These NDPS connected questions are helpful for investigators, criminal practitioners, judicial officers and Job aspirants.
Narcotic Drugs and Psychotropic Substances Act, 1985—Section 8/21(b)—Recovery of smack powde- the alleged narcotic powder seized from the possession of the accused, including the Appellant was never produced before the trial court as a material exhibit and once again there is no explanation for its nonproduction. There is, thus, no evidence to connect the forensic report with the substance that was seized from the possession of the Appellant or the other accused.
Whether it is must for officers of gazetted rank to comply with Sec 42 OR analyse Sec 41 & 42 of NDPS Act
G. Srinivas Goud Versus State of ANDHRA PRADESH-Narcotic Drugs and Psychotropic Substances Act, 1985—Section 41(2)—Search and seizure—Authorisation—Officer of gazetted rank can either himself make arrest or conduct search or authorise an officer subordinate to him.
Amarsingh Ramjibhai Barot Versus State of Gujarat-NDPS- Narcotic Drugs and Psychotropic Substances Act, 1985—Section 21(a)(b)(c), Section 2(vii a) and 2(xxiii a)—Manufactured drug—”Small quantity” and “commercial quantity”—By notification dated 19.10.2001 Central Government categorized manufactured drug weighing 5 gms as “small quantity” and 250 gms as “commercial quantity”
NDPS-This Court in Gurbax Singh vs. State of Haryana (2001) 3 SCC 28 held that these provisions are not mandatory provisions and they are only directory. In the present case, we do not find any serious violation of these provisions. The prosecution adduced evidence to prove that these provisions have been substantially complied with and the Sessions Judge discussed these matters in detail and accepted the prosecution case.
Commercial quantity, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette
All offences under this Act which are punishable with imprisonment for a term of more than three years shall be triable only by the Special Court constituted for the area in which the offence has been committed or where there are more Special Courts than one for such area, by such one of them as may be specified in this behalf by the Government;
Factors to be taken into account for imposing higher than the minimum punishment U/s 32-B of NDPS Act
Where a minimum term of imprisonment or amount of fine is prescribed for any offence committed under this Act, the Court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine
31-A. Death penalty for certain offences after previous conviction . (1) Notwithstanding anything contained in section 31, if any person who has been convicted of the commission of, or attempt to commit, […]
The presumption against the accused of culpability under Section 35, and under Section 54 of the Act to explain possession satisfactorily, are rebuttable. It does not dispense with the obligation of the prosecution to prove the charge beyond all reasonable doubt.
TADA-The principle of legislative classification is an accepted principle whereunder persons may be classified into groups and such groups may differently be treated if there is a reasonable basis for such difference or distinction.