below:—
(a) the United Nations Convention Against Illicit
Traffic in Narcotic Drugs and Psychotropic
Substances, to which India is a party, calls for
prevention ... under the 2002 Act.
When Parliament enacted the 2002 Act, this scheme was
completely changed in that Section 45 of the Act now spoke
only
drug
offenders were being released on bail. In the
light of certain difficulties faced in the
enforcement of the Narcotic Drugs and
Psychotropic ... organised activities of the underworld and
the clandestine smuggling of narcotic drugs
and psychotropic substances into this country
and illegal trafficking in such drugs
Drugs dosage formulation whereas
Drugs Chlorpheniramine, Maleate is a schedule
H Drug under Drugs and Cosmetics Act, 1940 .
The Drug ... Drugs dosage
formulation. Whereas Drugs Dicyclomine Hcl
and Paracetamol are schedule H Drugs under
Drugs and Cosmetics Act
psychotropic substances. Sub Section (1) of Section 52A
empowers the Central Government to specify certain narcotic
drugs, psychotropic substances, controlled substances etc.
which should ... exercise of powers conferred by sub-
section (1) of Sec. 52A of the Narcotic Drugs and Psychotropic
Substances Act, 1985 specified certain Drugs
convicted the appellant under Section 20
of the Narcotic Drugs and Psychotropic Substances, Act,
1985 (for short the “ NDPS Act ... trial
Court. The High Court convicted the accused under Section
20 of the NDPS Act and sentenced him to undergo rigorous
occurring in
clause (bb) in sub-section (2) of Section 167 as amended by
Section 20(4) are important and indicative of the legislative
intent ... Act. Proviso to sub-section (5) of Section 43D , in my opinion, fall in
the same species of restriction as Section 37 of the NDPS
they have been convicted for offence punishable under
Section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for
short "the NDPS ... and Psychotropic Substances Act, 1985,
("Act" for short) that when an officer, duly authorised under
Section 42 of the Act, is about
which the
appellant has been convicted under Section 8 / 21 (B) of
Narcotic Drugs and Psychotropic Substances Act, 1985 (for
short ' NDPS ... search and seizure, Section 43
does not contain any such provision and as such
while acting under Section 43 of the Act, the
empowered officer
convicting the appellant finding him guilty under Sections
21 / 61 / 85 of the Narcotic Drugs & Psychotropic Substances Act,
1985 (hereinafter referred ... that the appellant was rightly held guilty
under Section 21 of the Narcotic Drugs and Psychotropic
Substances Act, 1985. It is submitted that
search or arrest there is a chance recovery of any narcotic drug or psychotropic substance then the police officer, who is not empowered, should ... Place and time of drawal of sample:- Samples from the Narcotic Drugs and Psychotropic Substances seized, must be drawn on the spot of recovery
