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Search Results Judgments > Phrase:Narcotic Drugs and Psychotropic Substances Act,

Apr 17 1995

Kamleshkumar Ishwardas Patel Vs. Union of India (UOI) and Ors.

  • Decided on : 17-Apr-1995

Court : Supreme Court of India

Reported in : 1996(53)ECC123; JT1995(3)SC639; 1995(2)SCALE681; (1995)4SCC51; [1995]3SCR279

... Act and the PIT Narcotic Drugs & Psychotropic Substances Act which do not contain such a provision.38. Having regard to the provisions of Article 22(5) of the Constitution and the provisions of the COFEPOSA Act and the PIT Narcotic Drugs & Psychotropic Substances Act the question posed is thus answered : Where the detention order has been made under Section 3 of the COFEPOSA Act and the PIT Narcotic Drugs & Psychotropic Substances Act ... Narcotic Drugs & Psychotropic Substances Act is on the same lines as Section 3 of COFEPOSA Act. There is slight difference in Sub-section (1) but Sub-sections (2) and (3) are identical. Section 12 of the PIT Narcotic Drugs & Psychotropic Substances Act makes provision for revocation of detention orders and is in the same terms as Section 11 of the COFEPOSA Act.19. The provisions in COFEPOSA Act and PIT Narcotic Drugs & Psychotropic Substances Act ... Narcotic Drugs & Psychotropic Substances Act makes provision for revocation of detention orders and is in the same terms as Section 11 of the COFEPOSA Act.19. The provisions in COFEPOSA Act and PIT Narcotic Drugs & Psychotropic Substances Act differ from those contained in the National Security Act, 1980 as well as earlier preventive detention laws, namely, the Preventive Detention Act, 1950, the Maintenance of Internal Security Act ...

Dec 17 1993

The State of Punjab Vs. Kulwant Singh

  • Decided on : 17-Dec-1993

Court : Punjab and Haryana

Reported in : (1994)106PLR535

... Narcotic Drugs and Psychotropic Substances Act, 1985, are mandatory qua the officials who are required to do the prescribed acts in the prescribed manner, but the non-compliance thereof is no itself sufficient to vitiate the conviction unless it has resulted in prejudice to the accused or miscarriage of justice, are of no help to decide the controversy qua the provisions of Section 50 of the Act ... the orders of acquittal recorded by different trial Courts for offences under Sections 15, 18 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short (the Act') in Criminal Miscellaneous No. 6116-M-A of 1991, Criminal Miscellaneous No. 6205-M-A of 1991, ... Act, nobody can possess or claim possession of such article.48. The observations of the Full Bench of Orissa High Court in Sanka Dass and Ors. v. State of Orissa, 1993 (2) R.C.R. 285 in paras 5 and 6 of the judgment, that the provisions of Sections 41, 42, 43, 45, 50 and 57 of the Narcotic Drugs and Psychotropic Substances Act ... narcotic drugs and psychotropic substances to provide for the forfeiture of property derived from or used in illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances and for matters connected therewith.'8. A bare glance through the preamble leaves no doubt that this Act was enacted in order to consolidate the existing law relating to narcotic drugs and psychotropic substances ...

Dec 17 1993

State of Punjab Vs. Kulwant Singh

  • Decided on : 17-Dec-1993

Court : Punjab and Haryana

Reported in : 1995CriLJ744

... Narcotic Drugs and Psychotropic Substances, Act, 1985, are mandatory qua the officials who are required to do the prescribed acts in the prescribed manner, but the non-compliance thereof is not itself sufficient to vitiate the conviction unless it has resulted in prejudice to the accused or miscarriage of justice, are of no help to decide the controversy qua the provisions of Section 50 of the Act ... against the orders of acquittal recorded by different trial Courts for offence under 15, 18 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act') in Criminal Miscellaneous No. 6116-M-A of 1991, Criminal Miscellaneous No. 6205-M-A of 1991, ... Act, nobody can possess or claim possession of such article.46. The observations of the Full Bench of Orissa High Court in Banka Das v. State of Orissa 1993 (2) RCR 285 : 1993 Cri LJ 442, in paras 5 and 65 of the judgment, that the provisions of Sections 41, 42, 43, 45, 50 and 57 of the Narcotic Drugs and Psychotropic Substances, Act ... narcotic drugs and psychotropic substances to provide for the forfeiture of property derived from or used in illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the International Conventions on Narcotic Drugs and Psychotropic Substances and for matters connected therewith.8. A bare glance through the preamble leaves no doubt that this Act was enacted in order to consolidate the existing law relating to narcotic drugs and psychotropic substances ...

Apr 03 1995

Saiyad Mohd. Saiyad Umar Saiyad and Ors. Vs. State of Gujarat

  • Decided on : 03-Apr-1995

Court : Supreme Court of India

Reported in : 1995(43)BLJR1049; 1995CriLJ2662; 1995(2)Crimes182(SC); 1995(50)ECC117; 1995(78)ELT649(SC); (1995)2GLR1315; JT1995(3)SC489; 1995(2)SCALE576; (1995)3SCC610; [1995]3SCR117; [1

... Narcotic Drugs & Psychotropic Substances Act, the burden was on the appellants to prove that they had not committed offences under the Narcotic Drugs & Psychotropic Substances Act and this they had failed to do. In the alternative, he submitted that the act of informing the accused of their right to be searched in the presence of a Gazetted Officer or a Magistrate under Section 50 of the Narcotic Drugs & Psychotropic Substances Act was an official act ... Narcotic Drugs & Psychotropic Substances Act is an official act. Therefore, ordinarily it is not deposed by police offict. before the Court that he had informed the accused about his right to be searched in presence of a gazetted officer or a magistrate under Section 50 of the DPS Act since is to be presumed.... We may further say that in the case under the Narcotic Drugs & Psychotropic Substances Act ... Narcotic Drugs & Psychotropic Substances Act, it is the duty of the Court to raise presumption under Section 114(e) of the Evidence Act, if the police officer has not deposed in his evidence before the Court and if the Court does not raise such a presumption, then it would be falling in its duty.Section 50(1) of the Narcotic Drugs & Psychotropic Substances Act ...

May 06 2004

Radhey Shyam Singh Vs. Union of India (UOI) and Ors.

  • Decided on : 06-May-2004

Court : Guwahati

... Narcotic Drugs and Psychotropic Substances Act, 1985, the Trial could not have been by the General Court Martial under the Army Act, 1950 and it could have been by a special Court constituted under the Narcotic Drugs and Psychotropic Substances Act, 1985 by virtue of Section 36A of the Narcotic. Drugs and Psychotropic Substances Act, 1985. Learned counsel has taken us through the provisions of Section 36A of the Narcotic Drugs and Psychotropic Substances Act ... Act, 1950 has an application to the specific individuals, who are army personnel, whereas, Narcotic Drugs and Psychotropic Substances Act, 1985 has an application to all persons. In that sense, the Army Act, 1950 is a Special Act for the army personnel, whereas the Narcotic Drugs and Psychotropic Substances Act, 1985 is a general Act having application for all citizens. That being the case, the Army Act, 1950 will prevail over the Narcotic Drugs and Psychotropic Substances Act ... Narcotic Drugs and Psychotropic Substances Act, 1985 if alleged to be committed by the member of armed forces, it shall become the offence under the Army Act, 1950 and shall be triable by General Court Martial. The moment offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 is committed by member of armed force and he is tried under Section 69 of Army Act, 1950, the relevant provisions of the Narcotic Drugs and Psychotropic Substances Act ...

Jan 29 1991

Narcotics Control Bureau Vs. Kishan Lal and others

  • Decided on : 29-Jan-1991

Court : Supreme Court of India

Reported in : AIR1991SC558; (1991)93BOMLR136; 1991CriLJ654; 1991(1)Crimes467(SC); 1991(33)ECC32; 1991(52)ELT328(SC); JT1991(1)SC258; 1991(1)KLT547(SC); 1991(1)MhLj204; 1991(I)OLR(SC)305;

... Narcotic Drugs & Psychotropic Substances Act override the provisions of Section 439 Cr. PC4. We may at this stage note the relevant provisions of Narcotic Drugs & Psychotropic Substances Act. The preamble to the Narcotic Drugs & Psychotropic Substances Act shows that the object of the Act is to consolidate and amend the law relating to narcotic drugs and to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances ... Narcotic Drugs & Psychotropic Substances Act is a special enactment and as already noted it was enacted with a view to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psycho-tropic substances. That being the underlying object and particularly when the provisions of Section 37 of Narcotic Drugs & Psychotropic Substances Act ... Act, 1987 (TADA Act' for short) which are similar to Section 37 of Narcotic Drugs & Psychotropic Substances Act and also relied on a judgment of this Court in Usmanbhai Dawoodbhai Memon and Ors. v. State of Gujarat, : 1988CriLJ938 a case which arose under the TADA Act. We shall refer to this judgment at a later stage after analysing the scope and effect of Section 37 of the Narcotic Drugs & Psychotropic Substances Act ...

Nov 10 2000

Roy V.D. Vs. State of Kerala

  • Decided on : 10-Nov-2000

Court : Supreme Court of India

Reported in : 2001(1)ALD(Cri)71; 2001ALLMR(Cri)163(SC); 2001(1)BLJR221; 2001CriLJ165; 2000(72)ECC457; 2001(1)KLT86(SC); 2000(7)SCALE446; (2000)8SCC590; [2000]Supp4SCR539; 2001(1)LC212(SC

... Narcotic Drugs & Psychotropic Substances Act. While emphasising that it is imperative on the officer who is making search of a person to inform him of his right under Sub-section (1) of Section 50 of the Narcotic Drugs & Psychotropic Substances Act, it was held that the recovery of the illicit article in violation of Section 50 of the Narcotic Drugs & Psychotropic Substances Act ... Narcotic Drugs & Psychotropic Substances Act or make a complaint under Clause (d) of Sub-section (1) of Section 36A of the Narcotic Drugs & Psychotropic Substances Act. If follows that any collection of material, detention or arrest of a person or search of a building or conveyance or seizure effected by an officer not being an empowered officer or an authorised officer under Section 41(2) of the Narcotic Drugs & Psychotropic Substances Act ... Act.20. It may be noticed that that conclusion was reached by the Constitution Bench in the context of non-compliance of Section 50 of the Narcotic Drugs & Psychotropic Substances Act. While emphasising that it is imperative on the officer who is making search of a person to inform him of his right under Sub-section (1) of Section 50 of the Narcotic Drugs & Psychotropic Substances Act ... the appellant was taken into custody on November 21, 1990. Under Section 20(b)(i) of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Narcotic Drugs & Psychotropic Substances Act'), a charge was laid against him by the Excise inspector on February 20, 1991, whereas ...

Jan 31 1991

Mainuddin Kasin Mulla Vs. State of Maharashtra

  • Decided on : 31-Jan-1991

Court : Mumbai

Reported in : 1991(2)BomCR586; (1991)93BOMLR825; 1991(1)MhLj1089

... section 20 of the Narcotic Drugs and Psychotropic substances Act for possessing 22 kgs. of Ganja and 354 packets of Ganja weighing 1 kg. for the purpose of sale. Secondly, accused No. 3 alone was charged for an offence punishable under section 20 of the Narcotic Drugs and Psychotropic Substances Act for possessing and selling narcotic drugs, viz., one packet ... Narcotic Drugs and Psychotropic Substances Act for possessing and selling narcotic drugs, viz., one packet of Charas weighing about 7 gms. 2 packets of Charas weighing about 24 gms., 3 pieces of Charas weighing 4 gms., Ganja weighing 100 gms., and Madat weighing 6 gms. Thirdly, accused No. 1 was separately charged of offence punishable under section 20 of the Narcotics Drugs and Psychotropic Substances Act ... or not, the statutory formalities prescribed by the Narcotic Drugs and Psychotropic Substances Act were proved to have been performed by P.W. 4 Superintendent Yadav P.W. 4 Superintendent Yadav, who was himself presumably a Gazetted Officer empowered under section 41(2) of the Narcotic Drugs and Psychotropic Substances Act, had told in his deposition that his Kolhapur ... punishable under section 20 of the Narcotics Drugs and Psychotropic Substances Act for possessing/selling 33 small packets of Ganja weighing 35 gms. and big Ganja packets weighing 25 gms. Lastly, accused Nos. 1 and 2 were charged for offence punishable under section 29 of the Narcotic Drugs and Psychotropic Substances Act for being employees of or being ...

Sep 03 1992

Birendra Kumar Rai alias Virendra Kumar Rai Vs. Union of India (UOI) a ...

  • Decided on : 03-Sep-1992

Court : Supreme Court of India

Reported in : AIR1993SC962; 1993(41)BLJR219; 1993CriLJ158; 1992(3)Crimes398(SC); 1993(43)ECC81; JT1992(5)SC264; 1995(5)SCALE210; (1993)1SCC272; [1992]Supp1SCR391

... Narcotics Drugs and Psychotropic Substances Act, 1985 are likely to be initiated against you.' It was further submitted that though a warrant of arrest had also been issued by the Court at Varanasi where the case under Narcotic Drugs & Psychotropic Substances Act, 1985 had already been initiated and a bill application had also been moved still the detaining authority was mentioning that the prosecution proceedings under Narcotic Drugs & Psychotropic Substances Act ... Narcotic Drugs & Psychotropic Substances Act, 1985 had already been initiated and a bill application had also been moved still the detaining authority was mentioning that the prosecution proceedings under Narcotic Drugs & Psychotropic Substances Act, 1985 were likely to be initiated against the petitioner. It was also argued in this regard that when the petitioner was already in custody and a case had been initiated against him under the Narcotic Drugs & Psychotropic Substances Act ... Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'NDPS Act, 1985'). Before any warrant of arrest could be served on the petitioner in respect of the aforesaid case lodged under the Narcotic Drugs & Psychotropic Substances Act, 1985, the petitioner was arrested on 21.11.1990 in the case registered under the Arms Act and the Motor Vehicles Act ...

May 01 1995

Union of India (UOI) Vs. Thamisharasi and Ors.

  • Decided on : 01-May-1995

Court : Supreme Court of India

Reported in : 1995(2)ALT(Cri)310; 1995(43)BLJR1073; 1996(54)ECC7; (1996)2GLR387; JT1995(4)SC253; 1995(3)SCALE72; (1995)4SCC190; [1995]3SCR905; 1995(2)LC422(SC)

... Narcotic Drugs & Psychotropic Substances Act ... Narcotic Drugs & Psychotropic Substances Act_. The TADA Act is a stringent statute to meet an extraordinary situation as in the Narcotic Drugs & Psychotropic Substances Act_. It is also significant that notwithstanding the substitution of Section 37 in the Narcotic Drugs & Psychotropic Substances Act_ in its present form by Act 2 of 1989 subsequent to the enactment of the TADA Act, there is nothing in Section 37 of the Narcotic Drugs & Psychotropic Substances ... Narcotic Drugs & Psychotropic Substances Act_. This similarity between the two Acts is striking and in this context the absence in the Narcotic Drugs & Psychotropic Substances Act_ of a provision like Sub-section (4) of Section 20 of TADA Act assumes further significance and supports the construction we have made of Section 37 of the Narcotic Drugs & Psychotropic Substances Act_. The TADA Act is a stringent statute to meet an extraordinary situation as in the Narcotic Drugs & Psychotropic Substances ...

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