To import inter-State, means to bring into a State or Union territory in India from another State or Union territory in India. [Narcotic Drugs and Psychotropic Substances Act, 1985, s. 2 (xxiv)]...
Immunity, exemption, not likely to be affected.Immunity in short is no liability. It is an immunity from the legal power of some other person. The correlative of immunity is disability, Shanti Kumar R Chanji v. House Insurance Co. Ltd., AIR 1974 SC 1719 (1722).Immunity, is -- 'freedom or exemption from penality, burden or duty'. Immunity from prosecution under section 64 mean freedom from punishment during a proceeding instituted and carried on by law, Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734. [See Narcotic Drugs and Psychotropic Substances Act (61 of 1985), s. 64]Means any exemption from a duty, liability, or service of process, esp., such an exemption granted to a public official, Black's Law Dictionary, 7th Edn., p. 752.Is an exemption or freedom from general obligation, duty, burden or penalty, Raja Ram Pal v. Hon'ble Speaker, Lok Sabha, (2007) 3 SCC 184....
Otherwise dealt with, the words 'otherwise dealt with' does not necessarily mean something which is not included in the investigation inquiry or trial and the words 'otherwise' points to the fact that the expression 'dealt with' is all comprehensive and that investigation inquiry and trial are some of the aspects dealing with the offence, State of Punjab v. Balbir Singh, AIR 1994 SC 1872. [See Narcotic Drugs and Psychotropic Substances Act (61 of 1985), s. 50)]...
Compelling reasons, the expression 'compelling reasons' in the contest of making an order for detention of a person already in custody implies that there must be cogent material before the detaining authority on the basis of which it may be satisfied that (a) the detenu is likely to be released from custody in the near future and (b) taking into account the nature of the antecedent activities of the detenu, it is likely that after his release from custody he would indulge in prejudicial activities and it is necessary to detain him in order to prevent him from engaging in such activities, Dharmendra Suganchand Chelanat v. Union of India, AIR 1990 SC 1196 (1201): (1990) 1 SCC 746. [Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988, s. 3 (1)]...
Change recovery, information received by the police officer was not in regard to contraband article but was in regard to certain illicit liquor, therefore, search by officer concerned was not under the provision of Act. Held, this could be treated as a chance recovery for which it is not necessary to follow the procedure contemplated under s. 42/50 NDPS Act; Sorabkhan Gandhkhan Pathan v. State of Gujarat, 2004 (13) SCC 608. (NDPS Act, 1985, s. 42 & 50)....
Immunity from prosecution, the phrase 'immunity from prosecution' in s. 64 would mean 'Freedom from punishment during a proceeding instituted and carried on by law', Jasbir Singh v. Vipin Kumar Jaggi, AIR 2001 SC 2734 (2742): (2001) 8 SCC 289. [NDPS Act, 1985 (61 of 1985), s. 64]...
Attempt to commit an offence, is an act, or a series of acts, which leads inevitable to the commission of the offence, unless something, which the doer of the act neither foresaw nor intended, happens to prevent this. An attempt may be described to be an act done in part-execution of a criminal design, amounting to more than mere preparation. An attempt to commit an offence can be said to being when the preparations are complete and the culprit commences to do something with the intention of committing the offence and which is step towards the commission of the offence. The moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence, Koppula Venkat Rao v. State of Andhra Pradesh, (2004) 3 SCC 602....
Narcotic drug or narcotic, means a substance which is coca leaf, or coca derivative, or opium, or derivative of opium, or Indian hemp and shall include any other substance, capable of causing or producing in human beings dependance, tolerance and withdrawal syndromes and which the Central Government may, by notification in the Official Gazette, declare to be a narcotic drug or narcotic. [Medicinal and Toilet Preparations (Excise Duties) Act, 1955 (16 of 1955), s. 2 (h)]...
Attempt to commit crime, an attempt to commit an offence is an act, or a series of acts, which leads inevitably to the commission of the offence, unless something, which the doer of the act neither foresaw nor intended, happens to prevent this. An attempt may be described to be an act done in part-execution of a criminal design, amounting to more than mere preparation, but falling short of actual consummation, and, possessing, except for failure to consummate, all the elements of the substantive crime. In other words, an attempt consists in itthe intent to commit a crime, falling short of, its actual commission or consummation/completion, Koppula Venkata Rao v. State of Andhra Pradesh, (2004) 3 SCC 602 (606); see also Aman Kumar v. State of Haryana, (2004) 4 SCC 379. (Penal Code, 1860, s. 511)...
Whoever attempts to commit an offence, the expression 'whoever attempts to commit an offence' in s. 511 can only mean whoever intends to do a certain act with the intent or knowledge necessary for the commission of that offence, Om Prakah v. State of Punjab, AIR 1961 SC 1782 (1785): (1962) 2 SCR 254. (Indian Penal Code, s. 511)...