Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 65 omitted Court: himachal pradesh Page 1 of about 33 results (0.101 seconds)

State of Himachal Pradesh Vs. Soran Singh

Court : Himachal Pradesh

Reported in : 1998CriLJ1829

..... the opinion of the chemical analyst. the prosecution must establish with reference to the evidence of expert that what was seized from the accused was a narcotic drug or psychotropic substance.15. rule 2 of the 1985 rules deals with definitions. it begins with the words: 'in these rules, unless the context otherwise requires...'. ..... purposes, cultivation of coca plant, opium, poppy, cannabis plant and also production, manufacture, possession, sale, purchase, transport, use, consumption, export, import of any narcotic drug or psychotropic substance.12. in exercise of the powers under section 9 read with section 76 of the act, the central government made the n.d.p.s. rules, ..... the police while conducting investigation in a criminal offence and if a search conducted in connection with that offence had resulted in the seizure of a narcotic drug or psychotropic substance, compliance of section 50, sub-section (1) becomes impossible, as by then search had already been over. in the present case, the .....

Fredrick George Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2002CriLJ4600

..... a bag which was being carried by the appellant. therefore, this cannot be said to be a case where on search of the person of the accused, a narcotic drug or psychotropic drug was found. in our opinion, the courts below have correctly held that the appellant is guilty of committing the said offence. the appeal is, therefore, dismissed. 16 ..... magistrate, now stands overruled by the decision in baldev singh's 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 ..... -8-2000 passed by the learned special judge, kullu, whereby the appellant-accused (hereafter referred to as 'the accused') has been convicted under section 20 of the narcotic drugs and psychotropic substances act, 1985 (hereafter referred to as 'the act') and has been sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of rs. .....

State Vs. Vidya Devi and Etc.

Court : Himachal Pradesh

Reported in : 1993CriLJ3556

..... the legislation, the learned counsel contended that the legislature enacted this legislation to put a complete stop on the large scale menance of illicit trafficking in narcotic drugs and psychotropic substances and did not intend to leave any kind of escape-route to the criminals, therefore, this court can provide the mode to deal with ..... order to curb the activities of mafia world and realising that the existing legislations were not strong enough to deal with the evil and evil-doers, the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) (hereinafter referred to as 'the act') was passed by the parliament. it is pertinent to quote the observations ..... a larger bench for examination by order dated august 19, 1992. this is how these cases have come before us. 5. illegal trafficking in narcotic drugs and psychotropic substances has become a terrible menace tending to destroy the very fibre of our society being also instrumental in subverting the young generation which is easily .....

State of H.P. Vs. Munshi Ram

Court : Himachal Pradesh

Reported in : 2003CriLJ1946

..... entitled to bail. the definition of commercial quantity as given under section 2(viia) is 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;whereas the distinction of 'small quantity ..... ' as given under section 2(xiiia) is as under :'small quantity,' in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the central government by notification in the official gazette.'12. so far the notification ..... , it specifies the quantity mentioned in column nos. 5 and 6 of the table as small and commercial quantity respectively in relation to the narcotic drug or psychotropic substance mentioned in the corresponding entry in columns 2 to 4 of the said table. cannabis and cannabis resin (charas, hashish) are given .....

Dev Raj Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2005CriLJ4580

..... of 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 sub-stance, or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which ..... personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this act or that any narcotic drug or psychotropic substance or controlled substance in respect of which any offence under this act has been committed or any document or other article which may furnish ..... kullu dated march 14, 2002 whereby the respondent, hereinafter referred to as the accused' has been convicted for an offence punishable under section 20 of the narcotic drugs and psychotropic substances act, 1985 (act for short) and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of rupees one lakh. in case .....

Latif Mohammad Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2004CriLJ2750

..... and unreliable.12. it is also well settled that when any authorised officer is about to search any person suspected of being in possession of narcotic drug or psychotropic substance it is obligatory for such officer to inform the suspect that if he so requires he shall be produced before a gazetted officer or a ..... enter into and make search/seizure in any building, conveyance or place wherein as per his belief based on such recorded personal knowledge or information any narcotic drug or psychotropic substance or controlled substance regarding which an offence punishable under the act has been committed or any document or article which may furnish evidence of the ..... of 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, or controlled substance in respect of which an offence punishable under this act has been committed or any document or other articles which may .....

State of H.P. Vs. Jesper Nelise.

Court : Himachal pradesh

..... was not sent for analysis also contained charas and it was also observed that it had to be borne in mind that the act applied to certain narcotic drugs and psychotropic substances and not to all kind of intoxicating substances and in any event, in the absence of positive proof that both the pieces recovered from the ..... that the contraband goods was recovered from the bag and not from the personal search, therefore, the question of compliance of mandatory requirement of section 50 of ndps act would not arise. so far as the offence of the accused/respondent(convict/appellant) regarding section 14 of foreigners act, 1946 is concerned, admittedly the accused was ..... by learned addl. sessions judge, kullu, district kullu, in session trial no. 12 of 1996, thereby acquitting the respondent/accused for the offence under section 20 of ndps act. 2. the criminal appeal no. 611/1996 has been preferred by convict-appellant against the same judgment dated 30.11.1996 passed by learned addl. sessions judge, .....

Gopal Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2006(2)ShimLC97

..... the person to be searched to the nearest gazetted officer or magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or magistrate, proceed to ..... take the person to be searched to the nearest gazetted officer or magistrate without the possibility of the person parting with the possession of the narcotics drugs and psychotropic substances he may instead proceed to search the person as provided under section 100 crpc section 100 of the crpc in fact deals with search ..... if during such search or arrest there is a chance recovery of any narcotic drug or psychotropic substance then the police officer, who is not empowered, should inform the empowered officer who should thereafter proceed in accordance with the provisions of the ndps act. if he happens to be an empowered officer also, then from that .....

Bhagwan Dass Etc. Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2003CriLJ536

..... of by this single judgment. each of the two appellants (hereinafter referred to as the accused) stands convicted for the offence under section 20, narcotic drugs and psychotropic substances act, 1985 (for short ndps act) by the learned special judge and sentenced to rigorous imprisonment for ten years and to pay fine of rupees one lac. in default of ..... and they were acquitted of the offence. it was held :--'there is no evidence that anybody had seen that any one of the accused was dealing with narcotic drugs. there is also no evidence to show that any one of them had admitted either through a confession or otherwise of any incriminating role. nor is there ..... been rightly convicted and sentenced.14. we do not find force in the contention of learned additional advocate general. before a presumption under sections 35 and 54, ndps act can be raised, the prosecution has to prove beyond all reasonable doubts that charas was found in possession of the accused. since the very possession of charas .....

Raj Mohammed Alias Raju Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2002CriLJ2091

..... 'accused') has filed this appeal from model central jail, nahan against the judgment and order of conviction and sentence under section 15 of the narcotic drugs and psychotropic substances act, 1985, (for short ndps act) recorded by the sessions judge, una on august 31 1999 in sessions case no. 20/98/sessions trial no. 28/98.2. the ..... failed to account satisfactorily for the possession of the contraband recovered from his possession and he could not rebut the presumption envisaged under section 54 of the ndps act.16. now the further question arises for our consideration is whether the learned sessions judge was right in rejecting the claim of the accused for the ..... completed the investigation. the charge-sheet was laid before the learned sessions judge against the accused for the commission of the offence under section 15 of the ndps act.3. the learned sessions judge on consideration of the police report submitted under section 173, cr.p.c. found prima facie case against the accused and .....