Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 65 omitted Court: himachal pradesh Page 4 of about 33 results (0.106 seconds)

Moti Ram. Vs. State of H.P.

Court : Himachal pradesh

..... judgment dated 17.2.2010 passed by learned special judge, chamba, chamba division, in sessions trial no.23 of 2009, convicting and sentencing the appellant under section 20 of the narcotic drugs and psychotropic substances act, 1985 (for short act) for four years and to pay fine of `30,000/-, in default of fine further imprisonment for six months with benefit of section .....

Ramesh Lal and Vinod Bhandari Vs. State of Himachal Pradesh

Court : Himachal Pradesh

Reported in : 2007(3)ShimLC34

..... it was held in dharam paul's case supra, by this court that the appellants could not have been held guilty of possession 'commercial quantity' of narcotic drug or psychotropic substance because entry no. 239 of the notification of the central government which says that in case of any mixture or preparation that of with or without ..... under clauses (viia) and (xxiiia) of section 2 of the act fixing upper limit of 'small quantity' and the lower limit of 'commercial quantity' of various narcotic drugs and psychotropic substances, whereby separate limits have been fixed in respect of cannabis resin, i.e. 'charas' or 'hashish' as defined vide sub-clause (a) of clause (iii ..... sessions judge kullu in sessions trial no. 128 of 2003, whereby the appellants were convicted of an offence under section 20 read with section 29 of narcotic drugs and psychotropic substances act, 1985, in short, 'the act', and each of the appellants were sentenced to undergo rigorous imprisonment for a period of 10 years and .....

Rajiv Kumar Alias Guglu Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2008(1)ShimLC168

..... have notified to be opium poppy.7. for appreciation of the argument of the learned counsel, definitions of 'poppy straw' and 'opium poppy' given in the narcotic drugs and psychotropic substances act, 1985, need to be noticed. the same are reproduced here for ready reference:section 2(xviii), 'poppy straw' means all parts (except the ..... phenanthrene alkaloid can be extracted and which the central government may have notified for the purpose of clause (b) of section 2(xvii) of the narcotic drugs and psychotropic substances act, 1985. on further questioning, he admitted that the straw could have been of a plant of papaver species yielding opium or any other ..... investigation and receipt of the report of the chemical examiner, appellant was challaned. he was charged with the offence punishable under section 15(c) of the narcotic drugs and psychotropic substances act, 1985, for possessing commercial quantity of poppy straw. he pleaded not guilty to the charge and was, therefore, ordered to be tried. .....

Sawaran Singh Vs. the State of H.P.

Court : Himachal Pradesh

..... mixture with or without any neutral material of coagulated juice of opium poppy but simply expresses the opinion that the stuff is opium, as defined in the narcotic drugs and psychotropic substances act, such a report is not acceptable and not binding on the court. this implies that the report of the scientific expert has to specifically ..... from which opium or any other phenanthrene alkaloid can be extracted and which the central government may have notified to be the opium poppy for the purposes of the narcotic drugs and psychotropic substances act, 1985. if it is so, the report of the chemical examiner, ext. pw10/ l, that the stuff contains contents of poppy husk, ..... singh has appealed against the judgment dated 11.6.2007 of learned trial court whereby he has been convicted of offences under sections 15 and 18 of the narcotic drugs and psychotropic substances act, 1985 and sentenced to undergo rigorous imprisonment for fourteen years and to pay a fine of rs. 1 lac, in default of payment of .....

Amar Bahadur Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2008CriLJ92

..... appellant against the judgment of the court of learned sessions judge, mandi dated 7-6-2006 vide which the appellant was held guilt under section 20 of the narcotic drugs and psychotropic substances act, 1985, hereafter referred to as the 'act', and was sentenced to undergo rigorous imprisonment for a period of four years and to pay a ..... of cr. p.c. comes across a person being in possession of the narcotic drugs or psychotropic: substances then two aspects will arise. if he happens to be one of these empowered officers under the ndps act also then he must follow thereafter the provisions of the ndps act and continue the investigation as provided thereunder. if on the other hand, he ..... 5018, the apex court held that when the police party on patrol duty suddenly apprehends the accused, there is no need for compliance with section 50 of the ndps act and the mere fact that no independent witness was joined is not fatal to the prosecution.19. thus, from the above decisions, it is very clear that .....

Koji Tateno Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2007(3)ShimLC134

..... examiner, who opined that it contained resin to the extent of 34.08 per cent.3. trial court charged the appellant with an offence under section 20 of the narcotic drugs & psychotropic substances act and on his pleading not guilty, put him on trial. during the course of trial, prosecution examined gurdial singh as pw-1, bhag chand, hhc ..... act, 1985, judgment of trial court, whereby the appellant has been convicted of an offence under section 20(b) of the narcotic drugs & psychotropic substances act and sentenced to undergo rigorous imprisonment for three years and to pay a fine of rs. 25,000/-, has been challenged.2. prosecution ..... sent up for trial for possessing 'charas' and the 'charas', as per definition contained in sub-clause (a) of clause (iii) of section 2 of the narcotic drugs and psychotropic substances act, means resin, in whatever form, whether crude or purified, obtained from cannabis plant and also includes concentrated preparation known as hashish oil or liquid hashish. it .....

Deepak Kumar and anr. and Simone Nobili and anr. Vs. State of H.P.

Court : Himachal Pradesh

..... asi bhim sen, who produced the parcel containing bulk before the additional chief judicial magistrate, with an application for certification, under section 52(a) of the narcotic drugs and psychotropic substances act, also stated that the parcel was marked 'a-3'. however, in the inventory ex. pw-4/b submitted to the additional chief judicial ..... did not say that the parcel containing the bulk, which was produced before him, for the purpose of certification, under section 52(a) of the narcotic drugs and psychotropic substances act, was bearing any mark, leave alone his testifying any specific mark.16. parcel containing the bulk sealed with the seal of additional chief judicial ..... chief judicial magistrate, at the time of certification, per testimony of pw-4 asi bhim sen, for certification, under section 52(a) of the narcotic drugs and psychotropic substances act, it cannot be said with certainty that the stuff, which was deposited with pw-10 mhc nand lal and then produced before the additional .....

Dharam Pal and Vidya Sagar Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2007(2)ShimLC19

..... additional sessions judge (fast track court), shimla whereby the appellants (in both the appeals) have been convicted of an offence under section 20 of the narcotic drugs & psychotropic substances act, hereinafter referred to as act, and sentenced to undergo rigorous imprisonment for ten years and to pay fine of rupees one lakh each; ..... were for possessing mixture form of cannabis, in that situation also the appellants could not have been held guilty of possessing 'commercial quantity' of narcotic drug or psychotropic substance. entry no. 239 of the notification of the central government says that in case of any mixture or preparation that of with or without ..... of the mixture, shall be taken to the 'small quantity' and the lesser of the 'commercial quantity' between the quantities given against the respective narcotic drugs or psychotropic substances mentioned at entries no. 1 to 238 forming part of the mixture shall be taken to be the 'commercial quantity'.11. the stuff recovered .....

Vinod Kumar and anr. Vs. State of H.P.

Court : Himachal Pradesh

Reported in : 2007(1)ShimLC365

..... fine, they shall undergo imprisonment for six months each instead of four years.in the result, the conviction of the appellants-accused for offence under section 20 of the narcotic drugs and psychotropic substances act, 1985, is maintained. however, the sentence of imprisonment in case of default to pay the fine is reduced to six months. the appeal is partly ..... dev darshan sud, j.1. both the appellants were charged with and tried for offence under section 20 of the narcotic drugs and psychotropic substances act, 1985, (hereinafter referred to as the 'act') for conscious and exclusive possession of 'charas', weighing 8 kgs. and 400 grams, which was recovered from their ..... relied on by the learned counsel are from the high court of bombay in mainuddin kasim mulla v. state of maharashtra 1991 drugs cases 391 and rajasthan high court in kutabdeen v. state of rajasthan 2001 drugs cases 532, wherein it has been held that proof of the malkhana register and non-identification of the sample sent for .....

Kamaal Chand Vs. N.C.B.

Court : Himachal Pradesh

Reported in : 2008CriLJ516

..... a couple of treatises. the argument cannot be accepted for the simple reason that the courts are supposed to go by the definition of 'charas' as given in the narcotic drugs and psychotropic substances act. as per definition given in section 2(iii)(a), charas is separated resin, in whatever form, whether crude or purified, obtained from the cannabis plant ..... the testimony of the witnesses examined by the prosecution. it was pointed out that while p.w. 1 o.p. sharma testified that statement, under section 67 of the narcotic drugs and psychotropic substances act, ex. pn, of the appellant was recorded before the search, p.w. 2 o.p. bhatt stated that the said statement was recorded after the ..... p.w. 2 o.p. bhatt. p.w. 1 o.p. sharma is not signatory to the statement ex. pn or the notice under section 67 of the narcotic drugs and psychotropic substances act, which was issued to the appellant before the recording of the aforesaid statement. it appears that either p.w. 1 o.p. sharma did not remember .....