Court : Guwahati
..... being carried by the appellant and the apex court held that:'this cannot be said to be a case where on search of the person of the accused a narcotic drug or psychotropic substance was found'.14. it may be mentioned here that the decision rendered in the case of state of punjab v. jasbir singh, (1996) 1 scc ..... a magistrate, now stands overruled by the decision in baldev singh case. if a person is carrying a bag or some other article with him and a narcotic drug or a psychotropic substance is found from it, it cannot be said that it was found from his 'person'. in this case heroin was found from a bag belonging to ..... , silchar in special case no. 21/98 whereby the accused appellant was convicted and sentenced to rigorous imprisonment for ten years for the offence under section 21 of the ndps act.2. the prosecution allegation is that on receipt of certain information, shri sudip kumar dutta, intelligence officer, directorate of -intelligence, silchar accompanied by other officials visited the .....
Tag this Judgment!Court : Guwahati
b.p. saraf, j.1. (1) one sorokhai-bam ibohal singh was detained under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (hereinafter 'the act') under the order of the secretary (home) to the government of manipur passed on 18-6-1990. his detention has been challenged by his .....
Tag this Judgment!Court : Guwahati
..... the state government to enter into any building etc. for the purpose of conducting search and seizure. this can be done from personal knowledge regarding any narcotic drugs or psychotropic substances or 'information given by any person and taking down in writing'. similarly, under sub-section (2) of section 41 a duly authorised gazetted ..... 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 ..... 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 .....
Tag this Judgment!Court : Guwahati
..... of bail.17. the object of the act, inter alia, is to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances. the act provides for deterrent punishments for various offences. the act at it originally stood did not contain any provision indicating whether the offences ..... case no. 1/cl/ndps/bpb/92 of the customs and central excise, crime branch, have filed these applications for bail under section 37 of the narcotic drugs and psychotropic substances act, 1985 (for short, the act) read with section 439 of the code of criminal procedure, 1973 (for short, the code). the ..... it originally stood and as amended. the act was intended to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances and for matters connected therewith. central government is required to take all necessary measures to prevent and .....
Tag this Judgment!Court : Guwahati
..... s. border affairs. he was detained on 10-2-94 in exercise of power conferred under section 3(i) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (hereinafter referred to as the act). this habeas corpus petition is espoused by his spouse challenging detention order dated 10-2-94 as ..... people in case he is released on bail. thus, the application of normal law i.e. 'narcotic drugs and psychotropic substances act, 1988' is not at all effective to prevent him from engaging in illicit trafficking no. 4 heroin drug. an alternative preventive measure is therefore immediately called for.'therefore, it clearly shows that the detaining ..... was corroborated with the statement of mrs. achung tangkhul.from the above facts it is clear that you were engaged in the said illicit traffic of narcotic drugs in a clandestine manner since 1992 under a ring or network of some organisation.'3. considering the above grounds of detention the appropriate authority came to .....
Tag this Judgment!Court : Guwahati
..... and seizure and the option was not given to the accused. this is not a case of search of the accused appellant. the provisions of section 50 of the ndps act are not applicable.9. the learned counsel has alleged violation of the provisions of sections 41 and 42 of the act and has placed reliance on a decision of this ..... establish that the accused was in conscious possession of the contraband articles but once the possession is established, in view of the provisions of sections 35 and 54 of the ndps act, the burden is placed on the accused to prove that he had no culpable mental state. the accused is required to satisfactorily explain for possession of the articles.6. ..... s.) case no. 1/94 and on conclusion of the trail vide impugned judgment dated 12.6.1995 the accused appellant was convicted under section 20(b)(i) of the ndps act (for short the act) and he was sentenced to rigorous imprisonment for five years and to pay a fine of rs. 10,000/- in default further imprisonment for three months .....
Tag this Judgment!Court : Guwahati
..... the 25th april/95no. ex. 145/85/290: - in exercise of the powers conferred by sub-section (1) of section 42 read with section 67 of the narcotic drugs and psychotropic substances act, 1985 (61 of 1985), the governor of assam is pleased to empower all excise officer of and above the rank of assistant inspector of excise, police ..... ganja was detected and seized. on completion of investigation, the sub inspector of police submitted charge sheet against the appellant under section 20(b)(1) of the ndps act. charge was accordingly framed against the appellant under the aforesaid section of law and explained to him to which he pleaded not guilty and claimed to be tried. ..... officers of and above the rank of sub-inspector of police and drugs control officers of and above the rank of inspector of drugs to exercise the powers and .....
Tag this Judgment!Court : Guwahati
..... order of detention on october 11, 1988. the grounds of detention disclose that the appellants were engaged in activities which are offences punishable with imprisonment under the provisions of the narcotic drugs and psychotropic substances act, 1985. it cannot, therefore, be said that there was a reasonable prospect of the appellants not being further remanded to custody on october 13, 1988 and their ..... , in our opinion misconceived because in the case of kamleshkumar (supra), the apex court was considering the validity of the detention order under cofeposa act and ndps act and the representation thereof. unlike in cofeposa and ndps act, in the case of detention under national security act, a specific provision has been made in section 8(1) of the act that a representation against .....
Tag this Judgment!Court : Guwahati
..... , j.1. apprehending arrest in connection with fir no. 29(6) 93 of ukhrul p.s. under sections 20(b)(i) and section 60(3) of the narcotic drugs and psychotropic substances act (hereinafter referred to as no. nd & ps act), the petitioner has approached this court on 17th july, 1993 in this petition under section 438, cr. ..... necessary prescribed minimum terms of imprisonment.9. it is also apparent that object is to make stringent provision for the control and regulation of operation relating to narcotic drugs and psychotropic substances. as regards the quantum of punishment prescribed under the provision of section 20(b)(i) of the nd & ps act, it is clear that ..... likely to commit any offence while on bail.n support of the contention learned public prosecutor placed reliance on a decision of the supremecourt in the case of narcotics control bureau v. kishan lal, reported in : 1991crilj654 , wherein the hon'bie supreme court has held that restrictions placed on the powers of the court .....
Tag this Judgment!Court : Guwahati
b.p. saraf, j.1. the fwrit petitioner is the wife of one laiphrakpam ibotombi singh who was detained under section 3 of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (hereinafter 'the act') on 19-6-1990 under orders of the secretary (home), government of manipur. he is still under detention. by this writ petition the validity ..... decision in the case of hina khan v. superintendent, gauhati district jail, (1989) 2 gsr 253. it was also a case of detention under prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988. in this case the time taken for disposal of the representation was 34 days. this court held the period of 34 days as unreasonable delay. while arriving .....
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