Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 65 omitted Sorted by: recent Page 1 of about 1,667 results (0.144 seconds)

Arunkumar Rameshchandra Verma Vs. State of Maharashtra

Court : Mumbai

..... is pressed on behalf of the applicant in support of the arguments as to non-compliance of section 42(2) vitiating the trial. this authority is 2009(1) drugs cases (narcotics) 344 [state of rajasthan vs. shanti]. 10. considering the arguments and considering the substantive evidence of these main prosecution witnesses pw-4, pw-5 and pw ..... bail application granting bail under similar circumstances as to search and seizure in a public place and whether there was non-compliance of section 42 of the ndps act. moreover, said bail was granted when almost half the punishment was already undergone by the applicant/accused. it is also brought to the notice of this ..... and seizure is conducted on a prior information received by the officer or the office of the concerned department, there cannot be application of section 43 of ndps act which contemplates the chance recovery. counter to the arguments advanced on behalf of the state, the learned counsel for the applicant placed reliance on the unreported .....

Pappu Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : 2007(3)MPHT40

..... 4-3-1993 passed by the special judge, sagar in special case no. 2/92 whereby the accused/appellant has been convicted under section 8(c)/20(b)(i) of narcotic drugs & psychotropic substances act, 1985 (in short 'the act') and sentenced r.i. for one year and fine of rs. 2,000/- in default of payment of fine to undergo further r ..... from his bajaj priya scooter. thus total 65 grams ganja was seized. the accused was arrested. the fir was recorded wherein the crime no. 57/92 under section 8/20, ndps act was registered against the accused. the seized articles were sent for chemical analysis of fsl, sagar. the report from fsl, sagar confirmed the seized articles to be ganja. after completing .....

Smt. Shyama Bai Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2001CriLJ4088; 2001(3)MPLJ205

..... orderarun mishra, j.1. the appellant stands convicted under section 17 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'ndps act') and she has been sentenced to undergo 10 years' r.i. for allegedly possessing 50 grams of opium on 30-10-1987.2. prosecution alleges that on 30-10- ..... any doubt of the illicit articles under the act and this provision was engrafted having regard to the grave consequential that may entail the possession of illicit articles under the ndps act, namely the shifting of the onus to the accused and the severe punishment to which he becomes liable.where accused himself wanted to be searched before a gazetted officer ..... appearing for the appellant shri p. rusia submits that it is a case where there is total breach of mandatory provisions of section 50 and 52a(2) of the ndps act. her personal search could not be taken by male person. the recovery from the possession of the appellant is not proved. she is an aged woman of nearly 80 .....

Shri Vishal Ramesh Khatwani Vs. State Of Karnataka

Court : Karnataka

..... with regard to the interim disposal of the property. (10) learned trial magistrates/leaned sessions judges are hereby directed to ensure the disposal of the property in respect of narcotic 33 drugs and psychotropic substances as per the directions of the hon ble supreme court in the case of union of india vs. mohanlal and another, reported in (2016) 3 supreme court cases .....

V. Senthil Balaji Vs. The Deputy Director

Court : Supreme Court of India

..... , we may refer to section 45(1)(ii) of pmla, proviso to section 43d(5) of the unlawful activities (prevention) act, 1967 and section 37 of the narcotic drugs and psychotropic substances act, 1985 (for short, ndps act ). the provisions regarding bail in some of such statutes start with a non obstante clause for overriding the provisions of sections 437 to 439 of the crpc ..... 2527. under the statutes like pmla, the minimum sentence is three years, and the maximum is seven years. the minimum sentence is higher when the scheduled offence is under the ndps act. when the trial of the complaint under pmla is likely to prolong beyond reasonable limits, the constitutional courts will have to consider exercising their powers to grant bail. the reason .....

Just Rights For Children Alliance Vs. S. Harish

Court : Supreme Court of India

..... power to the court to impose fine of more than maximum punishment of rs 2,00,000 as also the presumption of guilt emerging from possession of narcotic drugs and psychotropic substances, the extent of burden to prove the foundational facts on the prosecution i.e. proof beyond all reasonable doubt would be more onerous. a ..... in fact, there are several legislations which also contain similar provisions relating to the statutory presumption of culpable mental state, such as section 35 of the narcotic drugs and psychotropic substances act, 1985 (for short, the ndps act ), section 138a of the customs act, 1962 (for short, the customs act ), section 278e of the income tax act, 1961 (for short ..... for the sake of argument that all the material seized during an illegal search may be admissible as relevant evidence in other proceedings, the illicit drug or psychotropic substance seized in an illegal search cannot by criminal appeal nos. 2161-2162 of 2024 page 115 of 199 itself be used as proof of .....

Hanumantha Vs. State Of Karnataka

Court : Karnataka

..... 1872) or the criminal procedure code, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of [narcotic drugs, psychotropic substances, controlled substances or conveyances]. and any list of samples drawn under sub-section (2) and certified by the magistrate, as primary evidence in respect ..... packed, country of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs, psychotropic substances, controlled substances or conveyances in any proceedings under this act and make an application, to any magistrate for the purpose of (a) ..... officer and in such manner as that government may, from time to time, determine after following the procedure hereinafter specified. (2) where any narcotic drugs, psychotropic substances, controlled substances or conveyances]. has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered .....

Mr R Gopal Reddy Vs. Mr. Mohammed Mukaram

Court : Karnataka

..... question registration of a crime in crime no.329 of 2024 for offences punishable under sections 8(c), 22(b), 22(c), 22(a), 27(b), 25, 27 of the narcotic drugs and psychotropic substances act, 1985 ( the act for short) and sections 290 and 294 of the ipc.2. heard sri prabhuling k.navadgi, learned senior counsel appearing for the petitioner and ..... freely distributed in the said premises, police conducted a search, which results in seizure of several narcotic drugs and psychotropic substances. the seizure panchanama included drugs like ganja, mdma pills, cocaine, hydro-ganga and other psychotropic substances. the premises was sealed, most of the persons tested positive towards consumption of drugs. the petitioner is roped in as accused no.6. the reason for the petitioner being .....

Prem Prakash Vs. Union Of India Through The Directorate Of Enforcement

Court : Supreme Court of India

..... to an economic offence, yet it may not be proper to equate these cases with those punishable with death, imprisonment for life, ten years or more like offences under the narcotic drugs and psychotropic substances act, 1985, murder, cases of rape, dacoity, kidnaping for ransom, mass violence, etc. neither is this a case where 100/1000s of depositors have been defrauded. the allegations ..... case-to-case basis. we deem it appropriate to extract para 172 of vijay madanlal choudhary (supra). 172. in other words, there is stark distinction between the scheme of the ndps act dealt with by this court in tofan singh (supra) and that in the provisions of the 2002 act under consideration. thus, it must follow that the authorities under the 2002 .....

Ajay Kumar Gupta Vs. Union Of India

Court : Supreme Court of India

..... (a) would constitute an offence if committed within india; or (b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions required to constitute ..... the submissions. under section 8(c), there is a complete prohibition on possessing and transporting any narcotic drug or psychotropic substance. section 22 of the ndps act reads thus: 22. punishment for contravention in relation to psychotropic substances. whoever, in contravention of any provision of this act or any rule or order made ..... accused no.2. along with other co- accused, he was prosecuted for the offences punishable under the narcotic drugs and psychotropic substances act, 1985 (for short, the ndps act ). the case of the prosecution is that the narcotics control bureau (for short, ncb ) received secret information on 21st december 2013 that a consignment of pentazocine .....