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
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
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 .....
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
..... , 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
S. Barman Roy, J.1. Heard Mr. Nimaichand Singh, learned counsel for the petitioner and Mr. A. Jagatchandra Singh, learned Public Prosecutor.2. This is an application under Section 439 Cr. P.C. for granting bail to accused Shri N. L. Angshung Anal. He has been arrested in connection with Sugnu Police Station Case No. 49(11)/93 under Section 21 of the N.D.P.S. Act on 10-11-1993. He was arrested by the Army authority and from his custody some quantity of heroin powder was recovered and on the following day he was produced before the said police station. The seized heroin was also handed over to the Police. Thereafter the accused was produced before the learned Judicial Magistrate, 1st Class, Thoubal and since then he is in custody.3. Mr. Nimaichand Singh, learned counsel for the petitioner first drew my attention to Section 42 of the N.D.P.S. Act and submitted that except the officers mentioned therein, none has any authority whatsoever under the law to arrest the petitioner or make any ...
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
..... 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
..... 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
..... 69 of the army act for committing a civil offence of being in possession of ganja contrary to section 20(b)(i) of the narcotic drugs & psychotropic substances act (ndps act in short), 1985 and the second head of charge was under section 30(a) of the army act for absenting himself without leave. ..... mr. sarma, learned senior counsel appearing for the petitioner, however, put forward his argument by referring to the provisions of the narcotic drugs and psychotropic substances act, 1985 (for short 'ndps act'), more particularly to sections 36 and 36a of the act. the learned counsel contended that the aforesaid act is enacted by the parliament ..... to cancel the law relating to narcotic drugs to make stringent provision of regulation and operation relating to narcotic drugs and psychotropic substances and deal with such offences by a specially designated court. mr. sarma referring to section 36a contended that .....
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