Court : Rajasthan
Reported in : 2002WLC(Raj)UC182; 2001(4)WLN143
..... is quoted here:'no. f.1(3) fd/ex/85-1 dated 16.10.1986s.o. 115 - in exercise of the powers conferred by section 42 of the narcotic drugs and psychotrophic substances act, 1985 (act no. 61 of 1985) the state government hereby authorise all inspectors of police, and sub inspectors of police, posted as station house ..... chittorgarh in sessions cases no. 100/97 by which he convicted both the accused appellants for the offence under section 8/18 of the narcotic drugs and psychotrophic substances act, 1985 (hereinafter referred to as the ndps act') and sentenced each of them to undergo ten years' ri and to pay fine of rs. one lac, in default of payment ..... above holding inter-alia that the prosecution has proved its case beyond reasonable doubt against both the accused appellants for the offence under section 8/18 of the ndps act.aggrieved from the said judgment and order dated 12.5.2000 passed by the learned special judge, ndps cases, chittorgarh, both the accused appellants have preferred appeals .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(5)WLC134; 2002(1)WLN313
..... sessions case no. 241/94 & 242/94 by which he convicted both the accused appellants for the offence under section 8/18 of the narcotic drugs and psycholrophic substances act, 1985 (hereinafter referred to as the 'ndps act') and sentenced each of them to undergo ten years rigorous imprisonment and to pay fine of rs. one lac, in default of payment ..... /85 dated 14.11.1985 s.o. 822 (e) in exercise of the powers conferred by sub-section cd of section 42 or the section 67 of the narcotic drugs and psychotrophic substances act, 1985 (61 of 1985), the central government hereby empowers the officers of and above the rank of sub-inspector in the department of ..... have been mentioned above, are concerned, the learned special judge, ndps cases has come to the conclusion that they comply with the mandatory provisions of section 50 of the ndps act and in my opinion, by doing so, the learned special judge, ndps cases has not committed any illegality and his findings in this respect are liable to be confirmed .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ1370
..... , jodhpur in sessions case no. 38/98 by which he convicted the accused appellant for the offence under section 8/18 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the ndps act') and sentenced him to undergo ten years' rigorous imprisonment and to pay a fine of rs. one lac, in default of payment ..... this requirement is mandatory and non-compliance of this mandatory requirement vitiates the entire trial.4. that compliance of mandatory provisions of section 50 of the ndps act has also not been made in the present case therefore, the whole trial stands vitiated and the accused appellant is entitled to acquittal on this ground alone ..... non-compliance of these provisions would have the effect of vitiating the entire trial.21. since in the present case, mandatory provisions of section 50 of the ndps act have not been complied with in its letter and spirit by the prosecution, therefore, the whole proceedings stand vitiated and on this ground alone, the accused .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001CriLJ4867
..... 94)/92/97. by which he acquitted other co-accused subhash of the charge for the offence under section 8/18 of the narcotic drugs and psychotropic substances act. 1985 (hereinafter referred to as the ndps act.), but convicted the present accused appellant for the said offence and sentenced him to undergo ten years' rigorous imprisonment and to pay fine ..... co-accused subhash of the charge framed against him, but convicted the present accused appellant of the charge for the offence under section 8/18 of the ndps act and sentenced him in the manner as indicated above holding inter alia: --1. that samples and seized contraband opium from the accused appellant remained in good ..... and safeguard the interests of the innocent persons. it also provides a protection to the law enforcing agency.11. the provisions of section 50 of the ndps act have been made with the intention to act as a safeguard against the vexatious and unfair dealings. the provisions have also been incorporated in order to protect .....
Tag this Judgment!Court : Chennai
Reported in : 2005(1)CTC516; 2005(101)ECC659
..... grant bail by the court concerned more stringent than in ordinary course under the provisions of the code of criminal procedure, but section- 37 of the narcotic drugs and psychotropic substances act, 1985 does not rule out the imminent possibility of granting bail altogether.5.3. for the reasons aforesaid, the second contention of the ..... thai there is imminent possibility of the detenu coming out on bail, suffers from non-application of mind, it is apt to extract section 37 of the narcotic drugs and psychotropic substances act, 1985, which reads as follows:'section 37. offences to be cognizable and non-bailable. -(1) notwithstanding anything contained in the code of criminal ..... , a case was registered in crime no. 275 of 2004 under section 8(c) read with section 20(b)(ii)(a) of the tamil nadu narcotic drugs and psychotropic substances act, 1985, and the detenu was remanded to judicial custody.2. the detaining authority also referred to 6 adverse cases registered against the detenu in .....
Tag this Judgment!Court : Mumbai
Reported in : 1998BomCR(Cri)336; (1998)1BOMLR377; 1998CriLJ136; 1998(1)MhLj25
s.p. kulkarni, j.1. in its legislative appearance, since 1989, s. 32-a of the narcotic drugs & psychotropic substances act found it difficult to overcome its vulnerability in the courts of law and it often allowed legal battles to be fought over the subject of ascertaining its ..... such person again associating with the contraband activities in further dealing in the contraband things must have been considered to be a result frustrating the already stringent provisions of the ndps act. from this point of view, the release of a person who is accused of an offence, appears to be the anxiety of the legislature in making stringent provisions by ..... not constituted, but the sessions court in the area already functioned and the sessions court being authorised to take cognizance of an offence and to try the cases under the ndps act, and in the meantime, if the special court comes to be constituted, the case the hearing of which already begins before the sessions court, need not be transferred. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003BomCR(Cri)1309; 2003(3)MhLj954
..... necessary for giving evidenceand/or producing the documents in respect of an inquirymade by him (investigating officer ncb) in connectionwith the alleged dealing in possession of narcotic drugsand psychotropic substance in the seizure etc. thelearned single judge came to the conclusion that thesummons which had been issued in itself infringedarticle 20(3) of the ..... recorded the statements of theco-accused who were found there. the co-accusedrevealed the name of the respondent/accused as theperson who arranged for the said drugs. thereafter therespondent-accused was summoned and his statement wasrecorded. the statement of the respondent-accusedcannot be said to be recorded after he was made accusedbut the ..... -a of the sea customs act 1878.18. in the present case on 19.6.2000information was received by the dri officers that alarge quantity of drugs i.e. mandrix tablets werestored at a particular place at juhu. pursuant to thesaid information, the dri officers had gone to the saidplace in juhu .....
Tag this Judgment!Court : Mumbai
Reported in : 2001BomCR(Cri)517; (2001)2BOMLR752; 2001CriLJ4844
..... under chapter iv (irrespective whether his presence was/was not part of information received). section 43 (i) no previous information at all; (ii) narcotic drug/psychotropic substance, which can be believed to be related to offence under chapter iv; any animal or conveyance or article liable to confiscation; any document or ..... or individual being found is implied in clause 'in respect of which an office punishable under chapter iv has been committed', used suffixing information regarding narcotic drug/ psychotropic substance. therefore, it can be said that clause (d) covers an individual/person found present during the raid, although such probability might not ..... ordinary course, this phrase indicates that the authorised officer is required to form certain belief, on the basis of material before wim, which may include narcotic drug, psychotropic substance, document or other article, animal or conveyance as also an individual. when we see the portion immediately suffixing the use of phrase 'he .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)MhLj123
..... there is sufficient evidence on record to show that methaqualone powder and tablets were found from the appellant's factory. moreover it is important to note that normally the narcotics drug called heroin is of brown colour whereas in this case the powder seized was of off white colour as per the seizure panchanama and the deposition of the witnesses ..... to accused no. 2 the officers intercepted him and accused no. 2. he further deposes that when the officers intercepted accused no. 1 the polythene packet containing the narcotic drug was in the hand of accused no. 1 and he was on the way to hand over the same to accused no. 2. the officers then took custody of ..... by the special judge in ndps special case no. 107 of 1994. in all four accused were prosecuted for the offences of possession and conspiracy in respect of the narcotic drugs which were seized from the accused. criminal appeal no. 376 of 1996 is filed by original accused no. 1 against the order of his conviction and sentence recorded .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR2127
..... act 2001, the sentence structure underwent a drastic change. the amending act for the first time 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 the central government by notification ..... offence under section 8(c) punishable under section 23 read with section 28, and for the offence punishable under section 29 of the narcotic drugs and psychotropic substances act (hereinafter referred to as 'ndps act'). under each head, the appellant has been sentenced to ri for ten years and fine of rs. 1 lakh in default ri ..... one or more neutral substance's for the purpose of imposition of punishment, it is the content of the narcotic drug or psychotropic substance which shall be taken into consideration. in the present case, the narcotic drug which was found in possession of the appellant as per the analyst's report is 60 gms. which is .....
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