Court : Gujarat
Reported in : (2005)3GLR2707
..... , rajkot, in n.d.p.s. case no. 104 of 2000 whereby the appellant is convicted of the offence punishable under section 21 of the narcotic drugs and psychotropic substances act, 1985 [the ndps act] and sentenced to suffer r.i. for a period of ten years and a fine of rs. 1 lac, in default, r.i. of ..... of conviction against the appellant came to be recorded under section 21 of the ndps act. it is true that charas which was found from the possession of the appellant is neither psychotropic substance nor manufactured drug and, therefore, provisions of sections 22 & 21 of the ndps act would not be attracted to the facts of the present case. however, there ..... entitled to be acquitted of the offence punishable under section 21 of the ndps act. the learned counsel further contended that substance found from possession of the appellant i.e. charas is neither psychotropic substance within the meaning of section 22 of the act nor manufactured drug within the meaning of section 21 of the act and, therefore, .....
Tag this Judgment!Court : Gujarat
Reported in : (2009)3GLR1982
..... , substitution, constraints of proper storage space or any other relevant considerations, by notification published in the office gazette, specify such narcotic drugs or psychotropic substances or class of narcotic drugs or class of psychotropic substances which shall, as soon as may be after their seizure, be disposed of by such officer and in such manner as ..... j.1. both the instant appeals are preferred by the appellants under section 374 of the code of criminal procedure to read with section 36b of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'n.d.p.s. act') against the judgment and order rendered by the additional sessions judge, ..... of the accused under section 108 of the said act becomes relevant and admissible even though customs officers may be police officers.31.10. narcotic drugs and psychotropic substances act is a complete code. section 67 of the act authorizes the authorized officer to record the statement in the form of information .....
Tag this Judgment!Court : Gujarat
Reported in : 2003CriLJ5070; (2003)4GLR916
..... is filed under section 374 (2) of the code of criminal procedure, 1973 ('the code' for short) read with section 36b of the narcotic drugs and psychotropic substances act, 1985 ('the ndps act' for short) through jail, is directed against a judgment and order dated february 4, 1997 rendered by special judge, kachchh at bhuj, in ..... jaya kumar's case (supra) similar question arose before a single judge of the andhra pradesh high court. in the said case the boxes containing psychotropic substances seized were not deposited in any police station. the learned single judge held that there was no question of affixing of seal of officer in ..... dated22.7.1994, alongwith the forwardingletter and its dated receipt 3318. inventory in original in respect ofseized charas prepared beforeexecutive magistrate, bhuj as perthe provisions of ndps act dated12.9.1994. 4719. original test report received fromfsl, ahmedabad alongwith letteraddressed to the superintendent ofcustoms, rcp, gadhuli dated 4.10.94. 342.8. .....
Tag this Judgment!Court : Gujarat
Reported in : (2008)2GLR1598
..... recording the conviction of the appellants-accused for the offences under section 8(c), read with sections 21 and 29, of the narcotic drugs & psychotropic substances act, 1985 (hereinafter referred to as 'ndps act') for possession and illegal smuggling and trafficking of heroin as a part of the conspiracy. the appellant in criminal appeal no. ..... for one year. 2. the facts of the prosecution case, briefly summarized, are that a conspiracy was hatched for interstate smuggling and trafficking/transportation of narcotic drugs and psychotropic substances (heroin). a secret information was received by mr. k.c. chudasma, inspector, anti-terrorist squad, which he passed on to mr. vipul ..... that a secret information at exh.135 was received by mr. k.c. chudasama, police inspector, ats, gujarat state, about the illicit trafficking of narcotics drugs and psychotropic substance (brown sugar) in a truck bearing registration no. rj-04-g-1305, which was forwarded to the zonal director, ncb, ahmedabad by the .....
Tag this Judgment!Court : Gujarat
Reported in : (2002)4GLR3127
..... present case.on a plain reading of section 52a, it is clear that it provides for, `disposal of seized narcotic drugs and psychotropic substances'. having regard to the hazardous nature of a narcotic drug or psychotropic substance, their vulnerability to theft, substitution, constraints of proper storage space or any other relevant consideration, the act has ..... the code of criminal procedure, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under sub.section (2) and certified by the magistrate, as primary evidence in respect of such offence.'in ..... vs. state of goa, reported at : 2000crilj3485 , has observed as under :'learned counsel tried to highlight a point that section 50 of the narcotic drugs and psychotropic substances act has not strictly been complied with by pw 8, the officer who conducted the search. according to the learned counsel for the appellant, .....
Tag this Judgment!Court : Gujarat
Reported in : 1995CriLJ3751; (1996)1GLR219
..... 264 of 1991 have preferred this appeal. this appeal is filed against the judgment and order of conviction under section 20(b)(ii) of narcotic drugs and psychotropic substances act, 1985 (ndps act) and under section 66(1)(b) of the bombay prohibition act. each of the appellants was awarded r.i. for 10 years and ..... purchase and consumption of poppy straw, etc. now chapter iv deals with various offences and penalties for contravention in relation to opium poppy, coca plant, narcotic drugs and psychotropic substances and prescribes deterrent sentences. the provisions of chapter v deals with the procedure regarding the entry, arrest, search and seizure. chapter v-a deals ..... committed any offence punishable under chapter iv or for search of any building, conveyance or place in which they have reason to believe that any narcotic drug or psychotropic substance in respect of which an offence punishable under chapter iv has been committed is kept or concealed. section 42, empowers certain officers to .....
Tag this Judgment!Court : Gujarat
Reported in : 2000(71)ECC425; (1999)3GLR699
..... in sessions case no. 228/91. the appellant herein (for short `the accused') came to be convicted under section 20(b) of the narcotic drugs & psychotropic substances act (for short `ndps act') and was sentenced to suffer rigorous imprisonment for 10 years and fine of rs.1,00,000, in default to suffer rigorous imprisonment for a period ..... by ms. rohini acharya, learned advocate for the appellant-accused. she first referred to the notes appearing on page 675 and onwards from law of narcotic drugs and psychotropic substances by prahlad prasad gupta, 1998 edition. she read before us the note inter alia saying that except the provision contained in section 55, no ..... general procedure laid down in standing instruction no. 1/88 so far may be applicable, may be followed and drawal, storage, testing of samples of narcotic drugs and psychotropic substances, in relation to which some offender is sought to be prosecuted for contravention of any provisions of the act or rules framed thereunder.'we may .....
Tag this Judgment!Court : Gujarat
Reported in : 1991CriLJ1483; (1990)2GLR923
..... place intended for use by, or accessible to the public.'section 43 gives plenary power to the officers to seize in a public place or in transit any narcotic drug or psychotropic substance and to detain and search any person, whom he has reason to believe has committed the offence. the only restriction is that such powers can be exercised ..... under chapter iv, or for the search, whether by day or by night, of any building, conveyance or place, in which he has reason to believe any narcotic drug or psychotropic substance in respect of which an offence punishable under chapter iv has been committed or any document or any other article which may furnish evidence of the commission of ..... and arrest in public places -- any officer of any of the departments mentioned in section 42 may --(a) seize, in any public place or in transit, any narcotic drug or psychotropic substance in respect of which he has reason to believe an offence punishable under chapter iv has been committed, and, along with such .....
Tag this Judgment!Court : Gujarat
Reported in : 2004CriLJ2229; (2004)3GLR2129
..... 56 of 1998 and sessions case no.57 of 1998, by which, the appellants are convicted of the offence punishable under section 22 of the narcotic drugs and psychotropic substances act, 1985 ('ndps act' for short) as well as of the offence punishable under section 379 read with 114 of the indian penal code, and sentenced to suffer r ..... is no manner of doubt that each appellant was found in possession of small quantity of psychotropic substance. however, it is well settled that, as per section 27 of the ndps act, onus is on the person from whose possession narcotic drug or psychotropic substance is found to prove that the said quantity was for his personal use. in ..... plenary powers to the officers to seize in a public place or in transit any narcotic drug or psychotropic substance and to detain and search any person whom he has reason to believe has committed offence punishable under the ndps act. the only restriction is that those powers should be exercised by the officer of any department .....
Tag this Judgment!Court : Gujarat
Reported in : (2000)1GLR137
..... at the conclusion of trial, the learned sessions judge convicted the accused (appellant herein) of the offences punishable under section 20(b)(2) of the narcotic drugs and psychotropic substances act, (`ndps act' for short), and sentenced to undergo rigorous imprisonment for a period of 12 years with fine of rs. 100000, in default to undergo rigorous imprisonment ..... knowledge or information given by any person and taken in writing that any person has committed an offence punishable under chapter iv or that any narcotic drug, or psychotropic substance in respect of which any offence punishable under chapter iv has been committed or any document or other article which may furnish evidence of ..... be drawn for sampling.___ the quantity to be drawn in each sample for chemical test shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances save in the cases of opium, ganja and charas (hashish) where a quantity of 24 grams in each case is required for chemical test .....
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