Court : Guwahati
..... components are same and identical. the question, therefore, is, according to the learned public prosecutor, whether propoxyphene is a narcotic drug or psychotropic substance? if propoxyphene is not a psychotropic substance, but it is a narcotic drug, then, the prosecution of the accused, under section 22(c), may not be maintainable inasmuch as section 22(c) ..... of the ban imposed by rule 53-a (schedule ii) subject, however, to sub rule (2) of rule 53a, which allows export of a narcotic drug or psychotropic substance under special license(sic). therefore, if amfepramone were to be exported to any country, other than pakistan, oman and turkey, it had to be ..... information, so lodged, cid police station case no. 31/2009 under sections 380/411 ipc read with section 22(c)/29 of the narcotic drugs and psychotropic substances act (in short, 'the ndps act') was registered. the samples were sent to forensic science laboratory (for short, 'the fsl'), which reported that the chemical examination of the .....
Tag this Judgment!Court : Guwahati
..... components are same and identical. the question, therefore, is, according to the learned public prosecutor, whether propoxyphene is a narcotic drug or psychotropic substance? if propoxyphene is not a psychotropic substance, but it is a narcotic drug, then, the prosecution of the accused, under section 22(c), may not be maintainable inasmuch as section 22(c) ..... of the ban imposed by rule 53-a (schedule ii) subject, however, to sub rule (2) of rule 53a, which allows export of a narcotic drug or psychotropic substance under special license(sic). therefore, if amfepramone were to be exported to any country, other than pakistan, oman and turkey, it had to be ..... information, so lodged, cid police station case no. 31/2009 under sections 380/411 ipc read with section 22(c)/29 of the narcotic drugs and psychotropic substances act (in short, 'the ndps act') was registered. the samples were sent to forensic science laboratory (for short, 'the fsl'), which reported that the chemical examination of the .....
Tag this Judgment!Court : Guwahati
..... thus the judgment of conviction and sentence so awarded does not require any interference. stringent provisions for the control and regulation of operation relating to narcotic drugs and psychotropic substance is provided under this act as to keep check and break on the trafficking of such offences which has a nationwide effect because continuation of ..... neelam, j.1. the sole accused-appellant bajrangi singh preferred this appeal under section 374 cr. p.c. read with section 36(b) of the narcotic drugs and psychotropic substances act, 1985 against the judgment of conviction and sentence dated 23-2-94 passed by the learned special judge, cachar, silchar in special case no. ..... counsel representing the accused-appellant has much of substance. in my considered opinion; there is non-compliance of the mandatory provisions of section 50 of the ndps act on which no evidence is so adduced coming from the mouth of any of the witnesses with regard to the present accused-appellant being informed with the .....
Tag this Judgment!Court : Guwahati
..... the cases under the ndps act. the provisions for bail/bond are contained in chapter 13 of the code of criminal procedure. the title of the chapter reads 'provisions for bail/bonds.' 16. ..... a prosecution before a special court, shall be deemed to be a public prosecutor.' 15. a careful reading of section 36c shows that a special court under the ndps act exercises the same powers as are exercised by a court of sessions and all the provisions relating to bail/bonds contained in code of criminal procedure are applicable to ..... which is quoted herein below : 'in both the cases the preliminary question raised is regarding the maintainability of the application for pre-arrest bail in a case under the ndps act. moreso, in view of the recent decision of this court in the case of suresh dutta v. state of tripura, (2003) 1 glj 107. learned counsel for the .....
Tag this Judgment!Court : Guwahati
..... the aforesaid judgment, the learned judge acquitted the respondent herein of the charge under section 21, read with section 8(c) of the narcotic drugs and psychotropic substances act, 1985 (in short, hereinafter called as 'ndps act, 1985').2. the prosecution story in brief is that pw 6 nikhil ranjan choudhury, inspector of customs and central excise silchar along with ..... analysed through the forensic science laboratory, the said witness had submitted the offence report against the accused under section 21, read with section 8(c) of the ndps act for illegal possession of the aforesaid contraband articles and sent up the accused for trial.3. on the basis of the said report, a special case was ..... registered and the charges were framed under section 21, r/w s.8(c) of the ndps act for illegal possession of the aforesaid quantity of heroin. the charge was explained to the accused, she pleaded not guilty and claimed to be tried. the prosecution .....
Tag this Judgment!Court : Guwahati
..... necessary for such area or areas as may be specification in the notification.' 5. by virtue of section 36a of the narcotic drugs and psychotropic substances act, 1985, all offences under the narcotic drugs and psychotropic substances act, 1985 are triable only by the special court constituted for the area in which the offence has been committed. ..... government standing counsel for the respondents.3. the only submission of the learned counsel for the appellant is that since the appellant being tried under the narcotic drugs and psychotropic substances act, 1985, the trial could not have been by the general court martial under the army act, 1950 and it could have been by ..... and dismissed from service having been found guilty of the charge of unlawful possession of ganja in violation of section 20(b)(i) of the narcotic drugs and psychotropic substances act, 1985. the appellant was absolved from the charges of absenting himself without leave from his unit. the punishment imposed by the general .....
Tag this Judgment!Court : Guwahati
..... kerala akbori act where restrictions for grant of bail as contained in section 41a of the act thereof were the same as those in section 37 of the narcotic drugs and psychotropic substance act, 1985 (as amended) and therefore the same analogy could not be drawn in the present case as well.22. a survey of the ..... court. referring to section 41a of the aforementioned act, the apex court, after observing that the provisions thereof was in pari materia with section 37 of the narcotic drugs and psychotropic substances act, 1985 (as amended) disapproved the approach of the sessions court in granting bail to the appellants on the reasoning that no material could be ..... for grant of bail under section 438, of the code of criminal procedure, 1973, (hereinafter called 'the code') before the high court is maintainable for offences under the narcotic drugs and psychotropic substances act, 1985, (as amended)(for short 'the act') in the face of section 36a(3) thereof?3. we have heard mr. b.k. mahajan, .....
Tag this Judgment!Court : Guwahati
..... vehicle was seized along with the petitioner's c.r. coil and a case being numbered as special case no. 5/2002 was registered under section 20(b) of the narcotic drugs and psychotropic substances act, 1985 (for short, 'the act'). against such seizure the petitioner approached the learned special judge, kokrajhar praying for zimma of the said c.r. coil. the learned ..... law laid down in those sections are extracted hereunder, section 61 of the act reads as follows :- '61.- confiscation of goods used for concealing illicit drugs or substances - any goods used for concealing any narcotic drugs or psychotropic substance which is liable to confiscation under this act shall also be liable to confiscation.' the provisions of section 451 and 457 of the cr.pc .....
Tag this Judgment!Court : Guwahati
..... 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 ..... debnath were tired by the learned special judge (sessions judge), morigaon under section 20(ii)(c) read with section 29 of the narcotic drugs and psychotropic substances act, in short, the ndps act and sentenced both the appellants having found guilty under the charge vide judgment and order dated 16.9.2005 passed in special case no ..... the judgment and order dated 16.9.2005, convicting the accused appellants under section 20(ii)(c)/29 of the ndps act is liable to be set aside and quashed.11. the narcotic drugs and psychotropic substances act is mostly adorned with technicalities, legislature, perhaps taking into consideration of the severity of punishment provided in the .....
Tag this Judgment!Court : Guwahati
..... reasonable apprehension of being arrested in connection with bishalghar p.s. case no. 53/2002 under section 20(b) of the narcotic drugs and psychotropic substances act, 1985 (shortly called 'ndps act') the petitioner has filed this petition under section 438(1) of the cr.pc seeking pre-arrest bail direction. 2. ..... at the outset, the learned public prosecutor raised a preliminary objection contending, inter alia, that any person, who is implicated or having reasonable apprehension of being arrested in connection with any offence punishable under ndps act ..... power of the high court regarding bail matters during investigation/trial. for convenience sake, sub-section (3) of section 36a of the ndps act is reproduced below :- '(3) nothing contained in this section shall be doomed lo affect the special powers of the high court .....
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