Court : Supreme Court of India
..... . r.r. jain, the then additional judge of the high court of gujarat. at the instance of said judge, mr. sanjiv bhatt and his subordinate officers planted narcotic drugs in a hotel-room at palanpur, gujarat, which was clandestinely shown as occupied by said advocate mr. s.s. rajpurohit. in order to get the property vacated, ..... sessions judge and had ultimately retired under suspension. the national human rights commission has taken a serious note of fabrication of the case by the petitioner under the ndps act and imposed a fine of rs.1 lakh on the government of gujarat as the monetary relief to mr. rajpurohit, advocate. gujarat state vigilance commission had recommended ..... 5 lakh who died due to police atrocities.16. it is further contended that petitioner was involved in infamous case of eviction of tenant after fabricating case under ndps act while he was posted at banaskantha. a complaint was filed by mr. s.s. rajpurohit, advocate practising at pali, state of rajasthan, registered as fir no .....
Tag this Judgment!Court : Supreme Court of India
..... new form of punishment which could similarly empower the courts to impose such punishment and state that the prisoner would not be entitled to remissions. section 32a of the ndps act is also an example in that behalf. what is crucial to note is the specific empowerment under the statute by which a prisoner could be denied early release or ..... judiciary to say that there could be no commutation at all, which would be violative of the concept of separation of powers. reliance was placed on section 32a of ndps act to contend that wherever the parliament intended that there be no remissions in respect of any offence, it has chosen to say so in specific terms.65. in a ..... the guest house, mercifully out of sight of the person for whom it was meant. having thus completed all his preparations he administered a very heavy dose of sleeping drugs to her on 28-5-1991 when the servant couple, on receiving information in the morning regarding a death in their family in a village in andhra pradesh asked .....
Tag this Judgment!Court : Supreme Court of India
..... the code of criminal procedure, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of [narcotic drugs, psychotropic substances, controlled substances or conveyances]. and any list of samples drawn under sub-section (2) and certified by the magistrate, as primary evidence in respect ..... stood finally concluded at the trial, appeal, revision and further appeals, if any, before 29th may, 1989 the continued storage of drugs and narcotic drugs and psychotropic and controlled substances and conveyances is of no consequence not only because of the considerable lapse of time since the conclusion of the ..... constraints of proper storage space or any other relevant considerations, by notification published in the official gazette, specify such narcotic drugs or psychotropic substances or class of narcotic drugs or class of psychotropic substances which shall, as soon as may be after their seizure, be disposed of by such officer and in such .....
Tag this Judgment!Court : Supreme Court of India
..... the applicant an opportunity of being heard, that he (a) is a habitual criminal or a habitual drunkard; or (b) is a habitual addict to any narcotic drug or psychotropic substance within the meaning of the narcotic drugs and psychotropic substances act, 1985; (61 of 1985); or is a person whose licence to drive any motor vehicle has, at any time earlier, been revoked, it may .....
Tag this Judgment!Court : Supreme Court of India
..... the legislature has thought it appropriate, it has provided sentences by providing certain years, such as, offences punishable under sections 376a, 376d and 392 ipc; section 20 of the narcotic drugs and psychotropic substances act, 1985; and when it is not provided for in the ipc in respect of section 302 ipc, the court cannot impose a third category of sentence as that .....
Tag this Judgment!Court : Supreme Court of India
..... . in the first case, the appellants have been in the custody since 4th august, 2013 on the allegation of having committed offence under section 21(c) of the narcotics drugs and psychotropic substances act, 1985 (the ndps act). their bail application, pending trial, has been dismissed. in the second case, the appellant is in custody since 11th january, 2009. he has been convicted by the ..... that liberal adjournments must be avoided and witnesses once produced must be examined on consecutive dates. directions were also issued for setting up of sufficient laboratories, for disposal of seized narcotics drugs and for providing charge-sheets and other documents in electronic form in addition to hard copies of same to avoid delay.14. in akhtari bi (supra) this court observed as .....
Tag this Judgment!Court : Supreme Court of India
..... sentence must be 10 years to fall in the third category of cases. certain examples of such cases are offences punishable under section 21(c) and 22(c) of the narcotic drugs and psychotropic substances act, 1985, which provide a minimum sentence of 10 years and a maximum sentence of 20 years.22. the code was initially enacted in the year 1898. we .....
Tag this Judgment!Court : Supreme Court of India
..... as private. the vigour and vitality of the various expressive freedoms guaranteed by the constitution depends on the existence of a corresponding guarantee of cognitive freedom. 26 narcotic drugs and psychotropic substances act, 1985, s. 42 20 23. even in the ancient and religious texts of india, a well-developed sense of privacy is evident. a ..... the age of 25 years or any woman in any part of the premises in which 107 (2007) 1 scc789108 narcotic drugs and psychotropic substances act, 1985 109 (2008) 2 scc37067 part h liquor or an intoxicating drug is consumed by the public. the provision was also challenged in anuj garg v hotel association of india110 on the ..... that reason alone, disentitled to fourth amendment protection. in florida v jardines270 (2013), the court held that police use of a trained detection dog to sniff for narcotics on the front porch of a private home is a search within the meaning of the fourth amendment to the us constitution, and therefore, without consent, requires .....
Tag this Judgment!Court : Supreme Court of India
..... .218 of 2011 thereby reversing the verdict dated 29.12.2010 of acquittal of the appellant by the trial court from the charge under sections 20 and 29 of the narcotic drugs and psychotropic substances act, 1985 (for short, hereafter referred to as the act ). by the impugned decision, the appellant thus stand convicted under the above provisions of the act and has ..... court in krishan chand2, was seized with the impugnment of the judgment of the territorial high court convicting the appellant under section 30 of the narcotic drugs and psychotropic substances, act, 1985 (for short hereafter referred to as the ndps act ) and sentencing him to undergo rigorous imprisonment for a period of 20 years and to pay fine of rs. 2,00,000/- with default .....
Tag this Judgment!Court : Supreme Court of India
..... of consideration of the matter for anticipatory bail but even after the arrest at the stage of grant of regular bail as well. the provisions of the narcotic drugs and psychotropic substances act, 1985 (for short the ndps act) are, however, distinct in that the restriction under section 37 is at a stage where the matter is considered for grant of regular bail. no such ..... the scales as part of a justificatory balancing exercise. if this were not so, the ubiquity and ugliness argument could be used in relation to murder, rape, car-jacking, housebreaking, drug-smuggling, corruption the list is unfortunately almost endless, and nothing would be left of the presumption of innocence, save, perhaps, for its relic status as a doughty defender of rights .....
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