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

May 06 2009

Rajesh Sharma Vs. Union of India (UOI) and Ors.

  • Decided on : 06-May-2009

Court : Delhi

Reported in : 159(2009)DLT559

... :The Narcotics Control Bureau, Delhi Zonal Unit, hereafter referred to as NCB, received information on 5.5.2008 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 ... Act was sufficient for making the detention order. This is apparent from the opening paragraph of the grounds of detention which reads as under:The Narcotics Control Bureau, Delhi Zonal Unit, hereafter referred to as NCB, received information on 5.5.2008 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 ... drugs specified in Schedule 'H' to the Drugs and Cosmetics Rules, 1945. It is also an admitted position that they are psychotropic substances and are specified in the Schedule to the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the NDPS Act'). However, these substances are not mentioned in Schedule-I to the Narcotic Drugs and Psychotropic Substances ... narcotic drugs or psychotropic substances; (iv) dealing in any activities in narcotic drugs or psychotropic substances other than those provided in sub-clauses (i) to (iii); or(v) handling or letting any premises for the carrying on of any of the activities referred to in sub-clauses (i) to (iv),other than those permitted under the Narcotic Drugs and psychotropic Substances Act ...

Nov 10 2006

State of Uttaranchal Vs. Rajesh Kumar Gupta

  • Decided on : 10-Nov-2006

Court : Supreme Court of India

Reported in : JT2006(10)SC8; RLW2007(1)SC774; 2006(11)SCALE391; (2007)1SCC355

... drugs allegedly used to be dispatched by post also. Appellant was arrested on 13.8.2004 and since then he is in jail custody. Charges were framed against him under Section 8 read with Section 22 of the Narcotic Drugs ] Psychotropic Substances Act, 1985 ('1985 Act', for short) and Drugs and Magic Remedies (Objectionable Advertisement) Act ... drugs (phenobarbitone) were sold in the years 2001-2002, 2002-2003, 2003-2004 and 2004-2005 (April to July) respectively. 2. The drugs allegedly used to be dispatched by post also. Appellant was arrested on 13.8.2004 and since then he is in jail custody. Charges were framed against him under Section 8 read with Section 22 of the Narcotic Drugs ] Psychotropic Substances Act, 1985 ('1985 Act ... Act was enacted with a view to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for control and regulation of operations relating to 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 Convention on Narcotic Drugs and Psychotropic Substances ...

May 06 1998

Smt. Shakuntala Bhagwat Vs. State of Maharashtra

  • Decided on : 06-May-1998

Court : Mumbai

Reported in : 1998CriLJ3773

... Narcotic Drugs & Psychotropic Substances Act, 1985?2. On 12th May, 1997 at about 8.15 p.m. the petitioner was arrested for being found in possession of 1.5 Kg. of Ganja. The petitioner is prosecuted for offence punishable under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the Act ... of Section 37(1)(b) of the Narcotic Drugs & Psychotropic Substances Act, 1985 would be applicable with regard to the grant of bail in respect of offence alleged to have been committed under Section 20(b)(i) of the Narcotic Drugs & Psychotropic Substances Act, 1985?2. On 12th May, ... Act No. 2 of 1989 in the present Act. The amendment, inter alia, provided for the following things :-(i) to constitute a National Fund for Control of Drugs Abuse to meet the expenditure incurred in connection with the measures for combating illicit traffic and preventing drug abuse;(ii) to bring certain controlled substances which are used for manufacture of Narcotic Drugs and Psychotropic Substances under the ambit of Narcotic Drugs and Psychotropic Substances Act ... drug abuse;(ii) to bring certain controlled substances which are used for manufacture of Narcotic Drugs and Psychotropic Substances under the ambit of Narcotic Drugs and Psychotropic Substances Act and to provide deterrent punishment for violation thereof;(iii) to provide that no sentence awarded under the Act shall be suspended, remitted or commuted;(iv) to provide for pre-trial disposal of seized drugs ...

Aug 22 2005

Rajinder Gupta Vs. The State

  • Decided on : 22-Aug-2005

Court : Delhi

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

... narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official 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 ... psychotropic substance' within the meaning of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS Act) ?2) If yes, whether Buprenorphine Hydrochloride is a 'psychotropic substance' to which Chapter VII of the Narcotic Drugs and Psychotropic Substances ... Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the NDPS 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 contended by the petitioners that Buprenorphine Hydrochloride I.P. Injections which are the subject matter of the present applications are drugs ...

Aug 18 1990

Gurbachan Singh Vs. The State of Punjab

  • Decided on : 18-Aug-1990

Court : Punjab and Haryana

Reported in : 1991CriLJ713

... petitioner under Section 3(1) of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (Central Act No. 46 of 1988) (hereinafter referred to as the Act) with a view to prevent the petitioner from indulging in prejudicial activities and engaging in the transporting, import Inter-State and possession of Narcotic drugs.2. In brief, facts relevant for the disposal of this petition ... of which the petitioner is stated to have been paid Rs. 25,000/- but the fact remains that the said act was illegal, and punishable under the Narcotic Drugs and Psychotropic Substances Act, 1985. Thus, there is no question of retrospective operation of Central Act No. 46 of 1988 as far as facts and circumstances of the present case are concerned. Nor, it can be ... packets of smack. Those two packets of smack were subsequently recovered on 25-8-1988 from the house of the petitioner, and, a case Under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was registered against him at Police Station, Sadar, Patiala. During the investigation of that case the petitioner is stated to have admitted that he had been ... order of detention was passed on 14-3-1989 after more than six months of the arrest of the petitioner on 25-8-1988 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and there is no proximity, or nexus between the last prejudicial activity and the passing of the impugned order of detention against the petitioner. There is ...

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

... 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. While the Act envisages severe punishments for drug traffickers, ... 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 to be done before such supersession, the Central Government hereby specifies the quantity mentioned in columns 5 and 6 of the Table below, in relation to the narcotic drug and psychotropic substance ... 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 with certain drugs would be arriving by a Tamil ... substance found in possession of the appellant falls is Entry 56 or Entry 239. The relevant portion of the Notification dated 19.10.2001 issued by the 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 ...

Sep 02 2005

Ansar Ahmed Vs. State (Govt. of NCT of Delhi)

  • Decided on : 02-Sep-2005

Court : Delhi

Reported in : 123(2005)DLT563

... narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette.' As noticed in Basheer (supra), by a Notification dated 19th October, 2001, the Central Government specified the 'small quantity' and 'commercial quantity' for each of the Narcotics Drugs/Psychotropic substances ... Act 9 of 2001. 'The 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. While the Act envisages severe punishments for drug ... Narcotics Drugs/Psychotropic substances listed therein. In the table appended to the said Notification, at Entry No. 56, Heroin has been specified and the small quantity has been mentioned as 5 grams whereas the commercial quantity has been specified as 250 grams. The said Entry No.56 and Entry 239, which, apparently, is a residual entry, read as:- Sl. Name of Narcotic ...

Feb 21 1992

Birendra Kumar Rai Vs. Union of India (UOI) and Ors.

  • Decided on : 21-Feb-1992

Court : Allahabad

Reported in : 1992CriLJ3866

... Narcotic Drugs and Psychotropic Substances Act, 1985, have been taken by the Government, the transit traffic in illicit drugs had not been completely eliminated.16. It was keeping that in mind the 1988 Act was enacted. Though earlier the Conservation of Foreign Exchange and Preventive of Smuggling Activities Act, 1974 provide preventive detention in relation to smuggling of drugs and psychotropic substances ... drugs... This trend has created an illicit demand for drugs within the country.... Although a number of legislative, administrative and other preventive measures, including the deterrent penal provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985, have been taken by the Government, the transit traffic in illicit drugs had not been completely eliminated.16. It was keeping that in mind the 1988 Act ... Act :--'In recent years, India has been facing a problem of transit traffic in illicit drugs... This trend has created an illicit demand for drugs within the country.... Although a number of legislative, administrative and other preventive measures, including the deterrent penal provisions in the Narcotic Drugs and Psychotropic Substances Act, 1985, have been taken by the Government, the transit traffic in illicit drugs ...

Jul 27 2009

D. Ramakrishnan Vs. Intelligence Officer Narcotic Control Bureau

  • Decided on : 27-Jul-2009

Court : Supreme Court of India

Reported in : AIR2009SC2404; 2009(240)ELT321(SC); JT2009(14)SC473; 2009(10)SCALE138; 2009AIRSCW4772:2009AIRSCW4228

... at Coimbatore. The drugs procured and exported are Alprazolam, Lorazepam, Nitrazepam, etc. Indisputably, these drugs find place at Serial Nos. 30, 56 and 64 respectively of the Schedule appended to the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act')3. Inter alia, on the premise that for export of the said drugs no permission from the Competent ... Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, 'the Act')3. Inter alia, on the premise that for export of the said drugs no permission from the Competent Authority was obtained, the appellant and his co-accused was prosecuted under Section 8(c) read with Section 22, 23, 25, 27A, 53, 53A and 58 of the Act. ... drugs indicated by the appellant by the local pharmacy and pack separately as per packing slips and dispatch the same to the customers abroad through airmail and RMS post office at Coimbatore. The drugs procured and exported are Alprazolam, Lorazepam, Nitrazepam, etc. Indisputably, these drugs find place at Serial Nos. 30, 56 and 64 respectively of the Schedule appended to the Narcotic Drugs and Psychotropic Substances Act ... 8. Chapter VI of the Rules deals with import, export and transshipment of narcotic drugs and psychotropic substances. Rule 53 provides for general prohibition. Rule 58 provides that subject to Rules 3 and 53A, no narcotic drugs, or psychotropic substances specified in the Schedule of the Act, shall be exported out of India without an export authorization in respect of ...

Dec 03 2007

Sanjay Kumar Kedia Vs. Narcotics Control Bureau and Anr.

  • Decided on : 03-Dec-2007

Court : Supreme Court of India

Reported in : 2008(221)ELT20(SC); (2008)2SCC294; 2007AIRSCW7902; 2008(2)SCC294; (2008)1SCC(Cri)346; 2008(1)Crimes26; 2008(2)KCCR865;

... Narcotics Control Bureau (NCB) conducted a search at the residence and office premises of the appellant but found nothing incriminating. He was also called upon to appear before the NCB on a number of occasions pursuant to a notice issued to him under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act ... Act, 1956. On 1.2.2007 officers of the Narcotics Control Bureau (NCB) conducted a search at the residence and office premises of the appellant but found nothing incriminating. He was also called upon to appear before the NCB on a number of occasions pursuant to a notice issued to him under Section 67 of the Narcotic Drugs and Psychotropic Substances Act ... Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the 'Act') and was ultimately arrested and the bank accounts and premises of the two companies were also seized or sealed. On 13.3.2007 the appellant filed an application for bail in the High Court which was dismissed on the ground that a prima facie case under Sections 24 and 29 of the Act ...

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