Court : Punjab and Haryana
..... . challan was presented on 22.09.2015 without receiving the chemical examiner's report and it cannot therefore be said as to whether the alleged recovery is of narcotic drugs, which falls under the ndps act or not. the indefeasible right has accrued to the petitioner on expiry of period of 180 days. the purpose of filing incomplete challan is just to frustrate the ..... 439 of the code of criminal procedure for grant of regular bail to the petitioner in case fir no. 50 dated 25.03.2015 registered under section 22 of the ndps act at police station ladowal, district ludhiana city. 2. learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case and just to frustrate his statutory .....
Tag this Judgment!Court : Punjab and Haryana
..... shri niwas as pw2 and ram kumar, her father, as pw3. pw4 hc surjit singh simply produced the copy of fir against the husband whereby he was booked under the narcotic drugs and psychotropic substances act. no evidence was, however, led by the respondent and he did not bother to step into the witness box even himself and, therefore, the court proceeded further ..... still did not appear and, therefore, the petition was withdrawn by the appellant. the appellant then came to know that the respondent was a drug addict and had been booked in a case under the narcotic drugs and psychotropic substances act by the police of police station sultanpur lodhi. 8. the respondent admitting the marriage denied that the parties lived as man and wife .....
Tag this Judgment!Court : Punjab and Haryana
..... . (now chattisgarh) 2015(1) rcr (criminal) 251had an occasion to adjudicate criminal appeal of an accused convicted under section 20(b)(ii) (b) of the narcotic drugs and psychotropic substances act, 1985, wherein the accused was found carrying cannabis (ganja) and on search conducted within the statutory provisions, the contraband to the extent of 500 grams was ..... with fine of l 5,000/- in a case registered i.e. fir no.77 dated 25.2.2010, under section 20 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter called the 'ndps act'), police station 11, chandigarh. 3. as per fir, si rakesh kumar along with other police officials was on patrolling duty on 25.2 ..... has submitted that the sentence as awarded by the trial court is not in consonance to the offence committed by the accused. for the recovered quantity of narcotic drugs, the respondent-accused was required to be sentenced for a longer period. 12. perusal of the judgment shows that in the case in hand, the respondent .....
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..... ) was carried out. the learned trial court, after considering the evidence and material on record, has convicted the applicant-appellant no.1 for the offence under section 21 ndps act and sentenced him to undergo rigorous imprisonment for 11 years, besides, pay a fine of rs. 1.5 lacs and in default thereof, to undergo further rigorous imprisonment ..... 138 of the negotiable instruments act on the basis of compromise. besides, he has been discharged in one case. he is not involved in any other case of ndps act. the case would require consideration at the time of final hearing of the appeal. the applicant-appellant no.1 has undergone more than half the sentence of imprisonment ..... . 10. keeping in view the period of imprisonment undergone by the applicant-appellant no.1, the fact that he is not involved in any other case under the ndps act, besides, the fact that he has not misused the concession of parole when granted, in the facts and circumstances it would be just and expedient to suspend his .....
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..... assailing order dated 27.03.2015 passed by judge, special court, tarn taran, whereby application for extension of time under section 36-a of narcotic drugs and psychotropic substances act, 1985 (for short 'ndps act') beyond 180 days has been allowed and consequently bail in terms of section 167(2) cr.p.c. has been declined to the petitioner( ..... s). 3. brief facts of the case are that fir no.370 dated 30.09.2014 under section 21/29/61/85 ndps act, 1985 was ..... must indicate application of mind in respect of progress of investigation. on this premise, learned counsel relies upon sanjay kumar kedia @ sanjay kedia v. intelligence officer, narcotic control bureau and another, 2010(1) rcr (criminal) 942, wherein the hon'ble supreme court held that stringent conditions are to be complied with before granting extension .....
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..... income to maintain the minor child. it is also case of the appellant that mariam was convicted in fir no. 88 dated 25.11.1998 under section 21 of the narcotic drugs and psychotropic substances act, 1985, pertaining to police station grp kurukshetra, and was sentenced to ri for a period of ten years and fine of l one lakh. with these allegations ..... that she has already executed fdr in favour of her minor child and also nominated her in her insurance policy. though it was alleged that mariam was convicted in an ndps act case yet during the course of arguments it was admitted by learned counsel for the appellant that she was acquitted by this high court. even mariam has said so when .....
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..... . 1. the present appeals are directed against an order dated 02.07.2010 passed by learned judge, special court, ferozepur convicting the appellants for an offence under section 18 of narcotic drugs and psychotropic substances act, 1985 (for short `the act') and sentencing them to undergo imprisonment for 12 years each and to pay a fine of rs. 1,00,000/- each. 2 .....
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..... 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 ..... 4.2005 passed by the judge, special court, kapurthala, whereby the appellant-accused has been convicted under section 18 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as l the ndps act') and sentenced to undergo rigorous imprisonment for a period of five years and to pay a fine of rs. 30,000 ..... or authorisation.- (1) any such officer (being an officer superior in rank to a peon, sepoy of constable) of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government including paramilitary forces or armed forces as is empowered in this behalf by general or special .....
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t.p.s.mann, j.(oral) 1. the appellant was tried for an offence under section 15 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the ndps act') for being found in possession of 5 kgs. of poppy husk. vide judgment and order dated 27.11.2003, the judge, special court, faridkot convicted him for the ..... matter of sentence of imprisonment and fine. 4. learned state counsel has opposed the prayer made on behalf of the appellant by submitting that the appellant was found dealing in narcotics and such like activities deserve to be curbed with heavy hands. 5. as per the record, the appellant was initially arrested on 9.12.2001 and was, thereafter, ..... amply met if her substantive sentence of imprisonment is reduced to the one already undergone by her. 7. resultantly, the conviction of the appellant under section 15 of the ndps act is upheld. her sentence of imprisonment for ten years is reduced to that already undergone by her. the amount of fine of rs. 1,00,000/- is reduced to .....
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..... .02.2010 and order of sentence dated 22.02.2010, passed by the additional sessions judge, sirsa, thereby convicting the appellant under section 15 r/w section 31 of the narcotic drugs and psychotropic substances act, 1985 (for short, the `act') and sentencing him to undergo rigorous imprisonment for four years and to pay a fine of rs.1,50,000/- and in ..... sending the sample. as observed by the division bench of this court in parminder singh v. state of haryana, 2006(4) recent criminal reports (crl.), 495(db), according to the narcotic control bureau instructions, the sample parcel should have been deposited within 72 hours with the chemical examiner. herein, the prosecution has not given any explanation for withholding the sample for .....
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