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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3203; 2000(2)ALD(Cri)804; 2000(3)BLJR2390; 2000CriLJ4619; 2000(4)CTC313; 2000(72)ECC233; (2001)1GLR647; 2000(6)SCALE746; (2000)8SCC437; [2000]Supp3SCR703; 2001(2)U
..... intoxicants clandestinely. reason may be large stake and illegal profit involved. this court, dealing with the contention with regard to punishment under the narcotic drugs & psychotropic substances act, has succinctly observed about the adverse effect of such activities in durand dilier v. chief secretary, union territory of goa : ..... of 1985 specifying mandatory minimum imprisonment and fine.8. to check the menace of dangerous drugs flooding the market, parliament has provided that the person accused of offences under the narcotic drugs & psychotropic substances act should not be released on bail during trial unless the mandatory conditions provided ..... offering for sale, distribution, sale, delivery on any terms whatsoever, brokerage, dispatch, dispatch in transit, transport, importation or exportation of any narcotic drug or any psychotropic substance contrary to the provisions of the 1961 convention, the 1961 convention as amended or the 1971 convention; ii) the cultivation of opium poppy .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC4311; 2004(1)ALD(Cri)19; 2003CriLJ4996; 2003(89)ECC697; JT2003(Suppl2)SC459; 2003(7)SCALE649; (2003)8SCC449
..... the proviso thereto, he shall forthwith send a copy thereof to his immediate official superior. this was the statutory provision at the relevant time. by the narcotic drugs and psychotropic substances (amendment) act, 2001 which came into force on 2nd october, 2001, section 42(2) was amended whereunder the information taken down in writing under ..... knowledge or information given by any person and taken in writing that any person has committed an offence punishable under chapter iv or that any narcotic drug, or psychotropic substance in respect of which any offence punishable under chapter iv has been committed or any document or other article which may furnish evidence of ..... 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2404; 2009(240)ELT321(SC); JT2009(14)SC473; 2009(10)SCALE138; 2009AIRSCW4772:2009AIRSCW4228
..... mandates that no person shall produce, manufacture, possess, sell, purchase, transport, warehouse, use, consume, import inter-state, export inter-state, 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 thereunder and ..... , sale, purchase, transport, etc. of the contraband. chapter vi of the 1985 rules provides for import, export and transshipment of narcotic drugs and psychotropic substances. rule 53 contains general prohibition in terms whereof the import and export out of india of the narcotic drugs and psychotropic substances specified in schedule i appended thereto is prohibited. such prohibition, however, is subject to the other provisions of the .....
Tag this Judgment!Court : Delhi
Reported in : 149(2008)DLT326
..... 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 ..... dated 27.02.1997 delivered by the learned additional sessions judge, delhi (designated court under narcotic drugs and psychotropic substances act, 1985) in sessions case no. 128/95 whereby the appellant has been convicted under section 21 of the ndps act, and sentenced to undergo rigorous imprisonment for 12 years and also to pay a fine of ..... . 6. i shall now consider the submission of the learned counsel for the appellant regarding non-compliance of the provisions of section 50 of ndps act. section 50 of ndps act reads as under:1) when any officer duly authorized under section 42 is about to search any person under the provisions of section 41, .....
Tag this Judgment!Court : Delhi
Reported in : 2000(56)DRJ553
..... from the possession of amar pal singh the aforesaid packet containing 940 gms. heroin which was seized along with the car. statements under section 67 of the narcotic drugs & psychotropic substances act, 1985 (for short 'the act') of amar pal singh and tarvinder singh were recorded. amar pal singh made disclosure statement about his source of ..... thereto and the evidence, if any, which he produces in respect of his claim: provided further that if any such article or thing other than a narcotic drug, psychotropic substance, the opium poppy, coca plant or cannabis plant is liable to speedy and natural decay, or if the court is of opinion that its sale ..... the future 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 .....
Tag this Judgment!Court : Delhi
Reported in : 1992(2)Crimes1178; 48(1992)DLT458; 1992(23)DRJ524; 1993(41)ECC117
usha mehra, j.(1) imam and megh raj have been charged under section 20 and 29 of the narcotic drugs and psychotropic substance act (hereinafter called the ndps act), 1985. they were arrested 'in 31.8.91. allegation of the prosecution is that these two persons were sitting on the railway platform of old delhi railway ..... the code of criminal procedure, 1973, no person, accused of an of fence prescribed therein shall be released on bail unless the condition contained therein were satisfied. the ndps act is a special enactment and will override the general provision contained in cr. p.c. this act was enacted with a size to make stringent provision. we before, ..... case may be. thereforee, on account of legislative mandate given in section 167 proviso (a), the question of considering the conditions or limitations mentioned in section 37 of the ndps act, to my mind, does not arise. the provision of section 167 of the cr. p.c. will govern all proceedings. there is, infact, no justification for taking .....
Tag this Judgment!Court : Delhi
Reported in : 128(2006)DLT304; 2006(88)DRJ200
..... , 1968 passed under section 3(1) of prevention of illicit traffic in narcotic drugs and psychotropic substance act, 1985 (in short pit ndps act). notice dated 11th march, 1993 issued under section 68(h)(1) of narcotic drugs and psychotropic substance act, 1985 (in short ndps act) is also assailed. a restraint on the respondents is also sought from ..... taking any steps pursuant to the detention order and the above notice under section 68(h)(1) of the ndps act. 2. sarika sharma in her petition ..... the petitioners. 7. respondents submit that petitioners themselves got the stay order vacated by the division bench in respect of proceedings under section 68 of ndps act before the competent authority. they fully participated in the proceedings and took their chance therein. in fact, it is urged that petitioners obtained substantial .....
Tag this Judgment!Court : Delhi
Reported in : 63(1996)DLT423; 1996(38)DRJ295
..... case that in the case of the appellant, police had prior information of her being in possession of narcotic drug/psychotropic substance and it is, thereforee, admitted case of the parties that provisions of section 50 of the ndps act should have been complied with before the search of the person was made. in terms of section 50 ..... in the malkhana nor there was any evidence as to where it has gone, and ii) that the provisions of section 50 of narcotic drugs and psychotropic substances act (in short referred to as 'ndps act') were not complied with at the time of search of the appellant. (3) in support of his first contention learned counsel for ..... against ram baran and the present appellant pushpa devi. while ram baran has-been acquitted of the charge under section 20/61/85 of narcotic drugs and psychotropic substances act (hereinafter referred to as 'ndps act), by the court of ms.rekha sharma, additional sessions judge, delhi by her order dated february 27, 1993, the present appellant has .....
Tag this Judgment!Court : Delhi
Reported in : 2003CriLJ2229; 101(2002)DLT286; 2003(66)DRJ477; 2003(85)ECC603
..... .4.2001 and from her search one kg. of heroin was recovered. pursuance to that seizure of one kg. of heroin her statement under section 67 of the narcotic drugs and psychotropic substances act (in short ndps act) was recorded on 30.4.2001. on the basis of her statement her residential premises was also searched where from 2 kgs. of heroin was recovered beside ..... authority on the basis of the facts and material placed before him passed the detention order under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (in short pit-ndps act) against the petitioner on 24.8.2001. the said order was passed by the detaining authority on the basis of material placed before it. the detaining .....
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