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1 - 10 of 44 (0.50 seconds)The Drugs And Cosmetics Act, 1940
Section 2 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Section 80 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
U.O.I. & Anr vs Sajeev V. Deshphande on 12 August, 2014
13. However, we are unable to agree on the conclusion reached
by the High Court for reasons stated further. First, we note that
Section 80 of the NDPS Act, clearly lays down that application of
the Drugs and Cosmetics Act is not barred, and provisions of the
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NDPS Act can be applicable in addition to that of the provisions
of the Drugs and Cosmetics Act. The statute further clarifies
that the provisions of the NDPS Act are not in derogation of the
Drugs and Cosmetics Act, 1940. This Court in Union of
India v. Sanjeev V. Deshpande [Union of India v. Sanjeev V.
.
Section 37 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
E. Micheal Raj vs Intelligence Officer, Narcotic ... on 11 March, 2008
drug seized would be relevant to determine the
quantum of punishment and not just the pure drug
content. Thus, considering the legislative
intervention after E. Michael Raj (supra) and the
judicial overruling of E. Michael Raj (supra) by Hira
Singh (supra), any argument that only the weight of
pure L.S.D. is relevant to determining the quantum
of punishment, would not sustain.