Court : Chhattisgarh
Reported in : 2002CriLJ1434; 2001(4)MPHT9(CG)
..... trial no. 152 of 1994 by the learned first additional sessions judge, raigarh convicting the appellant under section 8 read with section 18 of the narcotic drugs and psychotropic substances act, 1985 sentencing him to undergo r.i. for ten years and pay fine of rs. one lac in default of payment of fine to undergo further r.i. for six months ..... rqegkjs dcts esa ilz esa yisvkgqvk vqhe otuh 9 xzke fcuk vuqkk i= ds ik;k x;k vksj bl izdkj rqegkjs }kjk ekndnzo; ,oa eukskstd inkfkz vf/kfu;e] 1985 dh /kkjk 8 lh ds izko/kkuksa dkmyya?ku fd;k x;k tks fd blh vf/kfu;e dh /kkjk 18 ds vurxzr namuh; gs vksj esjsizlakku ds vurxzr .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2004(3)MPHT197; 2004(3)MPLJ15
..... may be seized. on the basis of this information, the sub-inspector recorded the relevant entry under section 42 of the narcotic drugs and psychotropic substances act, 1985 (in short 'the act') and forwarded the same to the higher officer.3. on 1-5-1999, the party of central narcotic bureau, gwalior, reached at the spot at ..... punishable under section 8/18 of the act against the appellants. needless to say both the appellants abjured their guilt and pleaded complete innocence. their defence is of maladroit implication.7. in order to prove ..... for chemical examination and a report thereof was obtained and the contraband article, which was seized, was found to be the opium within the meaning of the act.6. after completion of the investigation, a charge-sheet was submitted before the special court. the learned special judge, after perusing the charge-sheet framed charges .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(4)MPHT81
..... a.k. tiwari, j.1. appellant herein stands convicted under section 8/18 of narcotic drugs and psychotropic substances act, 1985 (for short 'the act') by 6th additional sessions judge, ujjain (m.p.) by judgment and order passed on 20-8-1998 in sessions trial no. 361/1994.2(a). briefly ..... the question for consideration is- whether search was conducted without any prior information and whether recovery could be termed chance recovery and the provisions of section 50 of the act shall be applicable or not ?7. the contention of the learned counsel for the appellant is that search was not conducted on prior information; therefore, the recovery amounts ..... contra, learned counsel for the respondent has vehemently argued that search was not conducted on the basis of any prior information. therefore, the provisions of sections 50 of the act are not attracted at all. it has also been submitted by the learned counsel for the respondent that gazetted officer h.s. punsi was himself present there. hence, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003CriLJ4022; 2002(4)MPHT174; 2003(2)MPLJ109
..... s.p. khare, j.1. appellant mahesh chandra nagar has been convicted under section 20(b)(ii) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter to be referred to as 'the act') and sentenced to rigorous imprisonment for ten years and to a fine of rs. 1,00,000/-.2. after hearing the learned counsel for both the sides and ..... 15, 17, 18, 20, 21, 22 and 23 as provided therein. the benefit of the rationalisation of the sentence structure, by virtue of section 41 of the amendment act, has been extended not only to those cases wherein the offences have been committed from 2-10-2001 onwards, that is, the date on which this amendment came into force ..... tiwari (p.w. 5) has further deposed that he sen! the report of the search and seizure to s.d.o. (police) as required by section 57 of the act. that is ex. p-20, thus the requirements of statutory provisions were fully observed. the conviction of the appellant for the aforesaid offence is unassailable.5. the impugned judgment is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC2884; JT2001(7)SC339; 2001(6)SCALE103; (2001)9SCC465; 2002(1)SCT230(SC)
..... 191-92 and if not possible for the academic year 1992-93 after considering all aspects and keeping in view the provisions contained in section 53 of the karnataka state universities act, 1976. the appellant was said to have earlier filed the application seeking affiliation to start the b.ed. college for the academic year 1980-81. the request of the appellant ..... of the said writ petition, was of the view that there had been failure on the part of the government to discharge its statutory duties under section 53 of the act and the petitioner was discriminated against when permission was said to have been granted to several other institutions and, therefore, directed the government to consider the matter afresh on the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 128(2006)DLT600(SC); 2006(3)SCALE352; (2006)11SCC696
..... by this court.13. it is also pertinent to note that this court vide order dated 28.4.1986 had dismissed criminal writ petition no. 1577 of 1985 challenging the very same general court martial proceedings. the appellant also submitted that they would file a detailed counter affidavit on merits after the issue of maintainability is ..... the matter at length was pleased to reserve the judgment. on 22.3.1985 all the writ petitions challenging orders under section 18 of the act were dismissed. in 1985, one of the writ petitioners sri n.d. sharma filed lpa being lpa no. 116 of 1985 against the order of dismissal. on 19.8.1986 the said lpa ..... court being criminal writ petition no. 1577 of 1985 again challenging the legality of the court martial proceedings, the sentence passed and the confirmation thereof. it was alleged that the court martial proceedings and sentence passed were arbitrary, illegal and that the procedure followed was in violation of the act and the rules made thereunder.prayer (b) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC581; (2009)1SCC482
..... has filed an appeal no. 6636 of 2006 questioning his conviction the offence punishable under sections 27a and 29 of the narcotic drugs and psychotropic substances act, 1985 (in short `the act'). he was sentenced to undergo rigorous imprisonment for 14 years and to pay a fine of rupees two lacs with default stipulation. learned additional sessions judge ..... while on bail are satisfied. so far as the first condition is concerned, apparently the accused has been found guilty and has been convicted. section 37 of the act reads as follows :offences to be cognizable and non-bailable- (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974)-(a) every ..... ratan kumar vishwas at 42, sarojni road, bharthana, district etawah. but he was found absconding and statement of his son was recorded under section 67 of the act and he disclosed the phone number as 05680-225182 05680-225182 which was installed in his house in the name of his father. the summons for appearance of .....
Tag this Judgment!Court : Delhi
Reported in : 1997IVAD(Delhi)178; 1997(2)ALT(Cri)19; 1997(3)Crimes98; 67(1997)DLT372
..... this judgment: the appellant matloob was arrested by police station, jama masjid, delhi in case fir no. 191/92 under section 20 of the narcotic durgs and psychotropic substances act, 1985 (in brief, the ndps act), on the allegations that on september 7,1992 at about 7.10 p.m. at service road, gate mazar shiekh kalim ullah, within the jurisdiction of p.s ..... two significant witnesses public witness pws 5 and 6 could be examined. counsel for the appellant, mr. p.r. thakur contended that in a serious case as the one under ndps act where the legislature has prescribed a minimum imprisonment of 10 years and fine of rs. i lakh on conviction, it was incumbent on the learned trial court in terms of .....
Tag this Judgment!Court : Delhi
Reported in : 2001IVAD(Delhi)282; 91(2001)DLT65
..... the basis of the pre-summoning evidence led a fresh order of summoning the petitioners under section 39(2) of the standards of weights and measures (enforcement) act, 1985 read with section 420, ipc was passed. irregularity, if any, stood fully cured. the argument that the trial court could not recall the summoning order ..... to proceed against the respondent nos. 1,2 and 3 for the offences punishable under section 39(2) of the standard of weight and measures (enforcement) act, 1985 as well as under section 420, ipc. accordingly, all the three respondents be summoned as accused filing pf and copy of complaint. put up for appearance ..... 1st june, 1998 complainant filed a complaint in the court of acmm, delhi under section 50 of the standards of weights and measures act, 1976 and the standards of weights and measures (enforcement) act, 1985 against he petitioners, controller, department of standards of weights and measures and bharat petroleum corporation ltd. were also arrayed as respondents. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1966Ker278
..... 134 (pc) to the effect that wherever jurisdiction is given by a statute and such jurisdiction is only given upon certain specified terms contained therein, it is a universal principle that those terms should be complied with, in order to create and raise the jurisdiction, and if they are not complied with the jurisdiction does not arise. ..... in the judgment of the full bench, clearly establishes that 'wherever jurisdiction is given to a court by an act, and such jurisdiction is only given upon certain specified terms contained in the act itself, it is a universal principle that these terms must be complied with, in order to create and raise the jurisdiction, for if they are ..... district judge, to whom the references were made, has proceeded on the basis that it is the proviso to section 18 (2) of the land acquisition act, 1894 (central act 1 of 1894), that applies; and it is on that basis that he has ultimately considered the question as to whether the applications made for reference are .....
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