under Section 22 / 23 of the Narcotic Drugs and
Psychotropic Substances Act, 1985 (for short 'the NDPS
Act ... Section 37 of the NDPS Act.
Section 37 reads as under:-
“37. Offences to be cognizable and
non-bailable. – (1) Notwithstanding
narcotic drugs and
psychotropic substances into this country and illegal trafficking in such
drugs and substances have led to drug addiction among a sizeable section ... Section
37 of the Narcotic Drugs and Psychotropic Substances Act, 1985
(Fort short, "the NDPS Act ") we find that
further the observation that Section
37 of the NDPS Act overrides the mandate of Section ... available to the accused under Section 167(2) Cr.P.C. cannot
be curtailed by Section 37 of the NDPS Act
Nikesh Tarachand Shah vs Union Of India on 23 November, 2017
Equivalent citations: AIR 2017
seized drugs are
immediately shifted to the safe vaults in godowns and the
Government has constituted a Narcotic Drugs and Psychotropic
Substances Disposal Committee ... provision of Section 37 of the NDPS Act. A reference to
Section 37 of the Act will be apposite. That provision
Act can be suspended by the
appellate Court only and strictly subject to the conditions spelt
out in Section 37 of the Act. Namely ... restrictions placed by
sub-clause (b) of subsection (1) of Section 37 of the NDPS Act.
Apart from giving an opportunity
section is
applicable for offences under section 19 or section 24 or section 27A
only when commercial quantity of Narcotics Drug or Psychotropic
Substance ... under: -
" Criminal Procedure Code , Svt. 1989
Section 497 & 498----Narcotic Drugs--- Section 37- --
Bail--Jurisdiction of High Court---Held, the Powers are
concurrent
small is 1 KG.
8. Section 37 of NDPS Act reads as under:-
"[37. Offences to be cognizable ... found in
possession of commercial quantity of Narcotic and
Psychotropic Substances Act unless Court comes
to the conclusion that accused is not guilty of
offence
provisions
contained under Section 37 of the NDPS Act, an
rt
application under Section 438 of the Code of Criminal
Procedure ... Section
15 and 25 of the Narcotic Drugs and Psychotropic
Substances Act (hereinafter referred to as the ' NDPS Act
illicit traffic in narcotic
drugs and psychotropic substances, there is no reasons to accept
the construction of the section which its language can hardly
bear ... Supreme
Court held so when section 37 of NDPS Act was as under;
37. Offences to be cognizable and non-bailable
