1. State Of Gujarat VS Suhrid Geigy LTD. - 10 Dec 96
To render a medicinal preparation dutiable, it must include some substance, other than a medicinal preparation, that possesses the properties of producing drowsiness, sleep, stupefaction or insensibility and that substance needs to be identified.
drug or narcotic u/s 2(h)-To be dutiable, a medicinal preparation must contain a narcotic drug or a narcotic -It must include some ... Excise Duty-Medicinal and Toilet Preparations (Excise Duties) Act, 1955-Section 2(h)- Narcotic drug or narcotic -Definition of-A ... drug or narcotic under Section 2(h). ... The definition of "narcotic drug" and "narcotic" in clause (h) reads thus : "(h) "narcotic drug" or "narcotic ... drug or narcotic". ... drug or a narcotic.
India - Supreme Court
2. Mohammad Jahangirkhan Pathan VS State of Gujarat - 01 Mar 94
When the Prosecution has failed to connect the accused with the recovery of charas, conviction recorded u/s. 20(b)(ii) of the NDPS Act, is not legally sustainable.
Observations made regarding the process of investigation and the duties of police in such serious offences under the Narcotic Act ... In such case, under the Narcotic Act, in order to, connect the accused with the crime alleged against him, the prosecution is required ... accused at the time of his search by the Police Officer and which ultimately case to be identified, analysed and found to be the Narcotic ... Drugs & Psychotropic Substances Act, 1985 (for short "Narcotic Act") was sentenced to undergo R.I. for 10 years and to pay a fine ... Mehsana, wherein he at the end of trial on coming to be convicted for the alleged offence punishable under Sec. 20(b) (ii) of the Narcotic ... Since the narcotic offences
India - Crimes
3. SUNIL VS STATE - 11 Dec 09
(i) Narcotic Drugs Psychotropic Substances Act Section (iii) (a) - Charas - Held that the stuff to fall in the category of Charas, should be resin of cannabis plant only or the concentrated preparation and resign known as hashish oil or liquid hashish - In other words, in the definition of Charas other parts of plant, like flowering and fruiting tops, leaves, or stem of cannabis plant are excluded. (Para - 5) (ii) Narcotic Drugs Psychotropic Substances Act Section (iii) (b) - Ganja - Flowering and fruiting tops of Cannabis plant have been defined to mean Ganja and when seeds and leaves of the plant accompany such flowering or fruiting tops, they also form part of Ganja.(Para -6) (iii) Narcotic Drugs Psychotropic Substances Act - 2 (iii) (c) - Mixture of Cannabis - Held that when Charas i.e. resin and or Ganja i.e. flowering, fruiting tops of Cannabis plant, are mixed, with or without neutral meterial, they fell in the category of mixture of cannabis (hemp), as defined in Section 2 (iii) (c) of the Act.(Para -7) (iv) Narcotic Drugs Psychotropic Substances Act – S/ss 2 vii (a) and 2 xxiii (a) - Charas -Ganja - Ministry of Finance, Department of Revenue, vide notification No. S.O. 527(E), dated 16th July, 1996 under clauses vii (a) and xxiii(a) of section 2 of the Act- Small and commercial quantities of Charas and hashish, which are referred to in entry No. 23 small quantity is less than 100 grams and commercial quantity is above 1 kg. In respect of Ganja, the small quantity is less than 1000 grams and commercial quantity is more than 20 kgs, per entry 55.(Para-S)(v) Narcotic Drugs Psychotropic Substances Act Section (iii) (a) - Charas -Held that tetrahydrocannabinol will be found even in the leaves, stem, seeds and the flowering and fruiting tops of cannabis plant - But resin is- Charas , when it is separated from the plant or its aforesaid parts. Presence of resin in the aforesaid parts does not make such parts charas nor is the resin in such ,parts Charas, unless separated in view of definition in Section-2 (iii) (a) of the Act. (Para -6)(vi) Narcotic Drugs Psychotropic Substances Act 'Section (iii) (a) - Charas - Ganja or mixture - Bhang- Held that specific category of a Cannabis product, like Charas, ganja or mixture as defined in Section 2 (iii) of the Act, or anything, like bhang etc. can also be determined, with reference to the percentage of tetrahydrocannbinol in the stuff - According to Parikh's Textbook of Medical Jurisprudence, Forensic Medicine and Toxicology, In the case of:(a) Bhang: It is 15 percent (b) Ganja : It is about 25 percent (c) Charas: It is between 25 and 40 percent.(vii) Narcotic Drugs Psychotropic Substances Act Section (iii) - Cannabis (hemp) Bhang: Held that the leaves and seeds of Cannabis plant are not included either in the definition of Charas or Ganja and are rather specifically excluded from the definition of Ganja unless accompany the flowering and fruiting tops of the plant Further observed that finally green leaves of Cannabis pressed into mass would also give a look similar to that of Charas - Possession of which is not an offence.(Paras 30 & 16) WORDS AND PHRASES Narcotic Drugs Psychotropic Substances Act Section (iii) clauses, a,b & c - Marijuana - Drug - Means the dried leaves and flowering tops of the pistillate hemp plants that are the source of the drug cannabin and are sometimes smoked in cigarettes with consequent effect of the drug on the higher nerve centres to produce peculiar psychic disturbances - The other words for "Marijuana", are bhang, ganja and hashish. That means "Marijuana" includes not only Charas, ganja and mixture, as defined in clauses (a), (b) & (c) of Section 2(iii) of the Act respectively, but also dried leaves and other parts of cannabis plant - Defined also in (Webster's Third New International Dictionary, Volume II.) (Paras - 19, 23, 24, & 25)
Narcotic Drugs Psychotropic Substances Act Section 20 and 36-B and Criminal Procedure Code S/s .374 -Appeal - Appellants have been ... Narcotic Drugs Psychotropic Substances Act Section-36-B and Criminal Procedure Code SI s 374 Appeal - Grounds of appeal -Question ... Narcotic Drugs Psychotropic Substance Act S/ss 20 and 36-B and Criminal Procedure Code S.374 - Appeal - Analysis of samples• - Cannabinols
India - Himachal Pradesh
4. Md. Abdul VS State of West Bengal - 17 Sep 90
In cases where clause (c) to section 36A(1) of the Narcotic Drugs and Psychotropic Substances Act is attracted, section 167 of the Criminal Procedure Code will apply and in all cases where charge sheet has not been submitted and cognizance of the offence has not been taken by the Special Judge, the provisions of section 167 of the Code have to be complied with.
Intelligence Officer, Narcotic Control Bureau 2.
India - Crimes
5. Dashrathbhai Govindbhai Shah VS State of Gujarat - 06 Feb 98
When narcotic was recovered from a vehicle which was being driven by accused and vehicle was intercepted on prior secret information, provisions of Section 50 NDPS Act would not stand attracted.
(i) Narcotic Drugs & Psychotropic Substances Act, 1985 - Sections 17 and 50 - Conviction challenged on ground of non-compliance of ... from Dicky of two wheeler scooter which appellant No.1 was driving and appellant No.2 was pillion rider - Conscious possession of narcotic ... The question now is whether prosecution has proved that the accused were found in conscious possession of narcotic substance i.e. ... or psychotropic substance, or any residue left of the materials from which any narcotic drug or psychotropic substance has been ... substance, it is presumed that he has committed an offence under Chapter IV in respect of narcotic substance for which he fails
India - Crimes
6. Jayanandan Prasad & Anr. VS State of Assam - 10 Jan 12
procedure of arrest seizure period detention etc provided NDPS act overall spirit would be applicable in investigation and trial narcotic ... Intelligence Officer, Narcotic Control Bureau: (2009) 17SCC 631, the Hon'ble Supreme Court was called upon to examine the pre-conditions ... period of detention etc provided under NDPS act, the overall spirit of CrPC would be applicable in the investigation and trial of narcotic
India - Gauhati
7. Mohamed Syed Mustafa VS Superintendent of Customs, Central Intelligence Unit - 30 Nov 16
may do well by forwarding samples taken from remaining contrabands in custody of Courts for Purity Test to estimate percentage of Narcotic ... We are of the view that when any narcotic drug or psychotropic substance is found mixed ... The State, represented by The Superintendent of Customs, Special Narcotic Cell, Nagercoil ... Therefore, it is clear that the quantity of Narcotic Drug/Psychotropic Substance seized
India - Madras
8. Rajendra Prasad VS Narcotic Cell - 12 Jul 99
India - Madhya Pradesh
9. Matukdhari VS Narcotic Control Bureau - 08 Aug 19
India - Rajasthan
10. M. Veludurain VS State, rep by The Superintendent of Customs, Special Narcotic Cell, Nagercoil - 23 Dec 11
Ratiosa. In a prosecution for an offence under the NDPS Act, when a mixture was seized, in the absence of conducting purity test, it had to be held as small quantity and the benefit of doubt had to be given to the accused.b. In a prosecution for an offence under the NDPS Act, when pure substance was recovered, purity test was not necessary and the actual weight of the substance recovered would decide the quantum.c. In a prosecution for an offence under the NDPS Act, in case of seizure of mixture, when a purity test was not conducted, the trial Court or the appellate Court could pass order to conduct such test and receive the report as evidence.d. In a prosecution for an offence under the NDPS Act, necessity to conduct purity test is not necessary in case of seizure of mixture after 17.11.2009.
(A)Narcotic Drugs and Psychotrophic Substances Act, 1985(61 of 1985)-Sec.2(viia), 2(xxiia), 21-Narcotic substance-Heroine-Possession-Prosecution-Purity-Test-Necessity-Failure-Small ... )-Sec.2(viia), 2(xxiia), 21-Narcotic substance-Heroine-Possession-Prosecution-Purity-Test-Necessity-Failure-Small quantity-Benefit ... ... (B)Narcotic Drugs and Psychotrophic Substances Act, 1985(61 of 1985 ... Narcotic Control Bureau reported in 2008 (5) SCC 161. ... "Whether in the absence of exact quantity/percentage of narcotic drug/psychotropic substance found in the seized contraband, the ... contravention in relation to manufactured drug and preparations, is to be imposed under Section 21(a) or under Section 21(b) of the Narcotic
India - Madras