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Aug 22 2005 (HC)

Rajinder Gupta Vs. the State

Court : Delhi

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

..... and c rules. coming back to the ndps actndps actndps actndps actndps act, i find that in the case of a medication, which also happens to be a psychotropic substance within threading of the ndps actndps actndps actndps actndps act, its 'extent and manner' of use etc., would be governed by the other provisions of the ndps actndps actndps actndps actndps act or ndps rules.a11. section 9 of the ndps actndps actndps actndps actndps act empowers the central government to permit, ..... . a1. the common questions in these bail applications are:1) whether buprenorphine hydrochloride is a 'psychotropic substance' within the meaning of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the ndps actndps actndps actndps actndps act) ?2) if yes, whether buprenorphine hydrochloride is a 'psychotropic substance' to which chapter vii of the narcotic drugs and psychotropic substances rules, 1985 (hereinafter referred to as the ndps rules) apply ? to what effect ?it was ..... the allegation there was of the commission of an offence under section 21 of the ndps actndps actndps actndps actndps act which deals with 'narcotic drugs'. in the present case the petitioners have all been prosecuted for allegedly committing offences under section 22 of the ndps actndps actndps actndps actndps act which relates to 'psychotropic substances'. the definitions for narcotic drugs and psychotropic substances are entirely different. thereforee, the decision in k. r. nagappan (supra) also .....

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Mar 11 2008 (SC)

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

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

..... 6. the provisions of the ndps actndps actndps actndps actndps act were amended by the narcotic drugs and psychotropic substances (amendment) act, 2001 (act 9 of 2001) (w.e.f 2.10.2001), which rationalized the punishment structure under the ndps actndps actndps actndps actndps act by providing graded sentences linked to the quantity of narcotic drugs or psychotropic substances carried. thus, by the amending act, the sentence structure changed drastically. ..... 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 actndps actndps actndps actndps act') was confirmed.2. the relevant facts of the case are that on 5.3.2001, the intelligence officer was ..... offence committed under section 8(c) read with sections 21 and 29 of the ndps actndps actndps actndps actndps act by the intelligence officer, narcotic control bureau. the special judge for trial of cases under the ndps actndps actndps actndps actndps act found that the substance found in possession of the accused was an opium derivative which has been defined ..... 3.2001, the customs house laboratory, cochin sent a report confirming the samples as answering to the test of crude heroin, a narcotic drug covered under the ndps actndps actndps actndps actndps act. the report further said that the laboratory was not equipped to conduct a quantitative test. thus, the samples were sent for quantitative .....

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Jul 21 1999 (SC)

State of Punjab Vs. Baldev Singh

Court : Supreme Court of India

Reported in : AIR1999SC2378; 1999(2)ALD(Cri)279; 1999CriLJ3672; 1999(65)ECC695; 1999LC545(SC); [1999(81)FLR303]; (1999)3GLR2483; JT1999(4)SC595; (1999)ILLJ254SC; 1999(II)OLR(SC)474; 199

..... crpccrpccrpc, 1973, shall apply, insofar as they are not inconsistent with the provisions of the ndps actndps actndps actndps actndps act, to all warrants issued and arrests, searches and seizures made under the ndps actndps actndps actndps actndps act. thus, the ndps actndps actndps actndps actndps act, 1985 after incorporating the board principles regarding search, seizure and arrest etc. in sections 41, 42 ..... to the admissibility of evidence collected as a result of search conducted in violation of the provisions of section 50 of the ndps actndps actndps actndps actndps act, to offences under the ndps actndps actndps actndps actndps act, it would be appropriate to first notice some of the relevant statutory provisions. for the purpose of this batch of cases ..... there was divergence of opinion between different benches of this court with regard to the ambit and scope of section 50 of narcotic drugs and - psychotropic substances act, 1985 (hereinafter 'ndps actndps actndps actndps actndps act') and in particular with regard to the admissibility of the evidence collected by an investigating officer during search and seizure conducted ..... liable to be punished. 'unlawful possession' of the contraband is the sine qua non for recording conviction under the ndps actndps actndps actndps actndps act and the most important ingredient of an offence under the ndps actndps actndps actndps actndps act.48. explaining the concept of possession, in bocking v. roberts (1973) 3 all e.r. 962, lord .....

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Dec 07 1988 (HC)

Kirpal Mohan Virmani Vs. B.D. Mishra

Court : Delhi

Reported in : 1989(3)Crimes146; 37(1989)DLT362; 1989(16)DRJ257; 1989(20)ECC28

..... -in-charge of a police station, properly so called, under chapter xii of the code of criminal procedure (21) the word 'investigation' has not been defined under the ndps actndps actndps actndps actndps act. section 2(xxix) of the ndps actndps actndps actndps actndps act, however, provides that 'words and expressions used herein and not defined but defined in the code of criminal procedure, 1973 (2 of 1974) have the meanings respectively ..... way or not at all. however, nothing turns on this principle so far as the present case is concerned. there is no provision in the ndps actndps actndps actndps actndps act empowering the officer invested with powers under section 53 of the ndps actndps actndps actndps actndps act, to file a charge-sheet. in the absence of said provisions such powers could not be inferred. in the circumstances the remedy is available ..... magistrate.(13) whether officers invested with powers under section 53 of the ndps actndps actndps actndps actndps act have all the above mentioned powers(14) the ndps actndps actndps actndps actndps act, as its preamble says, was enacted to consolidate. and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances and for matters connected therewith. section 4 inquires the central government to .....

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May 30 2001 (HC)

Labh Singh Vs. Union of India (Uoi)

Court : Rajasthan

Reported in : 2002CriLJ28; 2002(1)WLC692; 2002(1)WLN545

..... singh for the offence under section 8/21,29 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as the 'ndps actndps actndps actndps actndps act'), accused appellant mohd. arshad for the offence under sections 23 and 29 of the ndps actndps actndps actndps actndps act and accused appellants arvinder singh and harjeet singh @ pappa for the offence under section 29 of the ndps actndps actndps actndps actndps act and sentenced them in the following manner:-name of accused appellantsconvicted ..... of application of section 42 of the ndps actndps actndps actndps actndps act arises and the provisions of section 43 of the ndps actndps actndps actndps actndps act would apply in the present case.30. in these circumstances, the findings of the learned special judge that provisions of section 42 of the ndps actndps actndps actndps actndps act are not applicable in the present case, but provisions of section 43 of the ndps actndps actndps actndps actndps act would apply, are liable to be ..... considered opinion, since contraband heroin was recovered from the truck and there was no personal search, therefore, no question of compliance of section 50 of the ndps actndps actndps actndps actndps act arises, though notices under section 50 of the ndps actndps actndps actndps actndps act were given to the accused appellants separately. thus, the findings of the learned special judge that in the present case compliance of section 50 of the .....

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Jul 13 1994 (HC)

Vinod Son of Satyanarayan Lohiya Vs. the State of Maharashtra

Court : Mumbai

Reported in : 1996(1)BomCR483

..... -9-1992 whereby both the accused-appellants have been held guilty for the offences punishable under section 21 read with section 29 of the narcotic drugs and psychotropic substances act, 1985, (for short, 'the ndps actndps actndps actndps actndps act') and sentenced to suffer rigorous imprisonment for ten years and to pay a fine of rs. 1 lakh each and in default of ..... prosecution has failed to prove either abetment or criminal conspiracy of the accused/appellants under section 29 of the ndps actndps actndps actndps actndps act, 1985 and, therefore, the conviction of the accused/appellants under section 29 of the ndps actndps actndps actndps actndps act, 1985 is liable to be set aside and the same is hereby set aside. the aforesaid reasons dispose ..... shaken the entire community. this menace needs to be curbed to save the humanity. the provisions contained under the ndps actndps actndps actndps actndps act are stringent enacted for the control and regulation of operation relating to narcotic drugs and psychotropic substances and like any other offence in the crime, the burden lies on the prosecution to bring the guilt of the ..... following terms :'17. one another important question that arises for consideration is whether failure to comply with the conditions laid down in section 50 of the ndps actndps actndps actndps actndps act by the empowered or authorised officer while conducting the search, affects the prosecution case. the said provision (section 50) lays down that any officer duly .....

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Jul 24 2000 (HC)

Hazari and anr. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2001CriLJ1298; 2000(4)WLC432; 2001(1)WLN536

..... has been made or not.legal position in respect of section 42 of ndps actndps actndps actndps actndps act ..... ndps actndps actndps actndps actndps act and that is why, he has specifically mentioned section 42 of the ndps actndps actndps actndps actndps act in ex. p/21.6. for the aforesaid reasons, it is held that in the present case section 42 of the ndps actndps actndps actndps actndps act would apply and not section 43 of the ndps actndps actndps actndps actndps act.7. the next question for determination is whether in the present case compliance of section 42 of the ndps actndps actndps actndps actndps act ..... and in section 42 of the ndps actndps actndps actndps actndps act, the word 'conveyance' is also there and, therefore, this information is falling under section 42 of the ndps actndps actndps actndps actndps act and not. under section 43 of the ndps actndps actndps actndps actndps act and thus, the police officer is obliged to take down the information in writing as provided in section 42(1) of the ndps actndps actndps actndps actndps act and furthermore, in compliance of section .....

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Apr 26 2001 (HC)

Shahid Khan Vs. Director of Revenue Intelligence

Court : Andhra Pradesh

Reported in : 2001(1)ALD(Cri)781; 2001CriLJ3183

..... to a-5 was under section 22 of the narcotic drugs and psychotropic substances act, 1985 ( for brevity ' ndps actndps actndps actndps actndps act'). it is alleged that they were in possession of psychotropic substance viz., methaqualone tablets. the second charge against a-2 to a-5 was under section 23 read with section 28 of ndps actndps actndps actndps actndps act. the allegation was that they attempted to export psychotropic substance from india to nairobi, south africa. the third charge ..... against a-1 was under section 2 (viii) (a) (iii) of ndps actndps actndps actndps actndps act for the offence punishable under section 27-a of ndps actndps actndps actndps actndps act alleging that a-1 directly or indirectly financed a-3 to ..... second ground, which was raised by the defence, was that there was no compliance of mandatory provisions contained in section 42(2) of ndps actndps actndps actndps actndps act. the learned counsel pointed out the provisions contained in section 42(2) of ndps actndps actndps actndps actndps act, which reads as under:'where an officer takes down any information in writing under sub-section (1) or records grounds for his belief under .....

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Jan 23 2009 (SC)

Union of India (Uoi) Vs. Rattan Mallik @ Habul

Court : Supreme Court of India

Reported in : 2009CriLJ3042; 2009(1)SCALE51; (2009)2SCC624; 2009(1)LC346(SC):2009AIRSCW3648:2009(4)LHSC2710

..... allahabad suspending the sentence awarded by the trial court to the respondent for having committed offences under sections 8/27a and 8/29 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the ndps actndps actndps actndps actndps act') and granting him bail.4. since in this appeal we propose to deal with the short question, viz. whether the high court, while ..... consideration of the application filed by the respondent for suspension of sentence and for granting of bail, keeping in view the parameters of section 37 of the ndps actndps actndps actndps actndps act, enumerated above. we further direct that the bail application shall be taken up for consideration only after the respondent surrenders to custody. the respondent is directed ..... cannot be ignored while dealing with such an application. as already noted, in the present case, the respondent has been convicted and sentenced for offences under the ndps actndps actndps actndps actndps act and therefore, while dealing with his application for grant of bail, in addition to the broad principles to be applied in prosecution for offences under the indian ..... imprisonment for ten years and to pay a fine of rs. 1 lac under section 27a of the ndps actndps actndps actndps actndps act and undergo rigorous imprisonment for ten years and a fine of rs. 1 lac under section 29 of the ndps actndps actndps actndps actndps act, with default stipulation.5. being aggrieved, the respondent preferred an appeal to the high court along .....

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Jan 09 2008 (SC)

Kanhaiyalal Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : 2008(1)ALD(Cri)899; 2008(2)ALT(Cri)402; JT2008(1)SC279; RLW2008(2)SC1574; (2008)4SCC668; 2008AIRSCW627; 2008(1)Crimes154; AIR2008SC1044; 2008(4)SCC668; (2008)2SCC(Cri)474; 2008(1)SCALE165

..... complied with.18. on the basis of his findings on the first, second and fourth questions, the special judge under the ndps actndps actndps actndps actndps act convicted phool chand of the offences under section 8/18 of the ndps actndps actndps actndps actndps act, but acquitted both ram prasad and the appellant herein of the said charge on his findings with regard to question no. 3 ..... . accordingly, charge-sheet was filed before the special judge under the ndps actndps actndps actndps actndps act against phool chand and ram prasad on 20.5.1997. subsequently, after fresh summons were issued to the appellant herein, he also appeared before the concerned officer ..... where he confessed to the offence complained of.11. during investigation, accused ram prasad and kanhaiyalal(appellant herein) were served with summons under section 67 of the ndps actndps actndps actndps actndps act. while ram prasad was present in the neemuch office on 24.2.1997 in pursuance of the summons, the appellant herein did not appear before the concerned officer ..... together and ultimately dismissed the appeal preferred by phool chand and relying on the statement made by ram prasad and the appellant herein under section 67 of the ndps actndps actndps actndps actndps act, found them also guilty of the charges framed against them and allowed the appeal filed by the union of india. ram prasad and kanhaiyalal (the appellant .....

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