Skip to content


Judgment Search Results Home  Phrase:narcotic drugs and psychotropic substances act

Oct 08 2007

Shanti Lal Vs. State of M.P.

  • Decided on : 08-Oct-2007

Court : Supreme Court of India

Reported in : 2007(2)BLJR2814; 2008CriLJ386; JT2007(12)SC1; 2008(1)KLT503(SC); 2008(1)MPHT1(SC)

... the above statutory provisions would apply to special laws and offences committed by a person not covered by ipc. in the present case, we are concerned with the provisions of narcotic drugs and psychotropic substances act, 1985 which is a special law. there is no express power in a court to order imprisonment in default of payment of fine. but to us, the law is ... in special criminal case no. 12 of 1994. both the courts convicted the appellant herein for an offence under section 8 read with section 18 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the act') and ordered him to undergo rigorous imprisonment for ten years and also to pay fine of rupees one lakh, in default to undergo rigorous imprisonment for ... gopal singh himself. accordingly, search was conducted. from the person of the appellant- accused, nothing was found but the bag carried by him contained 7 kilos, 60 grams of narcotic drug. the substance was smelt by panch-witnesses and it was found to be opium. the appellant was arrested on the allegation that he was possessing unlawful opium. he was taken to the ... 4.00 a.m. in the morning, station house officer, ratangarh received secret information through an informant that one shantilal (appellant herein) resident of village kankariya talai was carrying narcotic drug and was expected to have come from the said village. he was to carry illegal opium to beju (rajasthan). the information was recorded by the officer in rojnamcha no. 997 ...

Tag this Judgment!
Jul 09 2008

Noor Aga Vs. State of Punjab and Anr.

  • Decided on : 09-Jul-2008

Court : Supreme Court of India

Reported in : 2008(56)BLJR2254; 2008AIRSCW5964; 2008(4)LH(SC)2896

... of proper storage space; now, therefore, in exercise of the powers conferred by sub-section (1) of section 52a of the narcotic drugs and psychotropic substances act, 1985 (61 of 1985), (hereinafter referred to as `the act'), the central government hereby determines that the drugs specified in the aforesaid notification shall be disposed off in the following manner....42. these guidelines under the standing order have been ... s.b. sinha, j 1. leave granted.introduction2. several questions of grave importance including the constitutional validity of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act'), the standard and extent of burden of proof on the prosecution vis-`-vis accused are in question in this appeal which arises out of a judgment and order dated 9. ... control and regulation of operations relating to narcotic drugs and psychotropic substances. it was enacted to implement the provisions of the international conventions on narcotic drugs and psychotropic substances and the matters connected therewith.22. section 2(xiv) of the act defines 'narcotic drug' to mean coca leaf, cannabis (hemp), opium poppy straw and includes all manufactured drugs.23. 'illicit traffic', in relation to narcotic drugs and psychotropic substances, has been defined in section 2(viiia ...

Tag this Judgment!
May 16 2008

N.R. Mon Vs. Md. Nasimuddin

  • Decided on : 16-May-2008

Court : Supreme Court of India

Reported in : AIR2008SC2576; 2008(56)BLJR2052; 2008CriLJ3491; 2008(2)KLT1022(SC); 2008(9)SCALE334; (2008)6SCC721; 2008AIRSCW4331; AIR2008SC2576; 2008(6)SCC721; (2008)3SCC(Cri)29; 2008CriLJ3491; 2008(4)LH(SC)2593

... ors. 2005 (12) scc 480 it was noted as follow:4. the respondents were convicted under section 29 read with section 20(b)(ii)(c) of the narcotic drugs and psychotropic substances act, 1985, (the ndps act) and sentenced to rigorous imprisonment for 10 years and a fine of rs. 1000. on appeals being filed, the learned judge suspended the sentence and the respondents ... . abdulla 2004 (13) scc 504 it was noted as follows:5. the respondent herein was charged of the offences punishable under sections 8/21/29/60 of the narcotic drugs and psychotropic substances act, 1985 before the court of special judge, lucknow. his application for grant of bail was rejected by the special judge by assigning reasons therefor. further application being made ... vehicle, the accused and the handyman were brought to the revenue complex for a thorough checking. after following procedure laid down under section 50 of the narcotic drugs and psychotropic substance act, 1985 (in short 'the act'), the respondent and the driver were asked whether they would like to be taken before the magistrate or the gazetted officer. during search 6 packets of ganja ... against him mechanically proceeded to grant the bail. this court in the case of supdt., narcotics control bureau v. r. paulsamy : 2001crilj117 , has held that in matters arising out of the narcotic drugs and psychotropic substances act grant of bail is controlled by section 37 of the act and it is mandatory for the court to hear the public prosecutor and come to the ...

Tag this Judgment!
Mar 11 2008

E. Micheal Raj Vs. Intelligence Officer, Narcotic Control Bureau

  • Decided on : 11-Mar-2008

Court : Supreme Court of India

Reported in : AIR2008SC1720; 2008CriLJ2250; JT2008(4)SC523; 2008(2)KLT36(SC); RLW2008(4)SC3549; 2008(4)SCALE592; (2008)5SCC161; 2008AIRSCW2365; AIR2008SC1720; 2008(5)SCC161; (2008)2SCC(Cri)558; 2008CriLJ2250; 2008(2)AICLR793

... recorded in the judgment, impose a fine exceeding two lakh rupees.8. the statement of objects and reasons concerning the amending act of 2001 is as follows:narcotic drugs and psychotropic substances act, 1985 provides deterrent punishment for various offences relating to illicit trafficking in narcotic drugs and psychotropic substances. most of the offences invite uniform punishment of minimum ten years' rigorous imprisonment which may extend up to twenty years ... central government reads as under:s.o. 1055(e), dated 19-10-2001. - in exercise of the powers conferred by clauses (viia) and (xxiiia) of section 2 of the narcotic drugs and psychotropic substances act, 1985 (61 of 1985) and in supersession of ministry of finance, department of revenue notification s.o. 527(e) dated 16th july, 1996, except as respects things done or omitted ... the kerala high court in criminal appeal no. 185 of 2004 whereby the conviction and sentence of the accused-appellant under section 21(c) of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the ndps act') was confirmed.2. the relevant facts of the case are that on 5.3.2001, the intelligence officer was informed by an informant that two persons ...

Tag this Judgment!
Jul 08 2008

Aslam Mohd. Merchant Vs. Competent Authority and Ors.

  • Decided on : 08-Jul-2008

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

... the earlier proceedings, income tax returns had been brought on records.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 of ... of the said iqbal mohammed memon.an order of preventive detention was passed against him for his alleged involvement in illicit trafficking under the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (for short the 'pitndps') on or about 29.9.1994. the same, however, could not be served on him as he had left india.a ... s.b. sinha, j.introduction1. interpretation and application of chapter va of the narcotic drugs and psychotropic substances act, 1985 (for short, 'the act') providing for forfeiture of property derived from or used in illicit traffic, is in question in this batch of appeals which arise out of a judgment ... the control and regulation of operation relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drug and psychotropic substances, to implement the provisions of the international convention on narcotic drugs and psychotropic substances and for matters connected therewith.7. chapter va was inserted in the act by act no. 2 of 1989. it appears that ...

Tag this Judgment!
Feb 21 2007

Rasheed S/o Ammenshaik, Vs. The State of Karnataka, through Santhpur P ...

  • Decided on : 21-Feb-2007

Court : Karnataka

Reported in : 2007CriLJ2316; ILR2007KAR1168; 2007(3)KarLJ393

... crime no. 62/2006 (fir no. 21/06) of santapur police station, aurad taluk, registered for the offences punishable under sections 20(b)(ii)(c) of narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'ndps act' for short). these petitioners were found transporting 224 kgs. of ganja contained in six gunny bags in a scorpio car on 11.6.2006 at about 10 ... cr. p.o. the ndps act is enacted for the purpose of declaring law relating to narcotic drugs to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of the property derived from or used to illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of international conventions of narcotic drugs and psychotropic substances and for the matters connected ... therewith. this is a special enactment covering the aforesaid subject and thus the provisions contained in ndps act shall naturally override the provisions of criminal procedure codecriminal procedure codecriminal procedure code wherever the provisions of criminal procedure code ...

Tag this Judgment!
Sep 26 2007

Sayed Abul Ala Vs. Union of India (UOI) and Ors.

  • Decided on : 26-Sep-2007

Court : Supreme Court of India

Reported in : 2007AIRSCW6974.

... mr. harjinder singh, learned senior counsel appearing for the appellant. in the impugned order of detention it has been stated as under:even though prosecution proceedings under narcotic drugs and psychotropic substances act, 1985 act, 1985 have been initiated against shri sayed abul ala and even though he continues to be in judicial custody, i am satisfied that there is every likelihood ... detention on october 11, 1988. the grounds of detention disclose that the appellants were engaged in activities which are offences punishable with imprisonment under the provisions of the narcotic drugs and psychotropic substances act, 1985. it cannot, therefore, be said that there was a reasonable prospect of the appellants not being further remanded to custody on october 13, 1988 and ... from his antecedent activities and material on record. i am therefore satisfied that there is compelling necessity to detain him under the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 with a view to preventing him from engaging in such activities.16. it is no doubt true that in the order of detention the detaining authority ... on the premise that unless the order of detention is set aside, a proceeding may be initiated against him under chapter va of narcotic drugs and psychotropic substances act, 1985.2. appellant was indisputably arrested by the officers of narcotic control bureau (ncb) on 29.11.1999. he was remanded to ncb custody till 8.12.1999, whereafter when he was ...

Tag this Judgment!
Apr 24 2008

Smt. Heena Kausar Vs. Competent Authority

  • Decided on : 24-Apr-2008

Court : Supreme Court of India

Reported in : AIR2008SC2427; 2008CriLJ3024; 2008(7)SCALE331; 2008AIRSCW3699; AIR2008SC2427; 2008CriLJ3024; 2008(3)AICLR25

... is wife of one iqbal mohammed memon. an order of detention was passed against him under the provisions of the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988 (pindps act) by the state of marharashtra. allegedly, both the appellant and her husband left india in or about the year 1991. appellant has not yet ... s.b. sinha, j.1. validity of the proviso appended to section 68c of the narcotic drugs and psychotropic substances act, 1985 (ndps act) is in question in this appeal which arises out of a judgment and order dated 27.11.2002 passed by a division ... of that nature. a person might have committed only one time offence, another not only may be an offender but also might have been indulging in drug trafficking for a long time. whereas in the former an order of preventive detention may not be necessary, in case of the latter, it may be ... the show cause notice did not contain any reason which was required to be recorded in terms of section 68e read with section 68h of the ndps act, and, thus, the impugned judgment cannot be sustained.admittedly, the order of the appellate authority was the subject matter of the writ petition. the contentions ... acquired as also to show cause why the said properties should not be held to be 'illegally acquired properties' and forfeited by the central government under the act.4. an appeal thereagainst was preferred before the appellate tribunal. by an order dated 10.2.1999, the properties were directed to be confiscated. a ...

Tag this Judgment!
May 14 2007

Ravindran @ John Vs. The Superintendent of Customs

  • Decided on : 14-May-2007

Court : Supreme Court of India

Reported in : 2007CriLJ3414; JT2007(7)SC47; 2007(7)SCALE153; (2007)6SCC410

... sessions judge, madurai in crime case no. 320 of 2001 charged of the offences under section 8(c) read with sections 22 and 29 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'act'). learned district & sessions judge by his judgment and order dated november 20, 2002 found them guilty of the offences with which they were charged and ... exercise of power of arrest, search, and seizure under section 42 of the act. section 42 applies to a case where the officers concerned on information received, or having reason to believe from personal knowledge that any offence has been committed in relation to any drug or psychotropic substance etc. and which is kept or concealed in any building, conveyance or enclosed ... on receiving specific information rushed to the kayalpattinam bus stand at about 3.00 a.m. on december 21, 2000 since there was reliable information that one person carrying psychotropic substance was to come there. at the bus stand they found appellant ravindran and on suspecting him to be the person concerned they informed him that they are going to conduct ... place may, between sunrise and sunset, enter into and search any building, conveyance or place. they are also vested with the power of search and seizure and authorized to arrest the person whom they have reason to believe to have committed any offence punishable under this act ...

Tag this Judgment!
May 15 2008

K. Chithhayan Vs. State of Tamil Nadu

  • Decided on : 15-May-2008

Court : Supreme Court of India

Reported in : 2008(2)ALD(Cri)36; 2009(1)MPHT6(SC); RLW2008(2)SC1790; 2008(7)SCALE631; (2008)11SCC363; 2008(3)Supreme676; 2008(4)LH(SC)2628

... a learned single judge of the madras high court upholding the conviction of the appellant for offence punishable under section 8(c) read with section 22 of the narcotic drugs and psychotropic substances act, 1985 (in short the `act') and sentence of 10 years rigorous imprisonment and a fine of rs. 1,00,000/- as was imposed by learned special judge, salem.2. background facts in ... ) detain and search any person whom he has reason to believe to have committed an offence punishable under this act, and if such person has any narcotic drug or psychotropic substance or controlled substance in his possession and such possession appears to him to be unlawful, arrest him and any other person in his company.explanation.-for the purposes of this section, the expression ' ... 42 may- (a) seize in any public place or in transit, any narcotic drug or psychotropic substance or controlled substance in respect of which he has reason to believe an offence punishable under this act has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this act, any document or other article which he has reason to believe may ...

Tag this Judgment!
Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //