Court : Supreme Court of India
..... 1,50,000/- [rupees one lakh fifty thousand only]. and in default, to undergo rigorous imprisonment for one year for commission of offence under section 21(c) of the narcotic drugs and psychotropic substances act, 19856. the appeals preferred by the accused were dismissed except for the modification in the order of sentence. both the accused are before this court in these appeals ..... trials under this act, it may be presumed, unless and until 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 designed or any group .....
Tag this Judgment!Court : Supreme Court of India
..... sentenced for life for murder along with rape of a child below 16 years of age charged with or without pocso act 2012.3. persons convicted under narcotic drugs and psychotropic substances act.4. persons involved in cases in which the court expressly declares that the prisoner shall not be granted special remission or amnesty.5. persons ..... . this is the condition of many people serving very long sentences. they may have killed someone (or done something much less serious, such as commit a narcotic drug related offences or be serving a life sentence for other non violent crimes) as young individuals and remain incarcerated 20 or more years later. regardless of the ..... operation. murder of a public servant on duty, murder with robbery and rape of child below 14 years of age.2. gangsters, contract killers, smugglers, drug traffickers awarded life imprisonment for murders.3. convicts whose death sentence has been commuted to life imprisonment by hon ble president of india or hon ble governor. the .....
Tag this Judgment!Court : Supreme Court of India
..... during the course of such search and seizure, then that evidence could not be admitted. though these observations were made in the context of a search and seizure under the narcotic drugs and psychotropic substances act, 1985, they would have relevance generally.31. tested against this backdrop, the manner and method in which the panchnamas and memos were prepared in the case on .....
Tag this Judgment!Court : Supreme Court of India
..... the present appeals, the challenge is to the conviction of the appellants for the offences punishable under section 20(b)(ii)(c) of the narcotic drugs and psychotropic substances act, 1985 (for short, ndps act ). the substantive sentence imposed on the appellants is ten years of rigorous imprisonment. the appellants were directed to pay a fine of rs.1 ..... a magistrate. we have no hesitation in holding that insofar as the obligation of the authorised officer under sub-section (1) of section 50 of the ndps act is concerned, it is mandatory and requires strict compliance. failure to comply with the provision would render the recovery of the illicit article suspect and vitiate the ..... bench of this court in vijaysinh jadeja vs state of gujarat1, it is crystal clear that there was a violation of the safeguard provided by section 50 of the ndps act. in paragraphs 24 and 29 of its decision, the constitution bench held thus: 24. although the constitution bench in baldev singh case [(1999) 6 scc172:1999 .....
Tag this Judgment!Court : Supreme Court of India
..... , transport, manufacture, sale and possession of intoxicating liquor and of intoxicating drugs in the [state of kerala]. the narcotic drugs and psychotropic substances act, 1985 has been brought on the statute books to amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances arguably, both these statutes seek the regulation of similar products, with .....
Tag this Judgment!Court : Supreme Court of India
..... of crime and integrating it with formal financial systems of the countries. the issues were debated threadbare in the united nation convention against illicit traffic in narcotic drugs and psychotropic substances, basle statement of principles enunciated in 1989, the fatf established at the summit of seven major industrial nations held in paris from 14th to 16th ..... of the same act otiose. section 53a of the ndps act is about relevancy of statement made under certain circumstances. realising the conflicting position emerging in the two provisions, the issue came to be answered. (emphasis ..... permitted to file a closure report before the special court in that regard. in that decision, while analysing the provisions of the section 67 of the ndps act, the court noted that the statement recorded under section 67 of that act was to be held as inadmissible in all situations. that renders section 53a .....
Tag this Judgment!Court : Karnataka
..... 2nd floor4h cross, kaverinagar bengaluru - 560 032. ... petitioner (by sri hashmath pasha, senior advocate a/w., sri kariappa n. a., advocate) and: union of india narcotic control bureau bengaluru zonal unit through its intelligence officer bengaluru 562 149. (represented by learned special public prosecutor high court of karnataka bangalore ) ... respondent (by sri narasimhan s ..... was housed in the jail.8. investigation continued and the respondent/ncb arrested accused no.3 one vaibhav gupta who is said to be the customer of drugs that were supplied by the petitioner and accused no.1. this arrest happens after five months of arrest of the petitioner. statements of vaibhav gupta were ..... is only an interrogation with regard to the relationship between the petitioner and accused no.3, as accused no.3 has voluntarily admitted that he has consumed drugs supplied by the petitioner at least on 100 occasions. it is, therefore, to link with regard to the custody of funds, the statements are recorded .....
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 ..... findings as the restrictions on the court while examining the question of bail under the 1967 act is less stringent in comparison to the provisions of section 37 of the narcotic drugs and psychotropic substances act, 1985. we are not called upon, for granting a bail to an accused with commercial quantity of contraband article under the 1985 act, to satisfy ourselves that .....
Tag this Judgment!Court : Supreme Court of India
..... storage space or any other relevant consideration, in respect of any narcotic drugs, psychotropic substances, controlled substances or conveyances, by notification in the official gazette, specify such narcotic drugs, psychotropic substances, controlled substances or conveyance or class of narcotic drugs, class of psychotropic substances, class of controlled substances or conveyances, which shall, as ..... 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 ..... 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 .....
Tag this Judgment!Court : Supreme Court of India
..... which the application for bail filed by the appellant has been rejected. the appellant has been charged for alleged commission of offences under section 20(b)(ii)(c) of the narcotic drugs and psychotropic substances act, 1985. the appellant has been in custody for two years and 11 months. the impugned order is the order passed in the second bail application. the earlier .....
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