Court : Mumbai
Reported in : 2003CriLJ1324; 2003(1)MhLj623
..... j. 1. the appellant was tried for possession of 87.500 gms of brown sugar worth rs. 87,500/-, under section 21 of the narcotic drugs and psychotropic substances act (for short, the 'ndps act'). the prosecution case, in brief, is that on prior information which was reduced into writing in the station diary, the police party along with ..... proved by the prosecution. in this respect, learned advocate for the appellant has relied upon the judgment of the apex court in mohd. alam khan v. narcotics control bureau and anr., : 1996crilj2001 wherein it has been held that where ownership and possession of the premises by accused from which contraband articles were seized is ..... before magistrate or gazettedofficer and the accused told that it was not necessary. this again is not sufficientcompliance of the requirement under section 50(1) of the ndps act since itdoes not, in fact, apprise the appellant of his right thereunder. the observationscontained in para 6 of the judgment of the apex court in k. .....
Tag this Judgment!Court : Mumbai
Reported in : (2008)110BOMLR3392; 2009CriLJ446
..... ) of the act and the notification issued by the government specifying the small quantities and commercial quantities also shows that this concept is peculiar to narcotic drugs and psychotropic substances.29. in view of the above legal position and the decision in the case of shreeniwas bansidhar somani (supra), i am inclined to ..... ' means any substance which the central government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any international convention, by notification in the official gazette, declare to be a controlled substance. the ministry of finance ..... of ncb pending before the special judge for ndps cases, thane. the said case is under section 29 r/w. 9a and 25a of the narcotic drugs and psychotropic substances act, 1985.3. the prosecution case briefly stated is that specific information was received that one shahnawaz khan with the help of two persons .....
Tag this Judgment!Court : Karnataka
Reported in : 1998(2)KarLJ31
..... enshrined in articles 21 and 22 of the constitution.2. invoking the jurisdiction of one of such statutes i.e., prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988, the respondent-state in exercise of the powers vesting in it under section 3(1) of the said act, directed the ..... on bail under normal law and the likelihood of your indulging in illicit traffic in narcotic drugs and psychotropic substances as is evident from your past record, to detain you under the provisions of prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (pitndps act), with a view to preventing you from engaging ..... :'from the above facts and materials, the government of karnataka satisfied that you knowingly engaged yourself in illicit traffic in narcotic drugs and psychotropic substances as is evident from your statement and material evidence available on record. considering your role and antecedents, even though prosecution proceedings under the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(1)ALD(Cri)733; 2008(1)ALT(Cri)374
..... 328 of 2001 on the file of the additional sessions judge, nalgonda. 2. the accused were charged for the offence under section 22 of the narcotic drugs and psychotropic substances act, 1985 (for short 'ndps act') for allegedly possessing 25 litres of toddy in a white plastic can on 22-08-1998 at the tft toddy shop belonging to a-2 in ..... learned single judge of this court held that the prosecution failed to establish the offence when there was a doubt whether the drug seized was a narcotic substantive or not within the meaning of section 2(xxiii) of the ndps act.19. in state of haryana v. naresh kumar 1997 cri.l.j. 4702, a learned single judge of punjab and ..... haryana high court held that the possession of diazepam is not prohibited under the rules. diazepam covered by the drugs and cosmetics act possessed by a person having licence does not amount to an offence under section 8 of the ndps act. the facts of the above case are different from the facts of the present case, therefore, the above .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(3)MPHT72(CG)
..... the officer who was not empowered could proceed with the seizure and investigation. if the concerned officer who accidentally or by chance comes across the narcotic drug and psychotropic substance then immediately on finding the same, he has to refer the matter to an empowered officer who shall be obliged to proceed further in ..... detain and search any person whom he has reason to believe to have committed an offence punishable under chapter 4 and if such person has any narcotic drug or psychotropic substance in his possession and such possession appears to him to be unlawful, arrest him and another person in his company.11. in the present ..... or arrest under the provisions of code of criminal procedure, comes across a person being in possession of narcotic drug or the psychotropic substance then he himself would follow from that stage onwards the provisions of the ndps act and continue the investigation as provided thereunder. according to the supreme court if the investigating officer is not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1992(0)MPLJ834
..... , j.) while hearing third bail application of the accused/applicant, arrested in connection with an offence under section 8/18, the narcotic drugs and psychotropic substances act, 1985, for short, the 'act', or ndps act. after hearing counsel, we framed following two questions which arise for our consideration in the facts and circumstances of the case :1 ..... effective legal means for international cooperation in criminal matters for suppressing the international criminal activities of illicit traffic' in narcotic drugs. indeed, the covenant's preamble expresses united nations' serious concern that 'children are used in many parts of the world as an illicit ..... under the act deserve. materials placed before us with the affidavit of deputy narcotics commissioner (enforcement) show that instances are not infrequent of c.b.i.-interpol linkage for tracing the source and also foreign destinations, of drugs; and indeed the traffic route is by now convincingly identified. correspondence filed shows .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC45; 1991CriLJ97; 1990(2)Crimes435(SC); 1990(48)ELT496(SC); JT1990(1)SC503; 1990(1)SCALE509; (1990)2SCC409; [1990]2SCR63; 1990(2)LC373(SC)
..... of the department of revenue intelligence (dri) who have been invested with the powers of an officer-in-charge of a police station under section 53 of narcotic drugs & psychotropic substances act, 1985 (hereinafter called 'the act'), 'police officers' within the meaning of section 25 of the evidence act? if yes, is a confessional statement ..... without any warrant or authorisation, if there is reason to believe from personal knowledge or information given any person and reduced to writing, that any narcotic drug or psychotropic substance inrespect of which such an offence has been committed or any document or other article which may furnish evidence of the commission of such offence ..... section 53, for the purpose of investigation of offences under the act.21. the act was enacted for the control and regulation of operations relating to narcotic drugs and psychotropic substances. under sections 41, 42, 43 or 44 and 49 of the act certain powers of arrest, search and seizure have been conferred on certain .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2002(2)ALD(Cri)298; 2002(81)ECC236; JT2002(4)SC364; 2002(4)SCALE120; (2002)9SCC73; [2002]3SCR385; 2002(2)LC790(SC)
..... 64 cavalry is charged with :-army act committing a civil offence, that is to section 69 say, possessing opium in contravention of section 18 of the narcotic drugs and psychotropic substances act, 1985in that he,at patiala on 28 dec 91 was found in illegal possession of 4 kgs and 900 grams of opium.place: patiala sd ..... 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 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, or controlled substance in respect of which an offence punishable under this act has been committed or any document or other article which may furnish .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC4248; 2005CriLJ4521; [2006(1)JCR121(SC)]; JT2005(8)SC374; (2005)7SCC550; 2005(2)LC1308(SC)
..... the high court of gujarat upholding the conviction of the appellant under the provisions of the narcotic drugs and psychotropic substances act 1985 (hereinafter referred to as 'the ndps act').3. h.k. chauhan, police inspector, c.i.d., crimes, narcotics cell, ahmedabad received information that on 29.9.1999 a person named amarsingh and another ..... is guilty of an offence under section 21 of the ndps act, the punishment could only fall within clause (a) of section 21 as the 'manufactured drug' involved was of 'small quantity'. in our view, this contention is untenable. the amending act of 2001 (the narcotic drugs and psychotropic substances (amendment) act, 2001 (act 9 of 2001 ..... prescribes the punishment inter alia for possession of 'opium' and section 21 deals with the punishment inter alia for possession of 'manufactured drugs'. each one of these terms has been defined in the ndps act. 'opium' is defined in section 2 as:'(xv) 'opium' means-(a) the coagulated juice of the opium poppy; and( .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995(43)BLJR1049; 1995CriLJ2662; 1995(2)Crimes182(SC); 1995(50)ECC117; 1995(78)ELT649(SC); (1995)2GLR1315; JT1995(3)SC489; 1995(2)SCALE576; (1995)3SCC610; [1995]3SCR117; [1
..... the high court of gujarat. the high court upheld the conviction of the appellants for offences punishable under section 20 of the narcotic drugs and psychotropic substances act, 1985 (narcotic drugs & psychotropic substances act) and the punishment imposed on each of them therefor, namely, rigorous imprisonment for a term of ten years and ..... possession of which he fails to account satisfactorily'. having regard to the grave consequences that may entail the possession of illicit articles under the narcotic drugs & psychotropic substances act, namely, the shifting of the onus to the accused and the severe punishment to which he becomes liable, the legislature has ..... ) that judicial and official acts have been regularly performed.' there is no room for such presumption because the possession of illicit articles under the narcotic drugs & psychotropic substances act has to be satisfactorily established before the court. the fact of seizure thereof after a search has to be proved. when evidence .....
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