learned counsel for the appellant has argued before me that the judgment under challenge as also the prosecution's case suffers from various infirm- ities. firstly, there ..... malkhana. the mohar- rar malkhana thereafter dispatched the same for chemical analysis to cfsl laboratory, chandigarh. on 11.7.1995, charge was framed under section 21 of the ndps act to which the appellant pleaded not guilty and thereafter the case was put up for trial. 3. the prosecution in order to prove its case, examined eight witnesses. ..... 95 from fir no. 95/95, police station janak puri, new delhi under sections 21/61/85 of the ndps act, 1985 whereby the learned special judge held the petitioner guilty of an offence under section 21 of the ndps act for being in possession of 120 grams of smack on 23.2.1995 at about 4.25 a.m. and .....

Bennehard J. Framous @ Ortege Francis Vs. State

Court : Delhi

Reported in : 1992CriLJ4009; 1992(2)Crimes788; 48(1992)DLT370

..... been convicted vide judgment dated april 26, 1989, of an additional sessions judge, new delhi, for an offence punishable under section 21 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the ndps act') and vide order of the even date has been sentenced to undergo rigorous imprisonment for ten years and to pay a fine of rs. l, ..... do not prohibit taking of any sample by the investigating officer at the spot. even otherwise any violation of the salutary provisions which have been incorporated in the ndps act would not be fatal to the prosecution case unless from the overall view of the evidence the court comes to the conclusion that the prosecution case is suspect. ..... counsel for the appellant has further argued that the sample ought to have been taken in presence of the sho and he drew my attention to section 55 of the ndps act. section 55 was interpreted by mein ram khilawan v. slate (delhi admn.) 1990 (1) ccs 570 and also in david r, hall v. state (delhi admn.) .....

Satyaprakash Behl Vs. Union of India and ors.

Court : Delhi

Reported in : 69(1997)DLT406

..... ware housing,concealment, use or consumption,import inter-state, export inter-state, import into india, export from india or transshipment, of narcotic drugs or psychotropic substances; (iv) dealing in any activities in narcotic drugs or psychotropic substances other than those provided in sub-clauses (i) to (iii); or (v) handling or letting any premises for the ..... carrying on of any of the activities referred to in sub-clauses (i) to (iv); other than those permitted under the narcotic drugs and psychotropic substances act. 1985 (61 of 1985), or any rule or order made, or any condition of any licence, term or authorisation issued, there under and ..... detention order has been made without application of mind. section 2(e) of the act reads as under: 2.(e) 'illicit traffic', in relation to narcotic drugs and psychotropic substances, means - (i)cultivating any coca plant or gathering any portion of coca plant; (ii) cultivating the opium poppy or any cannabis plant; ( .....

Shiv Dayal Shah Vs. State (Nct of Delhi)

Court : Delhi

Reported in : 2006(91)DRJ441

..... the present case, the seizure having been effected in a public place, the question of non-compliance , if any, of the provisions of section 42 of the ndps act is wholly irrelevant. for these reasons, the argument urged by learned counsel for the appellant must be eschewed out of consideration.10. the learned counsel for the ..... conveyance is searched in a public place, the officer making the search is not required to record his satisfaction as contemplated by the proviso to section 42 of the ndps act for searching the vehicle between sunset and the sunrise. 9. in narayanaswamy ravishankar v. asstt. dir., directorate of revenue intelligence, 2002 viii ad (s.c.) 204 ..... case. in this ease, the contraband was recovered from the bag which the accused/appellant was holding. although, there was no need to serve notice under section 50 ndps act, yet, it was served and in reply, accused/appellant desired to be searched in presence of a gazetted officer. consequently, i.k. jha, sub-inspector, the .....