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Rajinder Gupta Vs. the State

Court : Delhi

Reported in : 2006CriLJ674; 123(2005)DLT55; 2005(84)DRJ477

..... it has already been indicated above that buprenorphine hydrochloride is a schedule h drug under the d and c act and rules and, though a psychotropic substance under the ndps act, it is not included in schedule i to the ndps rules. that being the case, its manufacture, possession or sale is not prohibited. ..... gazette.'by a notification dated 19th october, 2001 the central government specified the 'small quantity' and 'commercial quantity' of each of the narcotics drugs/psychotropic substances listed therein. in the table appended to the said notification, at entry no. 169, buprenorphine has been specified and the small quantity has been mentioned ..... possess, sell, purchase, transport, warehouse, use, consume, import interstate, export interstate, import into india, export from india or transship any narcotic drug or psychotropic substance,except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this act or the rules or orders made there .....

Husen Bhenu Malad Vs. State of Gujarat

Court : Gujarat

Reported in : 2003CriLJ5070; (2003)4GLR916

..... k.c. jaya kumar's case (supra) similar question arose before a single judge of the andhra pradesh high court. in the said case the boxes containing psychotropic substances seized were not deposited in any police station. the learned single judge held that there was no question of affixing of seal of officer in-charge of police ..... which is filed under section 374 (2) of the code of criminal procedure, 1973 ('the code' for short) read with section 36b of the narcotic drugs and psychotropic substances act, 1985 ('the ndps act' for short) through jail, is directed against a judgment and order dated february 4, 1997 rendered by special judge, kachchh at bhuj, in special case no. ..... sentence should be set aside.18.1. according to us, this contention is without any merit and substance as in the present case provisions of section 42 of the ndps act are not at all attracted. section 42 of the ndps act applies to the case where search or seizure is to be carried out in respect of contraband goods .....

Bajrangi Singh Vs. State of Assam

Court : Guwahati

..... the judgment of conviction and sentence so awarded does not require any interference. stringent provisions for the control and regulation of operation relating to narcotic drugs and psychotropic substance is provided under this act as to keep check and break on the trafficking of such offences which has a nationwide effect because continuation of the same ..... j.1. the sole accused-appellant bajrangi singh preferred this appeal under section 374 cr. p.c. read with section 36(b) of the narcotic drugs and psychotropic substances act, 1985 against the judgment of conviction and sentence dated 23-2-94 passed by the learned special judge, cachar, silchar in special case no. 13(a)/ ..... so advanced by mr. a k. bhattacharyya, the learned counsel representing the accused-appellant has much of substance. in my considered opinion; there is non-compliance of the mandatory provisions of section 50 of the ndps act on which no evidence is so adduced coming from the mouth of any of the witnesses with regard to .....

Baljit Singh Vs. State of Assam and ors.

Court : Guwahati

..... sc 366) wherein a question was raised whether rule 184 of the defence and internal security of the india rules, 1971, which is analogous to section 37 of the ndps act, excluded the powers of anticipatory bail contained in section 438 cr.pc. dealing with this aspect of the matter, the apex court in narcotics control bureau (supra) ..... prosecution before a special court, shall be deemed to be a public prosecutor.' 15. a careful reading of section 36c shows that a special court under the ndps act exercises the same powers as are exercised by a court of sessions and all the provisions relating to bail/bonds contained in code of criminal procedure are applicable to ..... the cases under the ndps act. the provisions for bail/bond are contained in chapter 13 of the code of criminal procedure. the title of the chapter reads 'provisions for bail/bonds.' 16. .....

Aslam Mohd. Merchant Vs. Competent Authority and ors.

Court : Supreme Court of India

Reported in : 2008CriLJ3621; 2008(3)KLT400; 2008(II)OLR(SC)393; 2008(10)SCALE383; 2008(2)LC855(SC); 2008AIRSCW4868; 2008CriLJ3621; 2008(3)Crimes122

..... .14. the relevant provisions of the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 (for short 'safema') and narcotic drugs and psychotropic substances act, 1985 (ndps) are in pari materia.15. contentions were raised that the show cause notice shows complete non-application of mind on the part ..... international convention, relating to narcotic drugs or psychotropic substances which may be ratified or acceded to by india after the commencement of this act.8. section 68a of the act applies to persons specified in ..... the protocol, amending the convention mentioned in sub-clause (a), adopted by the united nations conference at geneva in march, 1972; (c) the convention on psychotropic substances, 1971 adopted by the united nations conference at vienna in february, 1971 ; and (d) any other international convention, or protocol or other instrument amending an .....

Kenjengbam Arun Singh Vs. Union of India (Uoi)

Court : Patna

..... 2003crilj4996 . in the present case even the formalities required by section 42 of the ndps act had been completed as per evidence of pw-2 when in fact the provisions of section 43 would cover the action of the authorities as the seizure was made ..... by virtue of provisions under sections 41, 42 and 43 of the aforesaid act. the powers of a gazetted officer is particularly mentioned in section 41(2) of the ndps act. such power was noticed and accepted by hon'ble the supreme court in the case of m. prabhulal v. assistant director, directorate of revenue intelligence reported in : ..... attempt was made by learned counsel for the appellant to raise an issue that seizure of the contraband ganja was not in accordance with requirements under the provision of ndps act, 1985. on going through the materials on records, we find that on facts this submission has no legs to stand. it is found that the authorities .....

Ajit Yadav Vs. State of Bihar

Court : Patna

..... been placed before us.3. the act, has been enacted by the parliament in the national interest and to control the trafficking of narcotic drugs and psychotropic substances. the settled law of interpretation is that the legislature speaks through the words used in the enactment and if the words are clear. the literal ..... by one of us (r.s. garg. j).2. the question for determination in this case is as to whether the ganja is a narcotic drug or psychotropic substances or not. a division bench of this court in the case of rajendra prasad v. the state of bihar, reported in 2004 (2) east cr c 228 ..... coca leaf, cannabis (hemp), opium, poppy straw and includes all manufactured goods :2 (xxiii) 'psychotropic substance' means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the schedule ;20. punishment for contravention in relation to cannabis plant and cannabis.--whoever, .....

Sami Ullaha Vs. Superintendent, Narcotic Central Bureau

Court : Supreme Court of India

Reported in : AIR2009SC1357; 2008(57)BLJR179; 2009CriLJ1306; JT2008(12)SC297; RLW2009(2)SC1823; 2008(4)SCALE355:2009AIRSCW778:2008(6)LHSC4213

..... statement made by an accused. it may be so but the question is that when the prosecution itself had failed to show that the seized substance contained any narcotic substance or psychotropic substance, the question of reliance on the confession of the accused does not arise; at least at this stage.in noor aga v. state of ..... procedure are fulfilled.in any event, as the central revenue control laboratory, new delhi is not a designated chemical examiner as defined in the narcotic drugs and psychotropic substances rules, 1985 (for short 'the rules'), reliance thereupon could not have been placed particularly when the laboratory which comes within the definition of the term 'chemical ..... statement, the appellant was arrested on 15.08.2004. allegedly, a statement was made by him in terms of section 67 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act'). appellant contends that he was tortured and the statement was obtained forcibly from him on some blank documents. he .....

Kabul Alias Khudia Vs. State of Rajasthan

Court : Rajasthan

Reported in : 1992CriLJ1491; 1990(2)WLN461

..... him.59. in the result, the appeal is partly allowed and the conviction and sentence passed under sections 20(ii) & 21 of the narcotic drugs & psychotropic substances act, under sections 307 & 332, i.p.c. and under section 25 of the arms act is set aside and the accused appellant is hereby acquitted ..... 1978.10. the primary aim and object of the act, is to protect public welfare and to prevent by a rigid control of the possession of narcotic drugs & psychotropic substances, the danger to public health, and to guard society against the social evils. this act absolutely prohibits the use, sell, commission, possession, importation, exportation, purchase, ..... of linking evidence, and not producing the material recovered (mal) in court, the trial is bad. he also submits that conviction under the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'act') cannot be based on the evidence of stock witnesses (motbirs), recovery witnesses of rifle and other witnesses who .....

Rajesh Sharma Vs. Union of India (Uoi) and ors.

Court : Delhi

Reported in : 159(2009)DLT559

..... from an informer about a group of persons dealing in illicit smuggling of prescription drugs listed in the schedule of the narcotic drugs & psychotropic substances act, 1985 (ndps act). the names of the persons intimated were (i) shri rajesh sharma of shakarpur, delhi (ii) shri diwakar gupta (iii) shri ..... provides for general prohibition in respect of sale, purchase, consume or use of the psychotropic substances specified in schedule-i, rule 65 prohibits manufacture of psychotropic substances; whereas rule 66 prohibits possession, etc. of psychotropic substances and rule 67 prohibits transport thereof. rule 67-a provides for special provisions for medical ..... accordance with the terms and conditions of such licence, permit or authorisation: xxxxx xxxxx xxxxx xxxxx xxxxx22. punishment for contravention in relation to psychotropic substances.-whoever, in contravention of any provision of this act or any rule or order made or condition of licence granted thereunder, manufacturers, possesses, .....