Court : Guwahati
..... 69 of the army act, 1950 (hereinafter referred to as the army act ), for committing a civil offence, punishable under section 20(b) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the the ndps act ). the specific charge against the rifleman was that he was found in possession of 36 kgs. of ganja on 30.11.1999, at the guwahati ..... nov 99 at 0645 h at guwahati rly station, you were found in possession of 36 kgs of contraband ganja which is a violation of section 20(b) of the narcotic drugs and psychotropic substances act 1985 and army act sec 69. (b) you have also stated to the court that you were forced by some ..... drug peddlers residing in your colony to indulge into drug trafficking but you failed to report the same to the civil police or army/assam rifles authorities. . 5. in his reply dt. 14.5.2003, the rifleman adverted to the .....
Tag this Judgment!Court : Guwahati
..... tried by a court of session. (2) where any proceedings in relation to any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988 are pending before a court of session, then, notwithstanding anything contained in sub-section (1), such proceeding shall be heard ..... be deemed to be a public prosecutor. 36-d. transitional provisions. (1) any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988, which is triable by a special court shall, until a special court is constituted under section 36, notwithstanding anything contained in ..... , kamrup (m), guwahati, arising out of dri case no. 1 of 2004 under section 20 (b) (ii) (c) of the narcotic drugs and psychotropic substance act, 1985 (in short ndps act). during the course of hearing the learned counsel for the accused pointed out that the accused is in judicial custody since last more than 5( .....
Tag this Judgment!Court : Guwahati
..... components are same and identical. the question, therefore, is, according to the learned public prosecutor, whether propoxyphene is a narcotic drug or psychotropic substance? if propoxyphene is not a psychotropic substance, but it is a narcotic drug, then, the prosecution of the accused, under section 22(c), may not be maintainable inasmuch as section 22(c) ..... of the ban imposed by rule 53-a (schedule ii) subject, however, to sub rule (2) of rule 53a, which allows export of a narcotic drug or psychotropic substance under special license(sic). therefore, if amfepramone were to be exported to any country, other than pakistan, oman and turkey, it had to be ..... information, so lodged, cid police station case no. 31/2009 under sections 380/411 ipc read with section 22(c)/29 of the narcotic drugs and psychotropic substances act (in short, 'the ndps act') was registered. the samples were sent to forensic science laboratory (for short, 'the fsl'), which reported that the chemical examination of the .....
Tag this Judgment!Court : Guwahati
..... components are same and identical. the question, therefore, is, according to the learned public prosecutor, whether propoxyphene is a narcotic drug or psychotropic substance? if propoxyphene is not a psychotropic substance, but it is a narcotic drug, then, the prosecution of the accused, under section 22(c), may not be maintainable inasmuch as section 22(c) ..... of the ban imposed by rule 53-a (schedule ii) subject, however, to sub rule (2) of rule 53a, which allows export of a narcotic drug or psychotropic substance under special license(sic). therefore, if amfepramone were to be exported to any country, other than pakistan, oman and turkey, it had to be ..... information, so lodged, cid police station case no. 31/2009 under sections 380/411 ipc read with section 22(c)/29 of the narcotic drugs and psychotropic substances act (in short, 'the ndps act') was registered. the samples were sent to forensic science laboratory (for short, 'the fsl'), which reported that the chemical examination of the .....
Tag this Judgment!Court : Guwahati
Reported in : (2010)116CompLJ1(Gau)
..... the autorickshaw belonged to the accused-appellants and in that view of the matter the accused-appellants cannot be convicted under section 20(b)(ii)(b) of the ndps act and they are entitled to benefit of doubt and get released on acquittal.8. mr. d. das, learned additional public prosecutor, assam, on the other hand ..... registered. after completion of the investigation, the police submitted charge-sheet arid charge was framed against the accused-appellant under section 20(b)(ii)(b) of the ndps act, to which they pleaded not guilty and claimed trial.the prosecution examined in all seven witnesses including the auto rickshaw driver, a scientific officer and the informant ..... case no. 8(k)/01 corresponding gr case no. 3737/2000 arising out of fatasil ambari police station case no. 121/2000 under section 20(b) of the ndps act sentencing the accused-appellants to undergo rigorous imprisonment for 3 (three) years with a fine of rs. 5000/- in default of payment of fine, further rigorous imprisonment .....
Tag this Judgment!Court : Guwahati
..... , casuing the deleterious effects and deadly impact on the society as a whole, parliament in its wisdom, has made effective provisions by introducing the narcotic drugs and psychotropic substances act, 1985 specifying mandatory minimum imprisonment and fine. in the present case the sentence of 10 years' rigorous imprisonment and the fine of ..... vaiphei, j.1. this criminal appeal under section 374(2), 1973 of the code of criminal procedure read with section 36b of the narcotic drugs and psychotropic substances act, 1985 ('ndps act' for short) is directed against the judgment and order dated 16.5.2007 passed by the ld. special judge (ndps), shillong, in ..... to us, are valid even today:the organized activities of the underworld and the clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such goods and substances have led to drug addiction among sizable section of the public, particularly the adolescents and students of both sexes and the .....
Tag this Judgment!Court : Guwahati
..... 'chacha' for safai raj kumar, the petitioner, in my considered opinion, facilitated and intentionally aided the commission of the offence under section 20(b) of the ndps act, 1985 and the petitioner abetted the commission of said offence under section 109 ipc. the abetment may be by instigation, conspiracy or intentional aid as provided in the ..... for a civil offence under section 69 of the act read with section 109 ipc for abetting illegal carriage of 30 kgs of ganja in contravention of the ndps act, 1985 and the summary court martial awarded the impugned punishment taking into consideration the seriousness of the offence and to maintain order and discipline in the force. ..... from the above evidence it has become clear that the main accused safai raj kumar desired to procure some ganja and the petitioner disclosed the source, namely, the drug peddler 'chacha', who was not known to said safai raj kumar, and assured him to contact 'chacha'. the petitioner, as there was no space in his residence .....
Tag this Judgment!Court : Guwahati
..... , passed, in special case no. (1) of 2002, by the learned sessions judge, north lakhimpur, whereby the appellant stands convicted under section 18(a) of the narcotic drugs and psychotropic substances act 1985 (in short, 'the ndps act') and sentenced to suffer rigorous imprisonment for six months and pay fine of rs. 2,000/- and, in default of payment of fine, undergo rigorous imprisonment for ..... articles were opium. the police, then, on completion of investigation, submitted charge-sheet for prosecution of the accused under section 18(a) of the ndps act.4. during the trial, a charge, under section 18(a) of the ndps act, was framed against the accused-appellant, but the accused-appellant pleaded not guilty thereto. in support of their case, prosecution examined as many as .....
Tag this Judgment!Court : Guwahati
..... cursory reading of sections 32-a and 27 clearly shows that except where a person is convicted of an offence under section 27 for having consumed a narcotic drug or a psychotropic substance, the provisions, contained under section 389, cr.p.c., which govern suspension of sentence, are not applicable. viewed thus, it is clear that ..... invoking the provisions of section 389(2), cr.p.c., the sentence passed against a person following his conviction for an offence under the narcotic drugs and psychotropic substances act, 1985 (in short, 'the ndps act')? if the embargo, placed by section 32-a, on the powers of the appellate courts to suspend, by invoking its powers under ..... or exercised by a court in respect of a person, who stood convicted of any offence under the penal provisions of the ndps act except when the punishment was for consumption of narcotic drugs or psychotropic substances or if the convict was a person, whose age was below 18 years.16. what crystallizes from the above discussion .....
Tag this Judgment!Court : Guwahati
..... 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 ..... debnath were tired by the learned special judge (sessions judge), morigaon under section 20(ii)(c) read with section 29 of the narcotic drugs and psychotropic substances act, in short, the ndps act and sentenced both the appellants having found guilty under the charge vide judgment and order dated 16.9.2005 passed in special case no ..... the judgment and order dated 16.9.2005, convicting the accused appellants under section 20(ii)(c)/29 of the ndps act is liable to be set aside and quashed.11. the narcotic drugs and psychotropic substances act is mostly adorned with technicalities, legislature, perhaps taking into consideration of the severity of punishment provided in the .....
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