Court : Supreme Court of India
..... incarceration and inordinate delay engaged the attention of the court, which considered the correct approach towards bail, with respect to several enactments, including 7 crl.a.2787/2024 section 37 ndps act. the court expressed the opinion that section 436a (which requires inter alia the accused to be enlarged on bail if the trial is not concluded within specified periods) of the ..... 436-a of the code would apply to the special acts also in the absence of any specific provision. for example, the rigour as provided under section 37 of the ndps act would not come in the way in such a case as we are dealing with the liberty of a person. we do feel that more the rigour, the quicker the .....
Tag this Judgment!Court : Karnataka
..... possible. therefore, for the determination of small quantity or the commercial quantity with respect to narcotic drugs and psychotropic substance mentioned in column 2 the quantity mentioned in clauses 5 and 6 are required to be taken into consideration. however, in the case of mixture of the narcotic drugs/psychotropic drugs mentioned in column 2 and any mixture or preparation that of with or without the neutral ..... material of any of the drugs mentioned in table, lesser of the small quantity between the quantities given against the respective narcotic drugs or psychotropic substances forming part of mixture and lesser of commercial quantity between the .....
Tag this Judgment!Court : Supreme Court of India
..... act, 1984, the environment (protection) act, 1986, the wild life (protection) act, 1972, the indian penal code, 1860, the code of criminal procedure, 1973, the indian evidence act, 1872, the narcotic drugs & psychotropic substances act, 1985, the negotiable instruments act, 1881, the protection of children from sexual offence act, 2012, the juvenile justices (care & protection of children) act, 2015, the scheduled castes and .....
Tag this Judgment!Court : Supreme Court of India
..... a detenu suffering preventive detention is exercised only in extreme and deserving cases.12. in dadu @ tulsidas v. state of maharashtra6, notwithstanding section 32a of the narcotic drugs and psychotropic substances act, 19857, which prohibits the appellate court from suspending sentence awarded to the convict, this restriction, it is observed, does not affect the power ..... state8, a judgment of the delhi high court authored by one of us (sanjiv khanna), on the power to grant interim bail in cases registered under the ndps act, in addition to the judgments noted, refers to siddharam satlingappa mhetre v. state of maharashtra and others9, which decision leans on the constitutional bench judgment in ..... distinguish release on regular bail during pendency of trial or appeal till final adjudication. applications for interim suspension or bail 6 (2000) 8 scc437 7 for short, the ndps act . 8 2016 scc online del 6662. 9 (2011) 1 scc694 10 (1980) 2 scc565 11 (1986) 3 scc156 crl. appeal a/o slp (crl.) .....
Tag this Judgment!Court : Supreme Court of India
..... some bearing while 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 offence. there .....
Tag this Judgment!Court : Supreme Court of India
..... no.5 of 2003 convicting the appellants for the offences punishable under section 21 read with section 8(c) and section 29 of the narcotic drugs and psychotropic substances act, 1985(hereinafter being referred to as ndps act ) and sentencing them to undergo rigorous imprisonment for ten years and fine of rs. 1 lakh each in default of payment of fine to ..... sample packets a2 and b2 gave positive tests for presence of 8.4% and 7.9% of diacetyl morphine, respectively. thus, the fact regarding the seizure of contraband narcotic drug, i.e., 13 heroin/brown sugar weighing 2 kgs and 30 grams from the possession of anwarkhan(a-1) has been duly established by the prosecution beyond all manner ..... the sequence in which the said statement came to be recorded completely discredits the reliability thereof. anwarkhan(a-1) was apprehended at the bus stand with the packet of narcotic drug at around 4:30 p.m. his signatures had been taken on the panchnama(exhibit-30) prepared at 9:00 p.m. and thus, it does not .....
Tag this Judgment!Court : Supreme Court of India
..... personal knowledge or information given by any person and taken in writing that any person has committed an offence punishable under this act or that any narcotic drug or psychotropic substance or controlled substance in respect of which any offence under this act has been committed or any document or other article which may furnish ..... premises in question took place between sunset and sunrise at 3.00 a.m. this being the position, the proviso to section 42 of the narcotic drugs and psychotropic substances act was applicable and it is admitted that before the entry for effecting search of the building neither any search warrant or authorisation was obtained ..... of 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, or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which may .....
Tag this Judgment!Court : Supreme Court of India
..... under section 42, may, if he has reason to suspect that any animal or conveyance is, or is about to be, used for the transport of any narcotic drug or psychotropic substance [or controlled substance]., in respect of which he suspects that any provision of this act has been, or is being, or is about to be, contravened ..... (b) detain and search any person whom he has reason to believe to have committed an offence punishable under this act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company. explanation. for ..... trial court, convicted the appellants for the offence punishable under section 8(c) read with section 20(b)(ii)(c) of the narcotic drugs and psychotropic substances act, 1985(hereinafter being referred to as the ndps act ) and sentenced each of them to undergo rigorous imprisonment for a period of ten years and to pay a fine of rs.1 .....
Tag this Judgment!Court : Supreme Court of India
..... grounds for believing that the accusation against the accused is prima facie true. the bench also observed that distinction between the words not guilty as used in tada, mcoca and ndps act as against the words prima facie in the uapa as held in watali s case (supra) to state that a degree of satisfaction required in the case of not guilty .....
Tag this Judgment!Court : Supreme Court of India
..... tenancy act (x) chhotanagpur tenancy act (xi) protection of children from sexual offences act (pocso) (xii) prevention of corruption act (xiii) sc & st act (xiv) electricity act (xv) narcotic drugs and psychotropic substances act (ndps act) (2) examination shall be held in two sittings of three hours duration for each paper. viva-voce test (1) there shall be viva-voce test of 40 marks. (2 .....
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