Court : Delhi
Reported in : 2003(2)ALT(Cri)9; 2003CriLJ2928; 104(2003)DLT366; 2003(68)DRJ253; 2003(87)ECC828
..... application, and also the likelihood of her being released on bail by the court, and on such release, she is likely to engage herself in illicit traffic in narcotic drugs as is evident from material on record.' 12. given regard to the admitted position that there was no material before detaining authority other than the one contained in ..... in possession of 500 gms. of smack. he was eventually detained by order dated 4.1.2002 under section 3(1) of pit-ndps act to prevent her from engaging in possession and transportation of narcotics drugs in future. the detention order was served on her on 31.1.2002 along with grounds of detention. she made representation against it ..... the facts mentioned herein above and the material placed before, i have no hesitation in holding that sumita @ manto has knowingly engaged herself in the illicit traffic in narcotic drugs as is evident from the statements and material on record, and if not prevented, she is likely to continue indulging in illicit traffic in .....
Tag this Judgment!Court : Delhi
Reported in : 1998(44)DRJ175; (1998)118PLR49
..... section 42 of the ndps act goes to the root of the case and vitiates the trial. if any authority is needed for the above proposition, a reference can be made to (1) habib v. state, ..... same was delivered by constable virender kumar to the forensic laboratory. the punishment provided for an offence under section 21 of the ndps act is very stringent. this being so, the provisions of sections 42, 50, 55 and 57 of the ndps act have to be strictly complied with in order to safeguard the interest of an accused. non-compliance of these provisions including .....
Tag this Judgment!Court : Delhi
Reported in : 1990CriLJ806; 39(1989)DLT103; 1989(17)DRJ249; 1989(24)ECC139
..... required to tender the fair price of the sample against a written acknowledgement from the accused. since there is a complete ban upon dealing in such narcotic drugs and psychotropic substances imposed upon all persons except a licensed dealer or a licensed chemist, which is not the case of the appellant, so there is no ..... the conviction and sentence dated 27.1.1989 by which mr r.c. jain, additional sessions judge, delhi, convicted the appellant under section 20 of the narcotics drugs and psychotropic substances act, 1985 (hereinafter called 'the act') and sentenced him to under go rigorous imprisonment for a period of 10 years and also to a fine ..... taken under the previous act from licensed chemists and druggists whereas the seizing of the narcotic drugs under the present act is from those persons who generally are traffickers in contraband articles. no such question arose from purchasing of narcotic drugs from an unlicensed person. the purchase under the previous act is resorted to by an .....
Tag this Judgment!Court : Delhi
Reported in : 2000(56)DRJ231; 2000(72)ECC255
..... cfsl laboratory and tested positive. in the absence of this vital evidence, it would be difficult to hold the appellant guilty of any offence under section 20 of the ndps act. the benefit of the weakness in the prosecution's case must go to the accused. i, thereforee, in the facts and circumstances of this case, hold that ..... appreciation of the evide.nce, came to the conclu- sion that the prosecution had proved its case and, thereforee, held the appellant guilty under section 20 of the ndps act. the learned amices curiae has taken me through the record of the case and has pointed out that there is nothing on record to show that the cfsl form, ..... accused was apprehended on the point- ing out of the informer and was found in possession of 1.800 kgs. of charas. accordingly; charge under section 20 of the ndps act was framed against the accused to which the appellant pleaded not guilty. the prosecu- corporation in order to prove their case examined eight witnesses. learned addi- tional sessions .....
Tag this Judgment!Court : Delhi
Reported in : 121(2005)DLT84; 2005(82)DRJ570
..... kilograms of charas is said to have been recovered. since the commercial quantity quantified for charas is one kilogram, section 37 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred as 'the ndps act') would be attracted.2. the learned counsel for the petitioner has put in written submissions, however, at the time of arguments he restricted ..... recovered from the 'person' of the accused but from the bag which was hanging on his left shoulder and, thereforee, compliance with section 50 of the ndps act insofar as the recovery of two kilograms charas from the bag is concerned would not be necessary. he referred to various decisions to indicate that recovery from a ..... becomes clear that the bag hanging on the shoulder in this case would not fall within the ambit of the word 'person' occurring in section 50 of the ndps act, and, accordingly, the provision of section 50 would not be applicable.4. accordingly, a case for grant of bail has not been made out. the learned .....
Tag this Judgment!Court : Delhi
Reported in : 1994IAD(Delhi)41; 1994(1)Crimes579; 53(1994)DLT562
..... of the sample disclosed that the sample which was in the form of brown powder answered test for the presence of diacetyl morphine, which is covered under the narcotic drugs and psychotropic substances act, 1985. in respect of its version, the prosecution examined five witnesses, namely, mr. u.k. mishra, intelligence officer (public witness 1), mr ..... never took any plea that he was authorised to possess the contraband. section 54 of the act also permits a presumption that a person who possesses any narcotic drug has committed an offence under chapter-4 of the act,if he fails to explain his possession satisfactorily. (28) under these circumstances, the irresistible conclusion is ..... of the result of the examination which revealed that the sample responded to the test for heroin. (27) thus the appellant was found in possession of narcotic drug possession of which is prohibited by section 8 of the act except for the purposes specified therein. it is in the evidence that the appellant failed .....
Tag this Judgment!Court : Delhi
Reported in : 44(1991)DLT151
..... facts and circumstances of the case, he is not entitled to get the benefit of probation of good behavior. the offence committed by him is of very serious nature under ndps act for which minimum sentense is 10 years and a fine of rs. i lack. he has not produced any material on record which could induce the court to give the ..... time when the court js dealing with the point of sentence. the learned app further submitted that besides this fact, the appellant who is involved in a serious offence under ndps act is not entitled to the benefit of probation either under section 360 cr.p.c. or under the provision of probation of offenders act. (6) on merits, learned app ..... a.m. on the northern side of platforms 8 and 9 near the latrine of new delhi rly station. he was tried for the offence punishable under section 20 of ndps act and the learned addl sessions judge by his judgment dated 4.9.88, found the appellant guilty of the said offence and convicted him accordingly. after giving an opportunity of .....
Tag this Judgment!Court : Delhi
Reported in : 99(2002)DLT721
..... be less than the commercial quantity. thereforee, section 20(b) of the act would come into play.13. by virtue of the amendment of the narcotic drugs and psychotropic substances act of the year 2001 section 41 had been enacted which is being reproduced below for the sake of facility:'41. application of this act ..... lakh. the expression 'commercial quantity' too was inserted in section 2 of the act and reads as under:-'(viia) 'commercial quantity', in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the central government by notification in the official gazette'in pursuance of the said provision a ..... november, 2001 and 20th november, 2001 respectively. the learned trial court had held the appellant guilty of the offence punishable under section 21 of the narcotic drug and psychotropic substances act, 1985 (for short the act) and by the subsequent order of sentence awarded him rigorous imprisonment of 10 years and a fine of .....
Tag this Judgment!Court : Delhi
Reported in : 2008(105)DRJ415
..... every case turns on its own facts. 6. the petitioner is found to have no previous criminal involvement; all the witnesses are official witnesses; section 37 of the ndps act does not apply, and since no other ground is urged in opposition, i consider it appropriate that the petitioner be released on bail on his furnishing a personal bond ..... on bail. to my mind, this is not a sound proposition. it cannot be the sole, inflexible criteria, as contended by learned counsel for the state. the ndps act does not prescribe such an approach.5. even under section 37 of that act, such an approach has not been prescribed, despite the fact that it has been specially ..... thereunder. since the maximum punishment that could be meted out to the petitioner in that case for possession of the 'intermediate' quantity under section 21(b) of the ndps act would be imprisonment for 10 years with fine of rs. 1.00 lakh, consequently, looking at the proportionality, the court felt that even if it is assumed that .....
Tag this Judgment!Court : Delhi
Reported in : 2001CriLJ1021; 2001(73)ECC438
..... or expedient for the purpose of securing the effective implementation of the provisions of this act and preventing and combating the abuse of narcotic drugs and psychotropic substances and illicit traffic therein. (3) the central government may, if it considers it necessary or expedient so to do for ..... in foreign countries and concerned international organizations with a view to facilitating coordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances ;(d) identification, treatment, education, after-care, rehabilitation and social re-integration of addicts ;(e) such other matters as the ..... and concerned inter-national organisations with a view to facilitating co-ordination and universal action for prevention and suppression of illicit traffic in narcotic drugs and psychotropic substances.8. the powers, thereforee, required to be exercised by ncb were circumscribed by he order/notification that brought it into existence .....
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