Judgments of supreme court of india on narcotic drugs and. State of uttaranchal in regard with the section 50 of the narcotic drugs and psychotropic substances act, 1985 hereinafter ndps act. Oct 07, 2019 state of uttaranchal in regard with the section 50 of the narcotic drugs and psychotropic substances act, 1985 hereinafter ndps act. Search and recovery can only be effected under ndps act in.
Briefly stated, the facts of the case are as under. Factors to be taken into account for imposing higher than the minimum punishment. The narcotic drugs and psychotropic substances amendment act, 2014 act no. In a period of less than a year around 14, 564 people got arrested under the ndps act in punjab with almost one. The narcotic drugs and psychotropic substances act, 1985 61 of 1985 141 an act 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, to provide for the forfeiture of property derived from, or used in illicit traffic in narcotic drugs and psychotropic. An overview on narcotic drugs and psychotropic substances act. Subject to the provisions of section 8, the central government may, by rules, permit, regulate and prescribe any other matter requisite to render effective the control of nd.
The customs team requested two persons amongst the persons who were present at the spot of. Further, section 8 of the ndps act, articulates that no person shall produce, possess, sell. Subject to the provisions of section 8, the cintral govemment may, by rules. Effective laws are a necessity to fight the nuisance associated with drugs. Oct 30, 2012 section 15 of the ndps act speaks about punishment for contravention in relation to poppy straw. If he is not an empowered officer then he should inform. Ndps act views drug offences very seriously and penalties are stiff. The ndps act divides the powers and responsibility of regulation of licit activities. As per sub section a where the contravention involves small quantity, the rigorous imprisonment may extend to six months or with fine which may extend to ten thousand rupees or with both whereas under sub section b where the contravention involves quantity lesser than commercial quantity but.
Section 15 of the ndps act speaks about punishment for contravention in relation to poppy straw. The narcotic drugs and psychotropic substances ndps act came into force on november 14, 1985, and has become the statute under which all cases relating to possession, consumption, and sale of narcotic drugs are prosecuted. What is the punishment for possession of illegal drugs and. In cases of chance recovery during normal investigation by a police officer, section 50 would not apply. As per subsection a where the contravention involves small quantity, the rigorous imprisonment may extend to six months or with fine which may extend to ten thousand rupees or with both whereas under sub section b where the contravention involves quantity lesser than commercial. The high court have held that the presence of the magistrate. The narcotic drugs and psychotropic substances amendment act, 1988 act no. The protection of children from sexual offences act. Ncb was constituted by the central government in 1986 under section 43 of the ndps act to inter alia, coordinate all measures for preventing and combating abuse of and illicit traffic in narcotic drugs and psychotropic substances, in connection with implementation of the provisions of the ndps act.
Narcotic drugs and psychotropic substances ndps act, 1985. Indias driving against antidrug law endorses firm punishments for drug traffickers and rehabilitation for the users. Section 15 of the ndps act speaks about punishment for. Arrest, search and seizure under ndps act procedural. General principles to be followed in administration of act. One schedule giving the list of psychotropic substances. Narcotic drugs and psychotropic substances act,1985. Search and recovery can only be effected under ndps act in presence of magistrate or gazetted officer. Sep, 16 1985 narcotic drugs and psychotropic substances ndps act,1985 hindi. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12. Horticultural purposes is not defined anywhere and is open to interpretation.
Narcotic drugs and psychotropic substances act, 1985 bare. An act 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 1 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. The ndps act it is also possible for the central and state governments to notify any new class of officers of any department to enforce. Section 230 of the indian contract act, 1872 categorically makes it clear that an agent is not liable for the acts of a disclosed principal subject to a contract of the contrary.
An overview on narcotic drugs and psychotropic substances act, 1985. Salient features of the narcotic drugs and psychotropic. Punishment for contravention in relation to cannabis plant and cannabis. Placement of person, who cease to be a child during process of inquiry. Subject to the provisions of section 8, the central government may, by rules, permit. Having regard to the settled position in law and having regard to the scheme of the provisions of section 104 of the customs act and section 42 of th ndps act it is high time that the investigating officers realise that the moment the accused was apprehended and put under complete control of the investigating officer with absolute restrictions. Substantive provisions of the act are contained in chapter 3 dealing with prohibition, control and regulation of certain activities. Narcotic drugs and psychotropic substances act, 1985. High court dismissing the petition upholds the decision of the trial court. Section 412 proviso to section 421 and section 50 have to be mandatorily complied with. Judgments of honble supreme court on narcotic drugs and psychotropic substance act, 1985. Placement of persons, who committed an offence, when person was below the age of eighteen years. Section 20 in the narcotic drugs and psychotropic substances.
Section 9 of the act has listed various activities which the. An appeal was made to the high court that there was non compliance of section 50 of the act which is fatal to the prosecution. In section 18 of the principal act, in clause a, for the words six months, the words one year shall be substituted. In this case, it was held that though bhang is excluded from the definition of cannabis under the ndps act yet it fall within the definition of cannabis plants and as such its cultivation is punishable under section 20 a read with 20 b i of the act.
Application of section 360 of the code of criminal procedure, 1973 and of the probation of offenders act, 1958. Whoever, in contravention of any provisions of this act or any rule or order made or condition of licence granted thereunder. Narcotic drugs and psychotropic substances act, 1985 wikipedia. In section 20 of the principal act, in clause b, in subclause ii, in item a, for the words six months, the words one year shall be substituted. However, it is necessary to understand that this act has evolved over the years, and has been amended thrice. Security for abstaining from commission of offence. In section 20 of the principal act, in clause b, in sub clause ii, in item a for the words six months, the words one year shall be. For many offences, the penalty depends on the quantity of drug involved small quantity, more than small but less than commercial quantity or commercial quantity of drugs. In section 20 cases the prosecution must establish by cogent and reliable evidence. The ndps act lays down the procedure for search, seizure and arrest of. The quantum of sentence and fine varies with the offence. Section 14 cultivation of any cannabis plant for industrial purposes only of obtaining fibre or seed or for horticultural purposes. Punishment for offences department of revenue ministry of. Narcotic drugs and psychotropic substances ndps act,1985.
The narcotic drugs and psychotropics substances act. If the police officer is an empowered officer then from that stage on ward he should observe the procedure under ndps act. Appeal by special leave was preferred by the appellant for non. Punishment for illegal import in to india, export from india or transhipment of narcotic drugs and psychotropic substances. The narcotic drugs and psychotropic substances act 1985 youtube. Jan 08, 2019 subject to the provisions of section 8, the central government may, by rules, permit, regulate and prescribe any other matter requisite to render effective the control of nd. Narcotic drugs and psychotropic substances act, 1985, section 37 recovery of 60 kgs of ganja from three accused persons bar of section 37 of ndps will not apply bar of section 37 of the ndps act is not applicable in case of recovery of less than 20 kg of ganja, meaning thereby, that 60 kg of ganja recovery from three persons, i. Arrest, search and seizure under ndps act procedural safeguards. An overview on narcotic drugs and psychotropic substances. In section 18 of the principal act, in clause a, for the words six months, the words one yea r shall be substituted. India passed the narcotic drugs and psychotropic substances act, ndps act in 1985 which was consequently amended in 1989, 2001 and recently, in 2014. The narcotic drugs and psychotropic substances act 1985. No such requirement as contemplated under sections 41 or 42.
Nothing contained in section 360 of the code of criminal procedure, 1973 2 of 1974 or in the probation of offenders act, 1958 20 of 1958 shall apply to a person convicted of an offence under this act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or. Narcotic drugs and psychotropic substances act section 53. Section 20 in the narcotic drugs and psychotropic substances act, 1985. These are re inforced by provisions relating to offenses and penalties in chapter 4. Criminal procedure code, 1973, section 439, narcotic drugs and psychotropic substances act, 1985, section 22c, 8 c, 20 biia, 29, 37 bail recovery of charas, ganja and lsd stamps certified copies of arrest memo shows search and seizure doubtful arrest memo of accused reveals that they were arrested at 3. The narcotic drugs and psychotropic substances act, 1985.
The admissibility of the contraband substance under section 50 of the ndps act is covered with a blanket of complexities. This appeal has been filed by the appellant against judgment dated 06. The narcotic drugs and psychotropic substances act, 1985, commonly referred to as the ndps act. This is the stance with regard to the relation between section 25 of the indian evidence act and section 67 of the ndps act.
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