Judgment Search Results Home > Cases Phrase: narcotic drugs and psychotropic substances act 1985 section 68s information to competent authority Court: supreme court of india Page 4 of about 83 results (0.080 seconds)

Karnail Singh Vs. State of Haryana

Court : Supreme Court of India

Reported in : 108(2009)CLT681(SC); 2009CriLJ4299; JT2009(10)SC360; 2009(5)MPHT123(SC); 2009(II)OLR(SC)628; 2009(10)SCALE255; (2009)8SCC539:2009AIRSCW5265

..... 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 ..... the state government, if he has reason to believe from personal knowledge or information given by any person and taken down in writing that any narcotic drug, or psychotropic substance, in respect of which an offence punishable under chapter iv has been committed or any document or other article which may furnish evidence of ..... 42 also and consequently held as follows:if the officer has reason to believe from personal knowledge or prior information received from any person that any narcotic drug or psychotropic substance (in respect of which an offence has been committed) is kept or concealed in any building, conveyance or enclosed place, it is imperative .....

Kanhaiyalal Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : 2008(1)ALD(Cri)899; 2008(2)ALT(Cri)402; JT2008(1)SC279; RLW2008(2)SC1574; (2008)4SCC668; 2008AIRSCW627; 2008(1)Crimes154; AIR2008SC1044; 2008(4)SCC668; (2008)2SCC(Cri)474; 2008(1)SCALE165

..... altamas kabir, j.1. the appellant herein, along with one phool chand and ram prasad, was accused of offences under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the ndps act') and ultimately charges were framed against them by the special judge under section 8/18 and in the alternative under section 8 ..... from the facts of the said case, it appears that apart from the statement made by naushad under section 67 of the ndps act there was other evidence to indicate that business in narcotic drugs was being transacted from his house. his appeal was therefore rejected. as far as mehaboob was concerned, his statement did not ..... to the prosecution, phool chand was willing to have the bag searched before the gazetted officer. accordingly, shri r.k. sinha, superintendent of the narcotics department, who was present with the raiding/preventive party introduced himself as a competent gazetted officer to phool chand who gave his consent in writing about such .....

Directorate of Revenue and anr. Vs. Mohammed Nisar Holia

Court : Supreme Court of India

Reported in : (2008)2SCC370; 2007AIRSCW7864; 2008(2)SCC370; (2008)1SCC(Cri)415; 2008(1)Crimes119; 2008(2)KCCR1141

..... if that be so, the position must be the following: if the officer has reason to believe from personal knowledge or prior information received from any person that any narcotic drug or psychotropic substance (in respect of which an offence has been committed) is kept or concealed in any building, conveyance or enclosed place, it is imperative that the officer should take ..... that any officer of any of the departments mentioned in section 42 may seize in any public place or in transit any narcotic drug or psychotropic substance, etc. in respect of which he has reason to believe that an offence punishable under the act has been committed. he is also authorised to detain and search ..... s.b. sinha, j.1. interpretation of the provisions of sections 42 and 43 of the narcotic drugs and psychotropic substances act, 1985 (ndps act) calls for our consideration in this appeal which has been filed by the directorate of revenue against the respondent herein aggrieved by and dissatisfied with a judgment and .....

Dilip and anr. Vs. State of M.P.

Court : Supreme Court of India

Reported in : AIR2007SC369; 2007CriLJ880; RLW2007(1)SC630; 2006(12)SCALE331; (2007)1SCC450

..... 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 ..... s.b. sinha, j.1. appellant was prosecuted for commission of an offence under section 8/18 of the narcotic drugs and psychotropic substances act, 1985 ('the ndps act', for short) on the basis of a first information report lodged by one shri s.s. tomar, the officer in-charge of p.s. ..... not arise. if during such search or arrest there is a chance 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. if he happens to be an empowered officer also, then from that stage onwards .....

Myla Venkateswarlu Vs. State of A.P

Court : Supreme Court of India

..... , referred to as a1 and a2 respectively) were convicted for offences punishable under section 8(c) read with section 20(b)(i) of the narcotic drugs and psychotropic substances act, 1985, (for short, the ndps act) and sentenced to undergo rigorous imprisonment for six months each and to pay a fine of rs.5,000/- each. in default of payment of ..... on the basis of the possession of the illicit article, recovered from the person during a search conducted in violation of the provisions of section 50 of the ndps act.the constitution bench noted that in baldev singh, it was clarified that it was not necessary that the information required to be given under section 50should be in ..... the search.6. in state of punjab v. baldev singh[1] the constitution bench of this court was considering the question whether compliance of section 50 of the ndps act was mandatory and if it is so, what is the effect in case of breach thereof. after considering the relevant judgments on the point, the constitution bench drew .....

Hamidhbai Azambhai Malik Vs. State of Gujarat

Court : Supreme Court of India

Reported in : AIR2009SC1378; 2009(57)BLJR809; (2009)1GLR828; JT2009(1)SC452; 2009(1)SCALE570; (2009)3SCC403; 2009(2)LC552(SC):2009AIRSCW814:2009(1)LHSC557

..... empowered officer has the power of seizure of the article etc. and arrest of a person who is found to be in possession of any narcotic drug or psychotropic substance in a public place where such possession appears to him to be unlawful.17. the trial court in those cases had acquitted the accused ..... division bench of the gujarat high court upholding the conviction of the appellant for offence punishable under section 20(b)(ii) of the narcotic drugs and psychotropic substances act, 1985 (in short the 'ndps act'). the learned additional sessions judge, bharuch had found him guilty under the aforesaid provision for having committed the offence under section 8 ..... if during such search or arrest there is a chance 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. if he happens to be an empowered officer also, then from that stage .....

P.U. Abdul Rahiman Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1991SC336; 1991CriLJ430; 1991Supp(2)SCC274

..... of his detention dated 13-2-1989 made under section 3(1) and declaration dated 17-4-1989 made under section 10(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988. the appellant contends that certain important documents relied upon by the detaining authority had not been supplied to him.3. the appellant had filed a review ..... judgment which was numbered as crl. misc. petition no. 68 of 1990, but the same was also dismissed.4. the appellant had been arrested on 4-6-1988 under the narcotic drugs and psychotropic substances act, 1985. on 9-6-1988 he had moved an application before the judicial first class 'magistrate, kasargod for bail. that application was rejected. on 10-6-1988 .....

Basheer @ N.P. Basheer Vs. State of Kerala

Court : Supreme Court of India

Reported in : 2004(1)ALD(Cri)648; 2004CriLJ1418; 2004(92)ECC33; JT2004(2)SC299; 2004(2)KLT39(SC); 2004(2)SCALE415; (2004)3SCC609

..... carried out by the amending act, 9 of 2001, in section 27. a notification was issued on 9th october, 2001, specifying in respect of 239 narcotic drugs and psychotropic substance, as to what would be 'small quantity' and 'commercial quantity'.6. apart from these provisions, the act of 2001 introduced further amendments by substituting ..... into force on 2nd october, 2001, the sentencing structure underwent a drastic change. the act introduced the concept of 'commercial quantity' in relation to narcotic drugs or psychotropic substances by adding clause (viia) in section 2, which defines this term as any quantity greater than a quantity specified by central government by notification in ..... been placed before us for deciding a question of law as to the constitutional validity of the proviso to sub-section 1 of section 41 of the narcotic drugs and psychotropic substances (amendment) act, 2001 (act 9 of 2001).2. although, the facts and other contentions raised in each of these appeals are different, .....

Khet Singh Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : AIR2002SC1450; 2002(1)ALD(Cri)570; 2002CriLJ1832; 2002(2)Crimes33(SC); 2002(80)ECC476; 2002LC1(SC); 2002(142)ELT13(SC); JT2002(3)SC208; RLW2002(3)SC418; 2002(3)SCALE58; (2

..... judgment of the high court of rajasthan challenging the conviction and sentence of the appellant under sections 17 18 & 21 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'ndps act'). appellant had been sentenced to undergo 10 years' rigorous imprisonment and a fine of rs. 1 lakh and in default of ..... was drawn to clause 1.5 of the standing instruction no. 1/88 issued by the narcotics control bureau, new delhi, which is to the following effect :-' place and time for drawal of samplesamples from the narcotic drugs and psychotropic substances seized, must be drawn on the spot of recovery, in duplicate, in the presence ..... serious view and the benefit would be extended to the accused. the offences under ndps act are grave in nature and minimum punishment prescribed under the statute is incarceration for a long period. as the possession of any narcotic drugs or psychotropic substance by itself is made punishable under the act, the seizure of the article .....

Gaunter EdwIn Kircher Vs. State of Goa, Secretariat Panji, Goa

Court : Supreme Court of India

Reported in : AIR1993SC1456; 1993(2)ALT(Cri)103; 1993(2)BLJR909; 1993CriLJ1485; 1993(1)Crimes1183(SC); JT1993(2)SC285; 1993(II)OLR(SC)226; 1993(2)SCALE28; (1993)3SCC145; [1993]2SCR337

..... be in contravention of any provision of the act or any rule of order made or permit issued thereunder; and(c) the said possession of any narcotic drug or psychotropic substance was intended for his personal consumption and, not for sale or distribution.7. the first explanation to this section lays down that the small quantity ..... the provisions of law.section 27 of the act reads thus: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 ..... that the substance in the other piece weighing 7 gms. also contained charas. it has to be borne in mind that the act applies to certain narcotic drugs and psychotropic substances and not to all other kinds of intoxicating substances. in any event in the absence of positive proof that both the pieces recovered from the .....