before this Constitution
Bench. Drug abuse is a social malady. While drug addiction
eats into the vitals of the society, drug trafficking not
only eats ... drug or psychotropic
substance, or any residue left of the materials from which
any narcotic drug or psychotropic substance has been
manufactured.
for the possession
before this Constitution
Bench. Drug abuse is a social malady. While drug addiction
eats into the vitals of the society, drug trafficking not
only eats ... drug or psychotropic
substance, or any residue left of the materials from which
any narcotic drug or psychotropic substance has been
manufactured.
for the possession
constructive
possession of a thing, possession is sole. If two or more persons share
actual or constructive possession of a thing, possession is joint ... indictment charging possession of stolen mail may
mean actual possession or constructive possession. U.S. v. Ellison[13].
To constitute "possession
further analy-
sis.
The appellant was consequently prosecuted for possession
of prohibited drugs under the Narcotic Drugs and Psychotrop-
ic Substances Act, 1985. The Sessions ... prosecution case; and (v) since the
appellant was in possession of these drugs or substances in
a small quantity for his personal consumption
intoxicating drug, such
substance not being opium, coca leaf, or a manufactured drug, as defined in
s. 2 of the Dangerous Drugs Act, 1930. Sections ... drug or failure to
take reasonable precautions to prevent acts or omissions, of mixing
methynol in arrack or intoxicated drug or to be in possession
concerned shall
forthwith deliver to the Controller of Drugs the essential
narcotic drug then in his possession and the Controller of
Drugs shall issue orders ... seized cough syrup is a Essential Narcotic Drugs and
Section 8 of NDPS Act only prohibits the possession, sale,
purchase, transport
manufactured drugs/ prescription drugs are also required to
comply with the statutory provisions of the NDPS Act , Rules and Order
1993 for their possession ... manufactured drugs or prescription drugs, chemists,
wholesale license holders under the Drugs and Cosmetics Act are
required to comply with the provisions of NDPS
even after a person accused or suspected of
being in possession of narcotic drug or psychotropic
substance is apprised by the empowered officer ... even after a person accused or suspected of being in possession of
narcotic drug or psychotropic substance is apprised by the
empowered officer
concerned shall forthwith deliver to
the Controller of Drugs the essential narcotic drug then in his
possession and the Controller of Drugs shall issue orders ... seized cough syrup is a Essential Narcotic Drugs and Section 8 of
NDPS Act only prohibits the possession, sale, purchase, transport
made out as mere possession of the
drugs is not an offence as there is no allegation that petitioner
No. 2 was found selling ... either the petitioners were selling or exhibiting for sale any drug, therefore,
mere possession of a drug by petitioner No.2 is not an offence