Court : Supreme Court of India
Reported in : 2008CriLJ3621; 2008(3)KLT400; 2008(II)OLR(SC)393; 2008(10)SCALE383; 2008(2)LC855(SC); 2008AIRSCW4868; 2008CriLJ3621; 2008(3)Crimes122
..... brought on records.14. the relevant provisions of the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 (for short 'safema') and narcotic drugs and psychotropic substances act, 1985 (ndps) are in pari materia.15. contentions were raised that the show cause notice shows complete non-application of mind on the ..... conference at vienna in february, 1971 ; and (d) any other international convention, or protocol or other instrument amending an international convention, relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by india after the commencement of this act.8. section 68a of the act applies to persons specified ..... authority that acquisition of the property by them has nothing to do with the purported income derived by `mirchi' out of illicit trafficking of narcotic, drug and psychotropic substances.on behalf of the appellants, it was furthermore urged:(i) even a perusal of from the order passed by the competent authority, it .....
Tag this Judgment!Court : Delhi
..... argued that there is absolutely no nexus established between the appellants properties and the detenu or his income allegedly derived from his alleged dealings in narcotic drugs and psychotropic substances. it was argued that onus to establish this nexus was upon the respondents which they failed to discharge. 8. as far as first contention ..... contention is concerned, namely, absence of nexus between the appellants property and the detenue or his income allegedly derived from his alleged dealing in narcotic drug and psychotropic substances, the appellant had again relied upon the decision in shahidparvez (supra). we would like to point out that shahid parvez was also the ..... be a forfeiture of the properties only if nexus was established between these properties and the purported illegal earnings of the detenu from dealing in narcotic drugs and psychotropic substances. his submission was that this plea should have been reflected in the show cause notice itself and when it was not there, the .....
Tag this Judgment!Court : Delhi
..... to be higher. 12. in zahid pervez (supra) a show cause notice under section 68h(1) of the narcotic drugs and psychotropic substances act, 1985 (ndps act) on 20.04.1994, based on detention under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (pitndps act) was in question. the court had to consider if a 12 year old minor ..... aforesaid observations made by this court in shahid parvez (supra), with due respect, appears to be per incuriam. i may refer to the provision contained in section 68j of the ndps act which provides that in any proceedings under this chapter, the burden of proving that any property under section 68h is not illegally acquired property shall be on the person affected .....
Tag this Judgment!Court : Delhi
Reported in : 159(2009)DLT559
..... received information on 5.5.2008 from an informer about a group of persons dealing in illicit smuggling of prescription drugs listed in the schedule of the narcotic drugs & psychotropic substances act, 1985 (ndps act). the names of the persons intimated were (i) shri rajesh sharma of shakarpur, delhi (ii) shri diwakar ..... concealment, use or consumption, import inter-state, export inter-state, import into india, export from india or transshipment, of narcotic drugs or psychotropic substances; (iv) dealing in any activities in narcotic drugs or psychotropic substances other than those provided in sub-clauses (i) to (iii); or(v) handling or letting any premises for the ..... on export.-(1) subject to the provisions of sub-rule (2), no person shall export any of the narcotic drug or psychotropic substance or preparation containing any of such narcotic drug or psychotropic substance specified in schedule ii to the countries or to the region of such country specified therein.(2) notwithstanding .....
Tag this Judgment!Court : Delhi
Reported in : 2006CriLJ674; 123(2005)DLT55; 2005(84)DRJ477
..... the central government by notification in the official gazette.'by a notification dated 19th october, 2001 the central government specified the 'small quantity' and 'commercial quantity' of each of the narcotics drugs/psychotropic substances listed therein. in the table appended to the said notification, at entry no. 169, buprenorphine has been specified and the small quantity has been mentioned as 1 gram whereas ..... poppy or any cannabis plant; or(c) produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import interstate, export interstate, import into india, export from india or transship 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 or orders made there under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2378; 1999(2)ALD(Cri)279; 1999CriLJ3672; 1999(65)ECC695; 1999LC545(SC); [1999(81)FLR303]; (1999)3GLR2483; JT1999(4)SC595; (1999)ILLJ254SC; 1999(II)OLR(SC)474; 199
..... of a country. it has the effect of producing a sick society and harmful culture. anti-drug justice is a criminal dimension of social justice. the united nations conventions against illicit trafficking in narcotic drugs & psychotropic substances which was held in vienna, austria in 1988 was perhaps one of the first efforts, ..... at an international level, to tackle the menace of drug trafficking throughout the comity of nations. the government of india has ..... was divergence of opinion between different benches of this court with regard to the ambit and scope of section 50 of narcotic drugs and - psychotropic substances act, 1985 (hereinafter 'ndps act') and in particular with regard to the admissibility of the evidence collected by an investigating officer during search and seizure conducted .....
Tag this Judgment!Court : Gujarat
Reported in : (2005)3GLR2707
..... , rajkot, in n.d.p.s. case no. 104 of 2000 whereby the appellant is convicted of the offence punishable under section 21 of the narcotic drugs and psychotropic substances act, 1985 [the ndps act] and sentenced to suffer r.i. for a period of ten years and a fine of rs. 1 lac, in default, r.i. of ..... of conviction against the appellant came to be recorded under section 21 of the ndps act. it is true that charas which was found from the possession of the appellant is neither psychotropic substance nor manufactured drug and, therefore, provisions of sections 22 & 21 of the ndps act would not be attracted to the facts of the present case. however, there ..... entitled to be acquitted of the offence punishable under section 21 of the ndps act. the learned counsel further contended that substance found from possession of the appellant i.e. charas is neither psychotropic substance within the meaning of section 22 of the act nor manufactured drug within the meaning of section 21 of the act and, therefore, .....
Tag this Judgment!Court : Guwahati
..... components are same and identical. the question, therefore, is, according to the learned public prosecutor, whether propoxyphene is a narcotic drug or psychotropic substance? if propoxyphene is not a psychotropic substance, but it is a narcotic drug, then, the prosecution of the accused, under section 22(c), may not be maintainable inasmuch as section 22(c) ..... of the ban imposed by rule 53-a (schedule ii) subject, however, to sub rule (2) of rule 53a, which allows export of a narcotic drug or psychotropic substance under special license(sic). therefore, if amfepramone were to be exported to any country, other than pakistan, oman and turkey, it had to be ..... information, so lodged, cid police station case no. 31/2009 under sections 380/411 ipc read with section 22(c)/29 of the narcotic drugs and psychotropic substances act (in short, 'the ndps act') was registered. the samples were sent to forensic science laboratory (for short, 'the fsl'), which reported that the chemical examination of the .....
Tag this Judgment!Court : Guwahati
..... components are same and identical. the question, therefore, is, according to the learned public prosecutor, whether propoxyphene is a narcotic drug or psychotropic substance? if propoxyphene is not a psychotropic substance, but it is a narcotic drug, then, the prosecution of the accused, under section 22(c), may not be maintainable inasmuch as section 22(c) ..... of the ban imposed by rule 53-a (schedule ii) subject, however, to sub rule (2) of rule 53a, which allows export of a narcotic drug or psychotropic substance under special license(sic). therefore, if amfepramone were to be exported to any country, other than pakistan, oman and turkey, it had to be ..... information, so lodged, cid police station case no. 31/2009 under sections 380/411 ipc read with section 22(c)/29 of the narcotic drugs and psychotropic substances act (in short, 'the ndps act') was registered. the samples were sent to forensic science laboratory (for short, 'the fsl'), which reported that the chemical examination of the .....
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 .....
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