Court : Gujarat
..... gambling and prohibition incidents and were passing by azad chowk, at about 13.40 hrs. that while going so, they received information that the accused abdulbhai valibhai sipai is keeping narcotic drugs in his possession and selling the same by preparing packets, is wandering near luvana mahajanvadi. thereupon, the complainant called two panchas and prepared the preliminary panchnama. thereafter, after completing necessary ..... sessions case no. 62/2002, whereby, the learned trial judge acquitted the original accused the respondent herein, of the charges for the offence punishable under section 8 and 27 of ndps act. 2. the brief facts of the prosecution case are that the complainant shri a.t. dube, police inspector, savarkundala taluka police station and other staff while on patrolling duty to .....
Tag this Judgment!Court : Gujarat
..... take 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 search ..... of the state government, if he has reason to believe from persons 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 article which may furnish ..... judge, vadodara in n.d.p.s. case no.10/1999 whereby the respondents herein were acquitted of the offences punishable under section 20(b) of the narcotic and psychotropic substances act, 1985 (hereinafter referred to in short as 'the act'). 3. the case in brief and the incident which occurred on 23.09.1999 are .....
Tag this Judgment!Court : Gujarat
..... of 2005, whereby the appellant came to be convicted for the offences punishable under sections 8 read with sections 21(b) and 22(b) of the narcotic drugs psychotropics substance act ("the ndps act" for short) and was sentenced for 10 years rigorous imprisonment and fine of rs.1,00,000 (rupees one lac) and in default, to undergo ..... of sizable quantity of 980 grams charas and the trial court has rightly imposed the sentence, which is within the permissible as provided under section 22 of the ndps act. learned additional public prosecutor therefore, submitted that this is not a fit case where this hon'ble court may interfere in its appellate jurisdiction. on instructions, ..... in facts of this case, similar view is required to be taken. 10. upon consideration of the evidence on record, the appellant was found with the narcotic substance weighing 980 grams. the said substance is less than commercial quantity and more than small quantity. in the facts and circumstances of this case and taking into .....
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..... may be presumed, unless anduntil the contrary is proved, that the accused has committed an offence under this act in respect of - a) any narcotic drug or psychotropic substance or controlled substance; b) any opium poppy, cannabis plant or coca plant growing on any land which he has cultivated; c) any apparatus ..... specially adopted for the manufacture of any narcotic drug or psychotropic substance or controlled substance; or d) any materials which have undergone any process towards the manufacture of a narcotic drug or psychotropic substance or controlled substance, or any residue left of the materials from which any narcotic drug or psychotropic substance or controlled substance has been manufactured ..... the appellant that he procedure was doe in the police station and the same was without following due procedure as envisaged under the provisions of ndps act. the psi lcb, railway, vadodara had applied the seal. that aspect has also been very elaborately discussed by the learned trial judge and .....
Tag this Judgment!Court : Gujarat
..... no.6/1995, whereby respondents nos.1 to 4, original accused, have been acquitted of the charges under sections20(b) and 29 of the narcotic drugs and psychotropic substances act, 1985 ( the ndps act , for short) and under sections 67(a) and 81 of the bombay prohibition act. 2. the case of the prosecution, in brief ..... such search. we have already noticed that severe punishments have been provided under the act for mere possession of illicit drugs and narcotic substances. personal search, more particularly for offences under the ndps act, are critical means of obtaining evidence of possession and it is, therefore, necessary that the safeguards provided in section ..... the forensic science laboratory (fsl) in a sealed condition. the report of the fsl reveals that the substance sent for examination was a narcotic substance as per the ndps act, being ganja. 4. there being sufficient incriminating evidence against the accused, a chargesheet was submitted in the court of learned judicial magistrate, .....
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..... procedure does not authorize a general search on the off-chance that something might be found, in the absence of any credible or reliable information reduced into writing. even the ndps act lays down a procedure of the search and seizure and all provisions of search and seizure as provided under the code of criminal procedure would also be applicable in the ..... (2) scc 370, while dealing with a question of right to privacy as guaranteed under article 21 of the constitution of india vis-avis sections 42 and 43 of the ndps act, 1985, held that it was possible to contend that where a search was required to be made at a public place which was open to the general public, section 42 .....
Tag this Judgment!Court : Gujarat
..... vs state of bihar (air 1981 sc 939), shaheen welfare association vs union of india (air 1996 sc 2957). the party-in-person submitted that even in cases under the ndps act, 1985, right to speedy trial for the accused has been emphasized. on the basis of the above, the party-inperson contended that the different orders passed by him granting bail .....
Tag this Judgment!Court : Gujarat
..... 08/1998 in sessions case no.146 of 1995 acquitting the respondents of the charges relating to offences punishable under sections 8 (c)), 22, 23 and 29 of the narcotic drugs and psychotropic substances act (for short 'ndps'). 2. as per the prosecution case, while ismail aadam mitha (tailor)- respondent no.2 was being interrogated, he disclosed certain information ..... panchnama of search and seizure (exh.22), fir (exh.26) and the evidence of the investigating officer, we find that mandatory requirement of section 50 of the ndps act of informing the right of suspect to be searched in presence of a magistrate or a gazetted officer and an option to him of being searched in presence of ..... or gazetted officer has not been complied with. he was intercepted, searched and contraband was seized. therefore, there is total non-compliance of section 50 of the ndps act which has been held to be mandatory by catena of decisions of the apex court. 8. in light of these facts, it cannot be said that the trial .....
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..... on regular bail in connection with cr no.ii-78 of 2011 registered with city b division police station, jamnagar for the offence punishable under section 20(b) of the ndps act.heard mr.kandarp dholakia, learned counsel for the applicant and mr.k.l. pandya, learned additional public prosecutor for respondent-state.mr.dholakia, learned counsel for the applicant, has contended .....
Tag this Judgment!Court : Gujarat
..... ndps] case no. 2 of 2009.2. therespondent accused came to be tried in the above referred specialcase for the offence punishable under section15[b] of the narcotic drugs and psychotropic substances act [ndpsact] for possessing poppy straw weighing 8 kgs and 300 grams. at theend of the trial, he was convicted for the aforesaid offence and wassentenced ..... considered to becommercial quantity. this contravention is made punishable undersection 15 [b] of the ndps act and the punishment prescribed is rifor a term which may extend to 10 years and with fine which mayextend to rs.1 lac. it is, therefore, submitted ..... , ri for 6months. 3. mr.kartik pandya, ld. app, for the applicant appellant state submitted that considering serial no. 110 of the scheduleattached to the ndps act, so far as poppy straw is concerned, thepossession of the poppy straw upto 1 kg is considered to be smallquantity and the possession of 50 kg and more is .....
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