Court : Supreme Court of India
..... section 13 (6) of the 2003 act and requested for scaling down the sentence to 10 years as per section 21 (b) of the narcotics drugs and psychotropic substances act, 1994 (hereinafter, ndps act ). in the same 1 | pa ge representation, he also requested that the sentence that he has already undergone in mauritius may be taken into ..... the repatriation act, 2003. as per the guidelines, in case of adaptation of sentence of a prisoner convicted on the charge of drug trafficking, a reference has to be made to the narcotics control bureau (ncb) to assess the proposed repatriation and the probabilities of the prisoner indulging in similar activity on his release. before ..... supreme court of mauritius is incompatible with indian law.16. reference to indian law in section 13 (6) is not restricted to a particular section in ndps act. incompatibility with indian law is with reference to the enforcement of the sentence imposed by the supreme court of mauritius being contrary to fundamental laws of india. .....
Tag this Judgment!Court : Supreme Court of India
..... b), 21, 22, 27a, 27b, 1 in short ncb page 3 of 12 petition for special leave to appeal (criminal) no.1569 of202128 and 29 of the narcotic drugs and psychotropic substances act, 19852, as the case may be.2. the facts leading to registering of the aforesaid cases against the respondents are that on 22nd march, 2019, ..... the allegations levelled against them of indulging in drug trafficking. it has not been denied by the prosecution that except for the respondent in slp (crl.) no.1569/2021, none of the other respondents were found to be in possession of commercial quantities of psychotropic substances, as contemplated under the ndps act.10. it has been held in clear ..... have been extended to him in view of section 37 of the act when he was found to be in conscious possession of commercial quantity of psychotropic substances, as contemplated under the ndps act. that being the position, the petitioner-ncb succeeds in slp (crl.) no.1569/2021. the bail granted to the respondent-mohmmed afzal [a-2 .....
Tag this Judgment!Court : Karnataka
..... ) in spl.c. no.25/2010 dated 01.06.2011, whereby held conviction for the offence punishable under section 20(b) of narcotic drugs and psychotropic substances act (hereinafter referred to as ndps act ) 1985.2. in this appeal appellant is seeking for consideration of the grounds urged in the appeal memo 3 and consequently to set ..... reason to believe an offence punishable under this act has been committed. but section 50 of ndps act, it is mandatory provision for conditions under which search of persons shall be ..... and arrest without warrant or authorization. section 43 of ndps act, 1985 deals with power of seizure and arrest in public place any officer of any of the departments mentioned in section 42 may (a) seize in any public place or in transit, any narcotic drug or psychotropic substance or controlled substance in respect of which he has .....
Tag this Judgment!Court : Karnataka
..... authorises the central government to invest any officer of the department of central excise, narcotics, customs, revenue intelligence or any other department of the central government .or any class of such officers with the powers of an officer in charge of a police ..... none other and therefore purposely section 53 authorises the central government or the state government, as the case may be, invest any officer of the department of drugs control, revenue or excise or any other department or any class of such officers with the powers of an officer in charge of a police station for the ..... power of entry, search, seizure and arrest without warrant or authorisation to any such officer as mentioned in section 42 including any such officer of the revenue, drugs control, excise, police or any other department of a state government or the central government, as the case may be, and as observed hereinabove, section 53 .....
Tag this Judgment!Court : Supreme Court of India
..... by the prosecution.17. as regards the presumption under sections 29 and 30 of the pocso act, mr. luthra tried to draw an analogy from similar provisions contained in the ndps act and submitted that the presumption and reverse burden of proof on the accused makes it 15 difficult for an accused to prove his innocence. therefore, any interpretation other than the .....
Tag this Judgment!Court : Supreme Court of India
..... considering the prayer for bail in relation to the offences under the 1967 act as well. notably, under the special enactments such as tada, mcoca and the narcotic drugs and psychotropic substances act, 1985, the court is required to record its opinion that there are reasonable grounds for believing that the accused is not guilty of the alleged ..... on the ground of violation of rights conferred by part iii of the constitution of india. he submitted that in the statutes like the narcotics drugs and psychotropic substances act, 1985 (for short the ndps act ), while granting bail, there is a requirement of the court recording a prima facie satisfaction that the accused is not guilty of the ..... to which sub-section (5) of section 43d is applicable. in paragraph 23, this court considered the difference in the language used by section 37 of the ndps act governing grant of bail and sub-section (5) of section 43d of the 1967 act. paragraph 23 of the said decision reads thus:- 23. by virtue of .....
Tag this Judgment!Court : Supreme Court of India
..... directorate of revenue 31 intelligence . in that case, the appellant was arrested and remanded to judicial custody on 4 august 2018, for alleged offences punishable under the narcotic drugs 32 and psychotropic substances act 1985 . after the completion of 180 days from the remand day (31 january 2019), an application for bail was filed on 1 february 2019 ..... under section 167(2) of the crpc before the special court for exclusive trial of cases under the ndps act. after the completion of the arguments of the appellant ..... expiry of the stipulated time-limit for investigation. thus, if the accused applies for bail under section 167(2) crpc read with section 36-a(4), ndps act upon expiry of 180 days or the extended period, as the case may be, the court must release him on bail forthwith without any unnecessary delay after getting .....
Tag this Judgment!Court : Supreme Court of India
..... escape from lawful custody or have defaulted in any way in surrendering themselves at the appropriate time after release on parole on furlough. (11) prisoners convicted of offences under the narcotic drugs and psychotropic substance act, 1985. (emphasis supplied) rule 17 of the rules clarifies the nature of the grant of furlough: nothing in these rules shall be construed as conferring a legal .....
Tag this Judgment!Court : Supreme Court of India
..... -vikas singh has criminal antecedents since: (i) the father of the deceased vikas singh, after being convicted under section 8 read with section 20(b)(ii)(c) of the narcotics drugs and psychotropic substances act 1985 and section 25(1)(1b)(a) of the arms act 1959, 6 crime no 720 of 2020 7 part b has been undergoing rigorous imprisonment for 20 .....
Tag this Judgment!Court : Supreme Court of India
..... special order 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 [..].; (2) where an officer takes down any information in writing under sub- ..... is punishable under sections 21, 27a, 29, 60(3) of the said act. section 8 of the act prohibits a person from possessing any narcotic drug or psychotropic substance. the concept of possession recurs in sections 20 to 22, which provide for punishment for offences 16 under the act. in madan lal and ..... of 2019 registered at police station, ncb, lucknow for alleged offences under sections 8, 21, 27a, 29 of the narcotic drugs and psychotropic 1 substances act 1985 . the high court has allowed an application for bail. 1 ndps act 1 2 the complaint was filed on 16 september 2019 through the intelligence 2 officer at the lucknow zonal unit of .....
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