Court : Supreme Court of India
..... , uk and usa. (iv) in december 1988, two things happened. one was the adoption of a convention by name un convention against illicit traffic in narcotic drugs and psychotropic substances (popularly known as vienna convention). the second was that at about the same time, the basel committee issued a general statement of ethical principles which encourages ..... in brief, this history can be traced as follows: (i) in 1961, united nations convention on narcotic drugs was adopted and it was amended by the protocol of the year 1972. (ii) in 1971, united nations convention on psychotropic substances was made. (iii) in 1974, a bank known as herstatt bank in germany was forced ..... assist them in attaining a similar degree of efficiency even in the absence of full 67 legislative harmony. (vii) as part of united nations office on drugs and crime, a global programme against money laundering (gpml) was established in 1987 to assist member states to comply with un conventions and other instruments that .....
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..... legislative intent 10 behind the proviso to section 127b, which bars certain goods, including those mentioned under section 123 and goods which are prohibited under the narcotic drugs psychotropic substances act, 1985, redundant. importantly, as a consequence of such an interpretation being accepted, the power to prohibit the importation of goods for the maintenance ..... this sub section shall be made in relation to goods to which section 123 applies or to goods in relation to which any offence under the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) has been committed : provided also that no application under this sub section shall be made for the interpretation ..... this sub-section shall be made in relation to goods to which section 123 applies or to goods in relation to which any offence under the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) has been committed: provided also that no application under this sub-section shall be made for the interpretation .....
Tag this Judgment!Court : Supreme Court of India
..... consideration of this court in m. ravindran (supra). in the said case, the appellant was arrested and remanded to judicial custody on 04.08.2018 for offences punishable under the narcotics drugs and psychotropic substances act, 1985. on 01.02.2019, the appellant therein filed an application for bail under section 167(2) on the ground that investigation was not complete and charge ..... section 167(2) of cr.pc. in the case of union of india vs thamisharasi & ors. [(1995) 4 scc190 , which was a case under the narcotic drugs and criminal appeal no.1011 of2023page 42 of 53 psychotropic substances act, 1985, on finding that the investigation was not complete and a chargesheet was not filed within the prescribed period, denial of default bail was .....
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..... 1985 (for short, ndps act ). he was sentenced to undergo rigorous imprisonment for a period of 11 years and to pay a fine of rs.1 lakh. in default of ..... bag containing narcotic substance was found which was seized. the narcotic substance found was 5.067 kilograms of heroin. the trial court convicted the accused no.1 (appellant in criminal appeal no.1185 of 2011) for the offences punishable under section 8(c) read with sections 21(c), 27a, 28 and section 29 of the narcotic drugs and psychotropic substances act, ..... knocked on, it was opened and it was found that all the four accused were present there. when pw 2 questioned whether they were in possession of any narcotic drug, the first accused took out a blue coloured rexine bag which, according to the prosecution, contained packets of a total of 5.067 kilograms of heroin. pw .....
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..... statutory right of default bail under section 167(2) of cr.pc. in the case of union of india vs thamisharasi & ors. 9, which was a case under the narcotic drugs and psychotropic substances act, 1985, on finding that the investigation was not complete and a chargesheet was not filed within the prescribed period, denial of default bail was held to be in .....
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..... the appellant-harbhajan singh was convicted vide judgment dated 18.05.2005 passed by the trial court under section 25 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the ndps act ) and sentenced to undergo imprisonment for a period of 10 years. in appeal, the conviction and sentence of the appellant was ..... for the appellant has relied upon the judgments of this court in balwinder singh v. asstt. commr., customs and central excise1, state by inspector of police, narcotic intelligence bureau, madurai, tamil nadu v. rajangam2, bhola singh v. state of punjab3 and gangadhar alias gangaram v. state of madhya pradesh4.4. on the ..... unless the vehicle is used with the knowledge and consent of the owner thereof, which is sine qua non for applicability of section 25 of the ndps act, conviction thereunder cannot be legally sustained. relevant paragraphs thereof are extracted below: 8. we have considered the arguments advanced by the learned counsel. we see .....
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..... 04.1995, the local police conducted a search and a few jerrycans of acetic anhydride, a controlled substance under section 9a of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the ndps act ), were stated to be located in pakistani territory and in the fields owned by indian civilians adjoining the 2 border, for which ..... .24. it was also submitted that as far as acetic anhydride is concerned, it is neither a narcotic drug nor a psychotropic substance, but only a controlled substance under section 9a of the ndps act, punishable under section 25a of the ndps act.25. summing up, it was submitted by learned counsel for the appellant that there have also been ..... charges was served on the appellant. two charges were under section 46 of the bsf act for civil offence committed in contravention of section 25 of the ndps act and one charge under section 40 of the bsf act. trial against the appellant commenced on 30.10.1995 by convening a general security force court .....
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..... this court, in the case of zahoor ahmad shah watali (supra), has distinguished the words 2 (2019) 5 scc13 (2005) 5 scc2948 not guilty as used in tada, mcoca and ndps act as against the words prima facie in the present act. the court has held that a degree of satisfaction required in a case of not guilty is much stronger than .....
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..... a) of subsection kashmir prevention of illicit traffic (1), exercise the power conferred by in narcotic drugs and psychotropic the said subsection. substances ordinance, 1988 (j&k (3) when any order is made under ordinance 1 of 1988).]. this section by any officer mentioned (2) when ..... which of detention may be made under immediately before the 1st section 3 of the prevention of illicit november, 1956, were comprised in traffic in narcotic drugs and the state of hyderabad, may if psychotropic substances act, 1988 satisfied as provided in sub-clauses or under section 3 of the jammu and (ii) and (iii) of cl. ( ..... the order made by the officer specially empowered in that regard from the time of its issue, runs counter to the scheme of the cofeposa act and the pit ndps act which differs from that of other preventive detention laws, namely, the national security act, 1980, the maintenance of internal security act, 1971, and the preventive detention .....
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..... . a. najeeb14 observed that: 12. even in the case of special legislations like the terrorist and disruptive activities (prevention) act, 1987 or the narcotic drugs and psychotropic substances act, 1985 ( the ndps act ) which too have somewhat rigorous conditions for grant of bail, this court in paramjit singh v. state (nct of delhi), (1999) 9 scc252 ..... [1991]. supp. 3 scr325 (1992) 1 scc2253 the appellant is accused of committing offences punishable under sections 20, 25 and 29 of the narcotic drugs and psychotropic substances act, 1985 (hereafter ndps act ). his application under section 439 read with section 482 of the criminal procedure code (hereafter crpc ), seeking grant of regular bail, before the delhi high ..... decision in this case, are that at the time of his arrest, the appellant was 23 years. he was not found in possession of the narcotic drug; other co-accused were.5. the prosecution alleges that on 28.09.2015, based on secret information received by the police, a raid was .....
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