NDPS-Section 21(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985-where Court imposes a punishment higher than minimum relying on an irrelevant factor and no other factor as enumerated in Section 32B(a to f) are present award of sentence higher than minimum can be interfered with.
A parallel may be drawn between the provisions of Section 67 of the NDPS Act and Sections 107 and 108 of the Customs Act and to a large extent Section 32 of […]
06-12-1989-N.D.P.S. Act is a special Act dealing with special class of crimes which is an international menace. Therefore the Legislature in its wisdom has enacted certain special provisions affecting the powers of […]
September 05, 2018: Section 42 OF NDPS ACT-An empowered officer under Section 42(1) is obligated to reduce to writing the information received by him, only when an offence punishable under the Act has been committed in any building, conveyance or an enclosed place, or when a document or an article is concealed in a building, conveyance or an enclosed place. Compliance with Section 42, including recording of information received by the empowered officer, is not mandatory, when an offence punishable under the Act was not committed in a building, conveyance or an enclosed place. Section 43 is attracted in situations where the seizure and arrest are conducted in a public place, which includes any public conveyance, hotel, shop, or other place intended for use by, or accessible to, the public-CONVICTION UPHELD.
AIR 2009 SC 3214 : (2009) 12 SCR 611 : JT 2009 (11) SC 516 : (2009) 10 SCALE 659 : (2009) CriLJ SC 4123 (SUPREME COURT OF INDIA) Sarju alias Ramu […]
Sukhdev Singh Vs. State of Haryana [ALL SC 2012 DECEMBER] [Mandatory Compliance U/s 42 of the NDPS Act [Supreme Court Directions]
SUPREME COURT OF INDIA Sukhdev Singh Vs. State of Haryana If the information was received when the police officer was in the police station with sufficient time to take action, and if […]
36. Constitution of Special Courts— (1)The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary […]
KEYWORDS:-PAROLE-NDPS DATE:-12-10-2000 Parole did not amount to the suspension, remission or commutation of sentences which could be withheld under the garb of S. 32-A of the Act. AIR 2000 SC 3203 : […]
KEYWORDS:-NDPS- DATE-April 27, 2018 “Since the non-compliance of the mandatory procedure prescribed under Section 50 of the NDPS Act is fatal to the prosecution case and, in this case, we have found […]
LAW LIBRARY UPDATED UP TO 2018 Arif Khan @ Agha Khan Vs. State of Uttarakhand  Dadu @ Tulsidas Vs. State of Maharashtra Dr. Subhash Kashinath Mahajan Vs. State of Maharashtra Durgo […]
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 41. Power to issue warrant and authorisation.— (1) A Metropolitan Magistrate or a Magistrate of the first class or any Magistrate of the second-class specially […]
KEYWORDS:- NDPS-statement of official witness-ACQUITTAL – DATE :- February 01, 2018 When the statement of official witness is impaired due to infirmities, it is not safe to place reliance upon the same and […]
KEYWORDS:- Quantum of sentence-Poverty Considering the circumstances placed before us on behalf of the appellant-accused viz. they are very poor and have to maintain their family, it was their first offence and […]
THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 Chapter VA Forfeiture of Illegally Acquired Property [68A-68Z] 68A. Application.— (1) The provisions of this Chapter shall apply only to persons specified in sub-section (2). (2) The […]