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1 - 10 of 14 (0.29 seconds)Section 37 in The Narcotic Drugs And Psychotropic Substances Act, 1985 [Entire Act]
Mohd Ahsan vs Customs on 25 June, 2021
In case of Mohd. Ahsan (supra), the Single Bench of Delhi
High Court held in para-22 as follows:-
Hira Singh And Another vs Union Of India And Another on 23 August, 2018
11. Although, it is a fact that in none of the cases, that the Investigating
Officer has not taken any pains, nor the experts or forensic labs have made
any endeavor to make a report regarding exact weight of the contraband
seized from each of applicants. Density of any liquid can be calculated in any
physical laboratory and exact weight can be determined easily which has not
been done apparently. Even in such a case it cannot be said that quantity in
volume of Psychotropic substances seized in different cases cannot be
categorized as small quantity or commercial quantity. It has been observed in
the case of Hira Singh (supra) that statement of objects and reasons and the
preamble of the NDPS Act imply that the Act is required to act as a deterrent
and the provisions must be stringent enough to ensure that the same acts as
deterrents.
Jatin Akash Singh vs State Of Chhattisgarh on 21 June, 2021
In the cases in hand, there is clear evidence with respect to the volume
of liquid seized from each of the applicants, if there had been the scientific
report regarding density of mixture containing Psychotropic substances
available, the exact weight of the seizure of Psychotropic substance in liquid
form could have been determined. In absence of such scientific report the
Courts below have drawn conclusion in accordance with the material available
in each case. One of the least dense liquid is petrol which is about 30% lighter
than water. The cough syrups usually have content of neutral material,
sweetener and the powder etc. of medicinal value in soluble conditions.
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Similarly, the Psychotropic substance is also one of in soluble content which is
present in dissolved condition. Scientifically density of the water which is
regarded as standard measure for comparing the volume with weight i.e. 1ml
being equal to 1gm, increases on mixing of salt, which further increases on
mixing of sugar or other sweeteners, hence, on the basis of this logic it can be
observed that density of cough syrups seized in the instant cases are certainly
not less than density of water in pure form. Therefore, the view adopted by the
coordinate Bench of this Court in Jatin Akash Singh(supra) cannot be regarded
as per incuriam as there is possibility that medicines seized in the liquid form
may be having more density compared to that of pure water.
Section 439 in The Code of Criminal Procedure, 1973 [Entire Act]
Iqbal Singh vs State (Delhi Administration) & Ors on 9 November, 1977
7. Learned counsel for the applicants have relied on the orders of Delhi
High Court in case of Iqbal Singh Vs. State in bail application No.645/2020;
order of Jammu & Kashmir High Court in case of Tanvir Ahmed Rath and
another Vs. Union Territory of Jammu & Kashmir ,2020 SC OnLine J&K
Section 2 in The Railways Act, 1989 [Entire Act]
Gavranjeet Singh @ Gavrana vs State on 1 November, 2017
Reliance has been placed on the judgment of Hon'ble the Supreme
Court in the matter of State of Kerala Etc. Vs. Rajesh Etc., passed in Criminal
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Appeal No(s) 154-157 of 2020 decided on 24-01-2020, AIR 2020 SC 72: 2020
12 SCC 122. Reliance has been further placed on the judgment of the High
Court of Rajasthan in the matter of Gavranjeet Singh @ Gavrana Vs. State,
2017 SCC OnLine Rajasthan 3511.
Bheem @ Suraj Soni vs State Of Chhattisgarh on 5 August, 2020
Reliance has been also placed on the order of High Court of
Chhattisgarh in the matter of Bheem @ Suraj Soni Vs. State of Chhattisgarh in
Misc. Criminal Case No.1192 of 2020 delivered on 05-08-2020 and on the
order dated 09/06/2020 of Chhattisgarh High Court passed in Misc.