AI Overview...
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Controlled Substance Definition - As per the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, a Controlled Substance is any substance that the Central Government may declare as such, based on its potential use in the production or manufacture of narcotic drugs or psychotropic substances. This definition is provided in Section 2(viid) of the Act, which allows the government to notify substances as controlled through official gazette notifications, considering available information and international conventions Karuthan Ponnaiya VS Senior Intelligence Officer State Of Kerala, Rep. By The Special Public Prosecutor - Kerala, Bobba Venkat Reddy VS Senior Intelligence Officer, Directorate of Revenue Intelligence Hyd. - Andhra Pradesh, Sunil VS State of M. P. - Madhya Pradesh, Asvarali VS Union of India - Allahabad.
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Legal Framework and Regulations - The NDPS Act empowers the Central Government to regulate and control these substances, including defining quantities (such as commercial quantity) and establishing regulations for possession, transport, and manufacture V. Packiakumar VS Central Rep. by The Intelligence Officer, Chennai - Madras, Merry Lal Tan Tluang and Another VS Narcotics Control Bureau , New Delhi - Allahabad, VED PRAKASH GOEL VS COMMISSIONER, CENTRAL BUREAU OF NARCOTICS - Delhi.
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Specific Substances - Substances like Ephedrine and Acetic Anhydride are classified as controlled substances under the Act, even if they are not narcotic drugs or psychotropic substances themselves. Their control is linked to their potential use in manufacturing narcotics like heroin Karuthan Ponnaiya VS Senior Intelligence Officer State Of Kerala, Rep. By The Special Public Prosecutor - Kerala, Deepak Kumar Singh VS Union of India - Allahabad.
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Legal Consequences - The possession, transport, or manufacture of controlled substances without proper authorization constitutes an offense under the Act, with prescribed punishments. The definitions and regulations are crucial for enforcement and legal proceedings Merry Lal Tan Tluang and Another VS Narcotics Control Bureau , New Delhi - Allahabad, Asvarali VS Union of India - Allahabad.
Analysis and Conclusion
The term Controlled Substance under Indian law is defined in Section 2(viid) of the NDPS Act, 1985. It encompasses any substance declared by the Central Government through notifications in the Official Gazette, based on its potential for use in illicit drug manufacturing or other regulated activities. This flexible definition allows the government to regulate a broad range of substances, including precursors like Ephedrine and Acetic Anhydride, which are not narcotics themselves but are controlled due to their possible application in drug synthesis.
Search Results for "Controlled Substance is Defined under"
2012 0 Supreme(Ker) 590 • India - Kerala
N.K.BALAKRISHNAN
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 25A - "Ephedrine" is a controlled substance-The fact of rigor is not ... 'Controlled substances' is defined in Section 2(viid) as: ... "In this Act, unless the context otherwise requires,-'Controlled Substance' means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture ... It is alleged that the....
2002 0 Supreme(Cal) 186 • India - Calcutta
DEBIPRASAD SENGUPTA, MALAY KUMAR BASU
The seized commodity (Ephedrine) was a 'controlled Substance' and was neither a Narcotic Drug nor a Psychotropic Substance. ... NDPS ACT - SECTION 37 - BAIL - APPLICABILITY - CONTROLLED SUBSTANCE - COMMERCIAL QUANTITY - SECTION 167(2) CR.P.C. - STATUTORY ... substance. ... "commercial Quantity" has been defined in section (2) (VII-a) and it relates to only Narcotic Drugs and Psychotropic Substances. Mr. Bose points out that in the present case the article seized is a ....
2023 0 Supreme(Mad) 2786 • India - Madras
G. CHANDRASEKHARAN
substance' under Section 2(7)(b) of the NDPS Act, the power of the Central Government to regulate controlled substances under Section ... substances and the large quantity seized raised concerns about the potential use of the controlled substance in the manufacture ... substance,' the power of the Central Government to regulate controlled substances, and the prohibition of activities related to ... The term “controlled#HL_....
2018 0 Supreme(AP) 549 • India - Andhra Pradesh
B.SIVA SANKARA RAO
As, "Controlled Substance" is defined in Section 2 (Viid) of the Act by the said amendment in 1989, to mean any substance which the Control Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or ... to the provisions of any International convention, by notification in the Official Gazette, declare to be a controlled substance. ... Here, there is possession of th....
1996 0 Supreme(MP) 862 • India - Madhya Pradesh
J.G.CHITRE
(1) Narcotic Drugs and Psychotropic Substances Act, 1985 -- Ss. 8/21 and 2 -- drug or substance not falling under the definition ... Convention, by notification in the Official Gazette, declare to be a controlled substance. ... ... (vii) (a) of S. 2 -- "controlled substance" means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances#HL_EN....
2000 0 Supreme(Del) 456 • India - Delhi
CYRIAC JOSEPH
" ... "controlled substance" has been defined in Section 2 (viia) of the N. D. P. S. Act. ... It is true that acetic-anhydride is not a narcotic drug or psychotropic substance and that it is only a controlled substance. ... Puram, New Delhi immediately regarding any loss or disappearance of the controlled substance under his control. Clause 4 of the said Order contains the regulations regarding transport of controlled subs....
2016 0 Supreme(All) 4123 • India - Allahabad
HARSH KUMAR
in the production of Heroin, and the commercial quantity of the controlled substance. ... Act, 1985 and the 2013 Order, and the potential use of the controlled substance in the production of Heroin. ... Act, 1985, the 2013 Order, and the definition of controlled substances. ... From above position of provisions of Act and Controlled Order with regard to Acetic Anhydride, it is absolutely clear that Acetic Anhydride had been defined as a con....
2013 0 Supreme(All) 2437 • India - Allahabad
RAMESH SINHA
minimum punishment for controlled substances. ... substances under Section 2(viid), the power to control and regulate controlled substances under Section 9-A, and the mandatory provision ... Issues: Non-compliance with legal provisions, voluntariness of statements, involvement in the transportation of controlled ... As per the Narcotic Drugs and Psychotropic Substances Act Controlled Substances have been defined under Section 2 (vi....
2021 0 Supreme(SC) 166 • India - Supreme Court
D. Y. CHANDRACHUD, M R SHAH
‘(3) Notwithstanding any other provision of this title, a rule barring the employment of an individual who currently and knowingly uses or possesses a controlled substance, as defined in schedules I and II of section 102(6) of the Controlled Substances Act (21 U.S.C. 802(6)), other ... than the use or possession of a drug taken under the supervision of a licensed health care professional, or any other use or possession authorized by the Controlled Substances Act or a....
2013 0 Supreme(All) 1898 • India - Allahabad
JAYASHREE TIWARI
substances under section 2(viid), the power to control and regulate controlled substances under section 9A, and the punishment for ... The prosecution's report supported the recovery of controlled substances from the applicant's possession. ... Finding of the Court: The court found that the recovery of controlled substances from the accused applicant's possession ... Control substances is defined in section 2 (viid) of the NDPS Ac....
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