Court : Mumbai
Reported in : 1991(3)BomCR626; 1991CriLJ1699; 1991(1)MhLj592
..... appellant guilty of the offences. he submitted that not only that the said evidence was weak but also that the statutory formalities prescribed under the narcotic drugs and psychotropic substances act, 1985 were not complied with. he submitted that in the circumstances stated above, the rejection of defence evidence had caused prejudice to ..... the appeal should be dismissed. 7. the conviction awarded by the learned sessions judge for offences punishable under sections 20(b) and 22 of the narcotic drugs and psychotropic substances act, 1985 are obviously wrong on the basis of the plain averments of the prosecution. the prosecution case was that the appellant was found in ..... proved to be guilty of the offences of possession of opium and heroin. we wish to emphasize that hereafter, in every case under the narcotic drugs and psychotropic substances act which is triable in the sessions court or in the court of additional sessions judge, adequate precaution must be taken to ensure that .....
Tag this Judgment!Court : Mumbai
..... passed by the trial court granting bail is per-se illegal and against the spirit of law, which seeks to prevent the offences relating to narcotic drugs or psychotropic substance. taking into consideration the nature and gravity of the offence, severity of punishment, the specific provisions prohibiting granting of bail, in view ..... commit such offence if granted bail. these are the stringent conditions in respect of grant of bail in respect of commercial quantity of the narcotic drugs or psychotropic substance. the trial court granted the bail holding that it was not commercial quantity of opium because the morphine contained in the total substance ..... all preparations containing more than 0.2 8per cent of morphine or containing any diacetylmorphine; "2(xviia) "commercial quantity", in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the central government by notification in the official gazette;" 2(xxiiia) "small quantity", in .....
Tag this Judgment!Court : Mumbai
..... . 2 to 5 of the list of properties annexed to the show-cause notice should not be forfeited under the provisions of section 68-i of the narcotic drugs and psychotropic substances act, 1985. reply was given by the petitioner to the said show-cause notice and after holding inquiry, competent authority was pleased to forfeit the ..... direction for setting aside the order of detention dated 02/09/1994 passed by respondent no.2 under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988. 2. brief facts are as under:- 3. on 02/09/1993, a jeep which was parked at worli, mumbai was seized and ..... in respect of whom an order of detention has been made under the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (46 of 1988), or under the jammu and kashmir prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988: provided that such order of detention has not been revoked on the report of the .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(1)BomCR574; (1989)1991BOMLR35; 1989MhLJ276
..... 1. this is an appeal by the appellant-accused who was convicted by the learned additional sessions judge, thane, in session case no. 605 of 1986 under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the act') and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of rupees one lakh, ..... have got benefit under s. 27 of the act in respect of punishment. in fact, it was never his defence in the trial court that he was carrying narcotic drug or psychotropic substance for his personal consumption. therefore, the argument now advanced by mr. sangani is not available to him. the very fact that four packets were found in ..... the act. section 43 provides that any officer of any of the department mentioned in s. 42 may seize, in any public place or in transit, nay narcotic drug or psychotropic substance and detain and search any person whom he has a reason to believe to have committed an offence punishable under chap. iv of the act. therefore, .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR249
..... view to consolidate and 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, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the international conventions on narcotic drugs and psychotropic substances and for matters connected therewith. sections 1 to ..... n.d. vyas, j.1. both the appeals are directed against the judgement and order passed by the special judge appointed under narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the ndps act) dated 30th september, 1993 in ndps special case no. 370 of 1991. the appellant muhamed in appeal no. 53 of 1994 (being original accused no. 3), appellant rashid in criminal .....
Tag this Judgment!Court : Mumbai
..... produce, manufacture, possess, sell, purchase, transport, import inter-state, export inter- state, import into or export from india or tranship any narcotic drug or psychotropic substance except for medical or scientific purposes and when it is produced, manufactured, possessed, sold, purchased, transported, warehoused, used, consumed, imported ..... sell, purchase, transport, warehouse, use, consume, import inter-state, export inter-state, import into india, export from india or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this act or the rules ..... by the central government by notification in the official gazette and similarly, clause (xxiiia) provides that small quantity, in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the central government by notification in the official gazette. the central government .....
Tag this Judgment!Court : Mumbai Goa
..... the contention of the respondent that the applicant had booked the said dudu on 21/22nd of february, 2010, for possession of commercial quantity of narcotic drugs and psychotropic substances. it is further the contention of the respondents that the applicant was also caught on camera while demanding and accepting cash and valuables from the ..... 3(a)/2011/cbi/acb/goa, for offences punishable under sections 20(b)(ii)(c), 21(b) and 22(c) of the narcotics drugs and psychotropic substance act, 1985, (herein after referred to as the 'ndps act'). it is further the contention of the applicant that he was the investigating officer and the first informant in anti ..... counsel further pointed out that as there was no panchanama drawn to disclose that any of such drugs or psychotropic substances were recovered from the applicant, the question of implicating the applicant in the crimes under the ndps act, would not arise. learned counsel further pointed out that as chargesheet has been filed against the .....
Tag this Judgment!Court : Mumbai
Reported in : 2003BomCR(Cri)1384; 2003(1)MhLj502
..... under:-- 'notification no. s.o. 503 (1c) dated 16th july, 1996. -- in exercise of the power conferred by explanation (1) to section 27 of the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) and in supersession of the notification of the government of india, the ministry of finance department of revenue nos. s. o. 825 ..... in the official gazette, with imprisonment for a term which may extend to one year or with fine or with both; and (b) where the narcotic drug or psychotropic substance possessed or consumed is other than those specified in or under clause (a), with imprisonment for a term which may extend to six months or ..... said act. section 27 of the said act reads as under:-- '27. punishment for illegal possession in small quantity for personal consumption of any narcotic drug or psychotropic substance or consumption of such drug or substance. -- whoever, in contravention of any provision of this act, or any rule or order made or permit issued thereunder, possesses in .....
Tag this Judgment!Court : Mumbai Goa
..... the contention of the respondent that the applicant had booked the said dudu on 21/22nd of february, 2010, for possession of commercial quantity of narcotic drugs and psychotropic substances. it is further the contention of the respondents that the applicant was also caught on camera while demanding and accepting cash and valuables from the ..... 3(a)/2011/cbi/acb/goa, for offences punishable under sections 20(b)(ii)(c), 21(b) and 22(c) of the narcotics drugs and psychotropic substance act, 1985, (herein after referred to as the 'ndps act'). it is further the contention of the applicant that he was the investigating officer and the first informant in anti ..... counsel further pointed out that as there was no panchanama drawn to disclose that any of such drugs or psychotropic substances were recovered from the applicant, the question of implicating the applicant in the crimes under the ndps act, would not arise. learned counsel further pointed out that as chargesheet has been filed against the .....
Tag this Judgment!Court : Mumbai
Reported in : 2003BomCR(Cri)26; 2002CriLJ4502
..... been convicted for offences punishable under provisions of section 21 read with section 8(c) and section 28 read with section 23 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to an 'ndps act' for convenience). the appellant has been sentenced to undergo r.i. for 10 years and to pay fine of rs. 1,00 ..... while giving the evidence before the court and more importantly not telling the truth about the fact that they had a previous information about the narcotic drug or about finding of the narcotic drug. in that context, she has also pointed out that without interrogating the accused-appellant, without opening the said bag, the secret chamber of ..... , katpitia has raised a question in her submission by saying that as to how pw issac and gautam were knowing before interrogating appellant that there would be narcotic drug found in the said bag which, as per the prosecution case, the appellant was possessing, without opening that bag. and again in that case, what was .....
Tag this Judgment!