Court : Jharkhand
Reported in : 2007(2)BLJR1562
..... but in the present case no authority was produced by the informant that he was duly authorized to do so.10. in respect of search and seizure of narcotic drugs and psychotropic substance or arrest of an accused under n.d.p.s. act the apex court in sate of punjab v. balbir sing reported in 1994 cr. law ..... government or central government so to do to conduct raid by general or special order or make search and seizure of the psychotropic substance or arrest an accused of the offence under section 22 of the narcotic drugs and psychotropic substance act.9. similarly, section 50 of the n.d.p.s. act is a safeguard to protect the person ..... arise. if during such search or arrest there is a chance (of) recovery of any narcotic drug or psychotropic substance then the police officer, who is not empowered, should inform the empowered officer who should thereafter proceed in accordance with the provisions of the ndps act. it he happens to be an empowered officer also, then from that stage onwards, he .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(1)BLJR361
..... aforesaid.6. learned counsel appearing for the appellant submitted that prosecution has failed to observe mandatory provisions as contained in section 50 of the narcotic drugs and psychotropic substance act as before seizure of any incriminating article from the person of the appellant he was never communicated about his right of being searched ..... person to be searched to the nearest gazetted officer or magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or magistrate, proceed ..... . in the instant case as has been found that mandatory requirement of asking option from the appellant in terms of section 50 of the narcotic drugs and psychotropic substance has not been complied with connection of the appellant cannot be upheld. accordingly, the judgment of conviction dated 18.12.2005 and order .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR2185
..... person to be searched to the nearest gazetted officer or magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or magistrate, ..... submitted that since there is no report of forensic science laboratory to show that the alleged recovered article was a contraband article, i.e. narcotic drugs and psychotropic substances and, therefore, the conviction of the appellant for the said charge was bad in law. he further submitted that though the seizure witnesses ..... assailing the judgment impugned, mr. kashyap, learned counsel appearing for the appellants firstly submitted that there is complete non-compliance of section 50 of narcotic drugs and psychotropic substances act, 1985, which is mandatory in nature and the non-compliance of which makes the conviction and sentenced passed against the appellants to .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR975
..... case which is mandatory. it has been observed in the case reported in 1995 cr. law journal page 2662 (sc) that the provision under section 50 of the ndps act is mandatory. the officer concerned obliged to inform the accused of his right to be searched in presence of the gazetted officer or magistrate. officer concerned has not discharged ..... learned trial court committed error in convicting the appellant without appreciating the evidence on record as well as the mandatory provisions as laid down under section 50 of the ndps act has not been complied with. it is also stated that no copy of the seizure-list was handed-over to the appellant and the prosecution case is false. ..... was submitted under section 47(b) of the excise act. 3. the appellant appeared in the court below and the charge was framed under section 20 of the ndps act which was read over and explained to him to which he pleaded not guilty. witnesses were examined in the trial court. after hearing both sides, the learned trial .....
Tag this Judgment!Court : Jharkhand
Reported in : 2006CriLJ3934
..... in c.e. case no. 459 of 1995, whereby and whereunder the learned special judge convicted the appellant for committing the offence under section 20(b)(i) of the narcotic drugs and psychotropic substance act, 1985 and has sentenced him to undergo r.i. for a period of 3 years and to pay a fine of rs. 2000/- in default to undergo r ..... the excise sub-inspector pavitra mandal though has stated in his cross-examination that there was a notification of the government authorizing him to make search and seizure under the ndps act but no such notification authorizing him to conduct such raid, has been brought on record on behalf of the prosecution. therefore, the prosecution has failed to prove that in fact .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR977; 2001CriLJ3578
..... d.n. prasad, j. 1. this criminal appeal is directed against the judgment of conviction and sentence passed by special judge under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the act'), whereby the learned judge convicted the appellant under section 20 of the act and sentenced him to ..... not the product of cannabis. however, it will come under section 27 of the said act, which deals about punishment for illegal possession in small quantity of any narcotic drug. 11. no doubt, the said heroin was recovered and seized from the possession of the appellant at the relevant time and accordingly, the seizure-list was also prepared ..... test to the forensic science laboratory and it was found to be heroin in the faint brown powder substance. it further appears that no trace of heroin or any psychotropic substance could be detected in the extracts of panama cigarette. the forensic science report was marked as ext. 5. 10. obviously, pws 6 and 7 supported the .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(2)JCR369a(Jhr)]
..... his self-statement nor deposed in his evidence on oath that he had taken down in writing the confidential information received by him that any narcotic drugs and psychotropic substance in respect of which an offence punishable under chapter iv of the said act has been committed or any document or other article ..... , patna for its chemical examination and the report (ext. 1) evidences the fact that the recovered articles from the conscious possession of the appellant is narcotic drugs and psychotropic substances and the report (ext. 1), though by the senior scientific officer of the forensic science laboratory, bihar, patna has been countersigned by the director ..... cum-special judge, dhanbad whereby and whereunder the appellant was found guilty for the offence punishable under section 20(b)(i) and (ii) of the narcotic drugs and psychotropic substance act, 1985 (hereinafter referred to as to said act) and he was convicted and sentenced to under rigorous imprisonment for ten years for the offence .....
Tag this Judgment!Court : Jharkhand
Reported in : 2009(57)BLJR458
..... not possible to take the person to be searched to the nearest gazetted officer or magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or magistrate, proceed to search the person as provided ..... no. 6 of 2008, arising out of patna police station case no. 48 of 2008 dated 06.04.2008, registered for the offence under sections 17 and 22 of the narcotic drugs and psychotropic substances act, 1985 (in short 'n.d.p.s. act'), now pending in the court of learned district & sessions judge, palamau at daltonganj.2. counsel for the petitioner insisted .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR243; 2001CriLJ578
..... by the learned sessions judge-cum-special judge, dhanbad, in g.r. case no. 2950 of 1996, whereby and where-under, he convicted the appellant under section 20 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the n.d.p.s. act') and sentenced him to undergo rigorous imprisonment for four years.2. the prosecution case in brief .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR666(Jhr)]
..... person to be searched to the nearest gazetted officer or magistrate without the possibility of the person to be searched parting with possession of any narcotic drug or psychotropic substance, or controlled substance or article or document, he may, instead of taking such person to the nearest gazetted officer or magistrate, proceed ..... . learned counsel appearing for the appellant submits that the prosecution has failed to observe mandatory provisions as contained in section 50 of the narcotic drugs and psychotropic substance act as before seizure of any incriminating article from the person of the appellant he was never communicated about his right of being ..... after taking into consideration the evidences brought on the record, did find the appellant guilty for an offence under section 20(b)(ii) of narcotic drugs and psychotropic substance act and hence convicted and sentenced him as aforesaid.9. being aggrieved with that the appellant has preferred this appeal before this court.10 .....
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