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 .....
Tag this Judgment!Court : Chennai
..... or granting bail are passed, the court should avoid expressing one way or the other on contentious issues, except in cases such as those falling within section 37 of the narcotic drugs and psychotropic substances act, 1985. 43(viii). a division bench of patna high court in the decision reported in 2001 cri. l.j. 2811 (dr.ghanshyam narayan singh v. state of .....
Tag this Judgment!Court : Chennai Madurai
..... ec and ndps act cases, pudukkottai. he stood charged for the offence under section 302 ipc (2 counts). by judgment dated 27.04.2015, the trial court convicted the appellant/accused under section 302 ..... .p.c. against the judgment, dated 27.04.2015, made in s.c.no.120 of 2013, by the learned additional district and sessions cum special judge for ec and ndps act cases, pudukkottai.) 1. the appellant is the sole accused in s.c.no.120 of 2013 on the file of the learned additional district and sessions cum special judge for .....
Tag this Judgment!Court : Chennai
..... card and introduced himself with the accused. when he examined the accused, the accused gave his name and address. he informed to the accused that under the ndps act, the accused had a right to demand search in the presence of judicial magistrate or gazetted officer, for which, the accused told that not necessary, the sub ..... central railway station, chennai. the seizure and recovery proceedings had not been done in the presence of the independent witness and violated the provision of section 50 of ndps act, which is mandatory. further, he would submit that there are certain contradictions between the witnesses and the evidence of the witnesses about the number of rexine bags ..... of police asked the accused, whether he had to be searched in the presence of judicial magistrate or gazetted officer, as the accused had a right under ndps act. the accused told that not necessary and the sub inspector, himself can conduct the search. the same was reduced into writing and the signatures of the accused .....
Tag this Judgment!Court : Chennai Madurai
..... driving licence 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 ; or (c) is using or has used a motor vehicle in the commission of a cognizable offence ; or (d) has by his previous .....
Tag this Judgment!Court : Chennai Madurai
..... driving licence 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; or (c)is using or has used a motor vehicle in the commission of a cognizable offence; or (d)has by his previous .....
Tag this Judgment!Court : Chennai
..... for the appellant, since the packets were not sealed, there is a chance for tampering with the same. in my considered opinion, unlike some special acts, like ndps act, prevention of food adulteration act, drugs and cosmetics act, etc., the explosives substances act does not contemplate putting seal on the cover/packets in which the explosive substances are kept. further, as contended by .....
Tag this Judgment!Court : Chennai
..... may do well by forwarding the samples taken from the remaining contrabands in the custody of the courts for purity test to estimate the percentage of narcotic drug/psychotropic substance in the mixture or preparation. in pending criminal appeals, the report of purity test may be received as additional evidence under section 391 of ..... in case of a mixture or preparation with or without a neutral substance, the entire quantity of mixture/preparation shall be decisive as to whether the narcotic drug/psychotropic substance is a small quantity or commercial quantity. as held in harijit singh's case, cited supra, the said notification is only prospective in its ..... michael raj's case, purity tests were not conducted and as a result, there is likelihood of the accused, involved in crimes involving commercial quantities of narcotic drug/psychotropic substance, to escape with minimum punishments. in our considered opinion, the said apprehension is real. but, the law is not helpless. even after filing .....
Tag this Judgment!Court : Chennai Madurai
..... regard to the contention of the petitioner that alprazolam has been deleted by virtue of the amendment dated 26.2.2003 from the schedule appended to narcotic drugs and psychotropic substances rules as amended in 2003 and consequently n.d.p.s act cannot be invoked against the petitioner is concerned, one has to consider ..... for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees. section 2 (viia) of the ndps act, 1985 reads as follows: commercial quantity , in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the central government by notification in the official gazette. the schedule to ..... dated 9.6.1988 alprazolam was deleted from the schedule (1) of the narcotic drugs and psychotropic substances rules 1985 and alprazolam is not included in the schedule-i appended to the ndps act 1985 and section 8 ( c ) and 37 of the ndps act, would not be applicable to this case. 7. the learned counsel appearing for .....
Tag this Judgment!Court : Chennai Madurai
..... certain bad elements with criminal background working in the tamil nadu police force are foisting cases against innocent people by invoking the provisions of narcotic drugs and psychotropic substances act for blackmailing and to extract money and the plight of the common man who is made to suffer on account of such ..... 2. the respondents 4 and 5 registered a false case against the petitioner and two others under the provisions of the narcotic drugs and psychotropic substances act [hereinafter referred to as 'the ndps act']. the petitioner was in jail for a period of 229 days, besides one day police custody. the investigation was transferred ..... said final report filed by crime branch criminal investigation department, the hon'ble sessions court acquitted the petitioner's from crime no.10/2006 of narcotic intelligence bureau, criminal investigation department, thoothukudi unit." 17. there is no dispute that the government have suspended the police officers and initiated disciplinary proceedings .....
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