Court : Delhi
..... to be higher. 12. in zahid pervez (supra) a show cause notice under section 68h(1) of the narcotic drugs and psychotropic substances act, 1985 (ndps act) on 20.04.1994, based on detention under section 3(1) of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (pitndps act) was in question. the court had to consider if a 12 year old minor ..... aforesaid observations made by this court in shahid parvez (supra), with due respect, appears to be per incuriam. i may refer to the provision contained in section 68j of the ndps act which provides that in any proceedings under this chapter, the burden of proving that any property under section 68h is not illegally acquired property shall be on the person affected .....
Tag this Judgment!Court : Karnataka
..... of police, t.n.), (2004) 5 scc 230. in the said case, the appellant was found guilty under section 8(c) read with section 20(b)(ii) of the narcotic drugs and psychotropic substances act, 1985. one of the contentions that was canvassed was that pw- 8, who lodged the fir had himself conducted the investigation and hence, the entire investigation was vitiated ..... ) (supra) and opined thus: "in the instant case, pw 8 conducted the search and recovered the contraband article and registered the case and the article seized from the appellants was narcotic drug and the counsel for the appellants could not point out any circumstances by which the investigation caused prejudice or was biased against the appellants. pw 8 in his official capacity .....
Tag this Judgment!Court : Karnataka
..... inspector of police, t.n.), (2004) 5 scc230 in the said case, the appellant was found guilty under section 8(c) read with section 20(b)(ii) of the narcotic drugs and psychotropic substances act, 1985. one of the contentions that was canvassed was that pw- 8, who lodged the fir had himself conducted the investigation and hence, the entire investigation was vitiated ..... jayapaul(air2004sc2684 (supra) and opined thus: in the instant case, pw8conducted the search and recovered the contraband article and registered the case and the article seized from the appellants was narcotic drug and the counsel for the appellants could not point out any 32 circumstances by which the investigation caused prejudice or was biased against the appellants. pw8in his official capacity gave .....
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 : Delhi
..... v. competent authority and ors: (2008) 14 scc 186, the supreme court considered the meaning of the expression reason to believein the context of narcotic drugs and psychotropic substances act, 1985. the supreme court referred to its earlier decisions rendered in the context of section 147 of the income tax act, 1961 where ..... community took several initiatives to combat this threat including the following: the united national convention against illicit traffic in narcotic drugs and psychotropic substances called for the confiscation of proceeds of crime related to drugs and further measures for preventing money laundering; in 1989, the basel statement of principles provided the framework of ..... or a complaint has been filed for taking cognizance of an offence by the special court constituted under sub-section (1) of section 36 of the narcotic and psychotropic substances act, 1985 (61 of 1985) (2) the director, or any other officer not below the rank of deputy director, shall, immediately after .....
Tag this Judgment!Court : Supreme Court of India
..... on which the high court thought it proper to reject the writ petition was that a fir has been filed and under section 63 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter for short 'the act') it is the criminal court which should be moved for release of the goods seized under ..... others, methyl ethyl ketone (mek) is one of the raw materials used by the first petitioner in its manufacturing process.2. under the provisions of the narcotic drugs and psychotropic substances (regulation of controlled substances) order, 2013 (hereinafter referred to as 'the regulations') the petitioners had submitted an application in form 'k' for grant ..... is to inform you that you have imported 79.20 mt methyl ethyl ketone into india without a no objection certificate from the narcotics commissioner. this is in violation of narcotic drugs and psychotropic substances (regulation of controlled substances) order, 2013.3. hence no objection certificate for import of 79.20 mt methyl ethyl ketone .....
Tag this Judgment!Court : Punjab and Haryana
..... repelled under the present set of circumstances.16. not only that, it is highly improbable to believe that the police will plant such a huge quantity of narcotic drugs & psychotropic substances on the petitioner, as contrary urged on his behalf. on the other end, no motive could possibly be attributed as to why the police would ..... in all the cases registered on or after 17.11.2009, there is no necessity to conduct pure content test to ascertain the exact quantity of narcotic drugs, psychotropic substances and manufactured drugs. the whole contraband seized shall be considered as such even if it comes within the definition of entry no.239. ii) in the case of ..... issued in s.o.no.1055(e) of the central government. it is absolutely necessary to conduct pure content test to ascertain the exact quantity of the narcotic drug/psychotropic substance contained in the said mixture or preparation. in the absence of pure content test, the whole contraband seized shall not be considered as such. however, .....
Tag this Judgment!Court : Punjab and Haryana
..... hereby repelled under the present set of circumstances.14. moreover, it is highly improbable to believe that the police will plant such a huge quantity of narcotic drugs & psychotropic substances on the petitioner, as contrary urged on his behalf. on the other end, no motive could possibly be attributed as to why the police would ..... in all the cases registered on or after 17.11.2009, there is no necessity to conduct pure content test to ascertain the exact quantity of narcotic drugs, psychotropic substances and manufactured drugs. the whole contraband seized shall be considered as such even if it comes within the definition of entry no.239. ii) in the case of ..... issued in s.o.no.1055(e) of the central government. it is absolutely necessary to conduct pure content test to ascertain the exact quantity of the narcotic drug/psychotropic substance contained in the said mixture or preparation. in the absence of pure content test, the whole contraband seized shall not be considered as such. however .....
Tag this Judgment!Court : Punjab and Haryana
..... leela singh s/o kirpal singh, r/o village kahangarh, police station bareta, district mansa, who has been booked for having committed the offence punishable under section 22 of the narcotic drugs and psychotropic substances act, 1985, (hereinafter to be referred as the 'act') in fir no.69, dated 14.05.2012, registered at police station, lehra, district sangrur.2. learned counsel contends ..... of age and he is not feeling comfortable in the jail.3. on the other hand learned counsel for the state submits that the drugs recovered from the petitioner attracts the provision of commercial quantity, since the drug was containing the salt diphenoxylate and beyond 50 grams of the said salt would attract the provision of commercial quantity and there is bar .....
Tag this Judgment!Court : Chennai
..... mohammed merchant vs. competent authority ( 2008 (14 ) scc186. a perusal of the facts of that case before the apex court would show that it has arisen under the narcotic drugs and psychotropic substances act, 1985 where similar provisions for forfeiture of property is made under section 68-i. similar to section 6(1) of safema, 68 h of the ..... narcotic drugs and psychotropic substances act, 1985 contemplates issuance of notice of forfeiture of the property. the apex court found that relevant provisions of safema and ndps are in pari materia. the ..... the apex court has found that the show cause notices issued therein did not contain any reason so as to satisfy the requirements of section 68h (1) of the ndps act.25. from the perusal of the above decision of the apex court it could be seen that what is required under section 6(1) notice is that the property .....
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