Pdf on apr 1, 20, satyakam mohapatra and others published current status of the narcotic drugs and psychotropic substances ndps act find, read and cite all the research you need on. Narcotic drugs and psychotropic substances ndps act,1985. Notwithstanding anything contained in the indian evidence act, 1872 1 of 1872 or the code of criminal procedure, 1973 2 of 1974, every court trying an offence under this act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under sub section 2 and certified by the. Section 9 of the ndps act, 1985 department of revenue, ministry of finance, government of india 4. Pdf current status of the narcotic drugs and psychotropic. In a recent judgment the supreme court appears to have rewritten the law on section 50 of the narcotic drugs and psychotropic substances act, 1985 ndps act by holding that section 50. In section 42 of the principal act, in subsection 1, in the proviso, for the words provided that, the following shall be substituted, namely. Jul 10, 2018 in a recent judgment the supreme court appears to have rewritten the law on section 50 of the narcotic drugs and psychotropic substances act, 1985 ndps act by holding that section 50. In section 52 a of the principal act, a for sub section 1, the following sub section shall be substituted, namely. Department of revenue functions under the overall direction and control of the secretary revenue. An act to consolidate and amend the law relating to arms and ammunition. Application of section 360 of the code of criminal procedure, 1973 and of the probation of offenders act, 1958. Judgments of supreme court of india on narcotic drugs and.
Seizure, freezing and forfeiture of property under the ndps act. He referred to the provisions of section 52 a of the ndps act to submit that in a case of destruction of contraband goods the procedure as laid down in subsection 2 of section 52 a of the act has to be followed and in case of destruction, the inventory prepared at the time before destruction and the photographs of the narcotic drugs and. General principles of care and protection of children. Doesnt require internet connection to view them view data section wise chapter wise advanced user friendly search for any keyword within sectionchapter ability to view favourite sections resize the font for better readability ability to add notes to each section users can save note, search note, share note with friendscolleagues. Arrest, search and seizure under ndps act procedural. Judgments of supreme court on narcotic drugs and psychotropic substances act, 1985.
Apex courts direction about seizure, storage and disposal of. Sep 04, 2018 doesnt require internet connection to view them view data section wise chapter wise advanced user friendly search for any keyword within section chapter ability to view favourite sections resize the font for better readability ability to add notes to each section users can save note, search note, share note with friendscolleagues. Analysis of the narcotic drugs and psychotropic substances. 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. However, it is necessary to understand that this act has evolved over the years, and has been amended thrice. The narcotic drugs and psychotropic substances act 1985 youtube. Provided that in respect of holder of a licence for manufacture of manufactured drugs or psychotropic substances or. Substituted for section 15 to section 25 both inclusive, section 27a, section 28 or section 29 by ndps amendment act, 2001, w. Judgments of honble supreme court on narcotic drugs and psychotropic substance act, 1985. Section 52a in the narcotic drugs and psychotropic substances. Salient features of the narcotic drugs and psychotropic.
Disposal of seized narcotic drugs and psychotropic. Be it enacted by parliament in the tenth year of the republic of india as follows chapter i preliminary 1. This section was included in the ndps act via the 2001 amendment. Complete list of sections of income tax act, 19612019 aubsp. Sep, 16 1985 narcotic drugs and psychotropic substances ndps act,1985 hindi. Introduction ndps act, as it is known popularly, is meant to face a very important social problem. Sep 22, 2018 clause viia relettered as clause viid thereof by act 9 of 2001, s. Amendments in narcotic drugs and psychotropic substances. Disposal of narcotic drugs and psychotropic substances. Security for abstaining from commission of offence. Juvenile justice care and protection of children act, 2015.
Mahaboob alam, 2004 scccri 912it was held that though the court has the power of granting bail pending appeal in spite of the language of section 37 of the ndps act, the same should be done only and strictly subject to the conditions spelled out in section 37 of the act. Standard operating procedures to be followed in ndps cases. Section 52 a of the narcotic drugs and psychotropic substances ndps. Narcotic drugs and psychotropic substances ndps act, 1985. Section 52a in the narcotic drugs and psychotropic. To sum up, there is violation of sections 422, 501, 52 2, 55 and 57 of the ndps act and section 165, cr. The narcotic drugs and psychotropic substances act part2. Jan 16, 2015 dated january 16, 2015 copy of notification.
For understanding the overall concept of income tax law in india, one should have to know the title or contents topics covered under sections 1 to 298 of income tax act, 1961 as amended by the. Punishment for offence for which no punishment is provided. The main intention behind the enactment of the act was that till date there was no separate law for handling cases in connection with the explicit usage of drugs and other deadly substances enacted in india. Acts and rules department of revenue ministry of finance. Ndps act as regards seizurestoragedestruction of drugs. Narcotic drugs and psychotropic substances act, 1985. Section 52a in the narcotic drugs and psychotropic substances act, 1985. Act it has been held by the honble supreme court in sukhdev singh vs. It exercises control in respect of matters relating to all the direct and indirect union taxes through two statutory boards namely, the central board of direct taxes cbdt and the central board of excise and customs cbec. Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12. Clause viia relettered as clause viid thereof by act 9 of 2001, s. Power to add to or omit from the list of psychotropic substances. In section 2 of the narcotic drugs and psychotropic substances act, 1985 hereinafter referred to as the.
Appeal by special leave was preferred by the appellant for non. Magistrates issuing certificates as to the correctness of the inventory. If the police officer is an empowered officer then from that stage on ward he should observe the procedure under ndps act. Placement of person, who cease to be a child during process of inquiry. Companies appointment and qualification of directors second amendment rules, 2020.
High court dismissing the petition upholds the decision of the trial court. Section 52a in the narcotic drugs and psychotropic substances act. General principles to be followed in administration of act. Framing rules to regulate various activities indicated in section 10 of the ndps act, 1985 state governments 5. Pdf judgments of supreme court on narcotic drugs and. Narcotic drugs and psychotropic substances act,1985. 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. One of the strategies to fight drug trafficking is denying the traffickers the fruits of their trafficking. Whenever any person makes any arrest or seizure under this act, he shall, within 48 hours of such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate superior official as per the mandatory requirement of sec.
Basics of the narcotic drugs and psychotropic substances act 1985. Pc and for all these reasons though there are strong circumstances against the accused and there may be chances that they were carrying opium illegally yet the proof fall short than required in absence of checks and the accused. Narcotic drugs and psychotropic substances ndps act,1985 hindi for latest judgments please click here. Disposal of seized narcotic drugs and psychotropic substances. It punishes contravention of any provision of the act or any rule or order made, for manufacturing, possessing, sale, purchase, transport and imports and exports inter state any psychotropic substance. In cases of chance recovery during normal investigation by a police officer, section 50 would not apply. Punishment for contravention of orders made under section 9a. Oct, 2018 the narcotic drugs and psychotropic substances act 1985 dr.
Section 52a as amended by act 16 of 2014, deals with disposal of. If he is not an empowered officer then he should inform. Short title, extent and commencement1 this act may be called the arms act, 1959. Rewriting the law on search under section 50 of the ndps act. Notice format under section 8 negotiable instruments act. The narcotic drugs and psychotropic substances act, 1985. Placement of persons, who committed an offence, when person was below the age of. The narcotic drugs and psychotropic substances act 1985 dr. Narcotic drugs and psychotropic substances act section 53.
When any officer duly authorised under section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest gazetted officer of any of the departments mentioned in section 42 or to the nearest magistrate. As far as compliance with the provisions of section 57 of ndps act is. The narcotic drug and psychotropic substance act of 1985 dr. Notwithstanding anything contained in the indian evidence act, 1872 1 of 1872 or the code of criminal procedure, 1973 2 of 1974, every court trying an offence under this act, shall treat the inventory, the photographs of narcotic drugs or psychotropic substances and any list of samples drawn under subsection 2 and certified by the. Punishment for illegal import in to india, export from india or transhipment of narcotic drugs and psychotropic substances. Licensing and supervision of cultivation of opium poppy central bureau of. The fund shall be applied by the central government to meet the expenditure incurred in connection with the measures taken for combating illicit traffic in, or controlling abuse of, narcotic drugs and psychotropic substances for all or any of the purposes specified in subsection 1 of section 71 of the act. 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. Section 50 in the narcotic drugs and psychotropic substances.
Whenever any person makes any arrest or seizure under this act, he shall, within 48 hours of such arrest or seizure, make a full report of all the particulars of such arrest or seizure to his immediate superior official as per. Narcotic drugs and psychotropic substances ndps act,1985 hindi no. Section 50 of the ndps act to inform the suspect of his right under section 50 to be searched in the presence of a gazetted officer or a magistrate warranting strict compliance of that procedure. Seizure, freezing and forfeiture of property under the ndps act drug offences, unlike most other offences, are committed only with profit motive.
Punishment for external dealings in narcotic drugs and psychotropic substances in contravention of section 12 25. Arrest, search and seizure under ndps act procedural safeguards. All persons arrested shall be kept in police lockupsjudicial lockups under proper. The narcotic drugs and psychotropic substances act 1985. Mufeeth khan msnpsychiatry, mba, md alternative medicine 2. Notice under section 8 should be issued within one month of the bounce of the cheque.
Dated february 5, 2015 copy of notification in exercise of the powers conferred by section 9, read with section 76 of the narcotic drugs and psychotropic substances act, 1985 61 of 1985, the central government hereby makes the following rules further to amend the narcotic drugs and psychotropic substances rules, 1985, namely. Provided that in respect of holder of a licence for manufacture of manufactured drugs or psychotropic substances or controlled substances granted under this act or any rule or. We are of the view that noncompliance of this mandatory procedure has vitiated the entire proceedings initiated against the accusedappellant. 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. The narcotic drugs and psychotropic substances act, popularly known as ndps act, came into force on 14 th november 1985. Jun 20, 20 he referred to the provisions of section 52 a of the ndps act to submit that in a case of destruction of contraband goods the procedure as laid down in subsection 2 of section 52 a of the act has to be followed and in case of destruction, the inventory prepared at the time before destruction and the photographs of the narcotic drugs and.
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