What the sc said about search of persons under section 50 of. Pc and when such search is completed at that stage section 50 of the ndps act would not be attracted and the question of complying with the. If the whole of capital assets in a block have been sold in a year and some new asset has been purchased within the same year in the same block of assets, then sec. Apr 28, 2018 the court looked into the question of whether the presence of a gazetted officer or magistrate as stated under section 50 of the ndps act is mandatory or a mere directory provision. Provisions relating capital gain us 50 of income tax act. Narcotic drugs and psychotropic substances act, 1985, section 37 recovery of 60 kgs of ganja from three accused persons bar of section 37 of ndps will not apply bar of section 37 of the ndps act is not applicable in case of recovery of less than 20 kg of ganja, meaning thereby, that 60 kg of ganja recovery from three persons, i. Opium act, 1857, the opium act, 1878 and the dangerous drugs act, 1930 were enacted. Oct 28, 20 ndps act search and seizer is a mandatory under sec. International conventions on narcotic drugs and psychotropic substances and for matters connected therewith. The legislature, therefore, enacted section 50 in the ndps act entitling a person to be searched in presence of a magistrate or a gazetted officer. Prosecutors and 26 police officers dealing with ndps cases all over rajasthan.
Act to apply for offence or contraventions committed outside india sec. Section 2 of the act defines the various terms used in it, unless the context otherwise requires. Oct, 2018 the narcotic drugs and psychotropic substances act 1985 dr. Rewriting the law on search under section 50 of the ndps act. The drug abuse is growing and an ever increasing number of youth is becoming addicted. Judgment in pooran malscase does not lay down that an illicit article seized during search of a person in violation of section 50 ndps act can be used as evidence of unlawful possession by the person. Arrest, search and seizure under ndps act procedural. Pdf current status of the narcotic drugs and psychotropic. Protection of women from domestic violence act, 2005 hindi madhya pradesh civil services conduct rules, 1965. Examining the search of persons under section 50 of the narcotic.
Narcotic drugs and psychotropic substances act, 1985. State of gujarat, 2000 2 scc 5, a threejudge bench of this court held that compliance of section 42 of the narcotic drugs and psychotropic substances act, 1985 hereinafter referred to as ndps act is mandatory and failure to take down the information in writing and forthwith send a. For the fair and impartial investigation, it is necessary that informantcomplainant and investigator must not be the same person. The provisions of section 50 of the ndps act protect the personal liberty and freedom of an accused person. State of west bengal,2 the full bench of kolkata high court upheld the constitutional validity of the amendment act of ndps act, 2001 and observed the amendments made to the narcotic drugs and psychotropic substances act, in 2001.
The narcotic drugs and psychotropic substances act 1985 dr. The ndps act coming into force is the single convention on narcotic drugs which was an international treaty drafted in 1961. In view of the foregoing discussion, we are of the firm opinion that the object with which right under section 501 of the ndps act, by way of a safeguard, has been conferred on the suspect, viz. Section 412 proviso to section 421 and section 50 have to be mandatorily complied with.
Enforcement of the narcotic drugs and psychotropic substance. Dated february 5, 2015 copy of notification in exercise of the powers conferred by section 9, read with section 76 of the narcotic drugs and psychotropic substances act, 1985 61 of 1985, the central government hereby makes the following rules further to amend the narcotic drugs and psychotropic substances rules, 1985, namely. The main intention behind the enactment of the act was that till date there was no separate law for handling cases in connection with the explicit usage of drugs and other deadly substances enacted in india. The petitions are regarding the exact scope and effect of sec 50 the narcotic drugs and. Narcotic drugs and psychotropic substances act, 1985 bare.
The narcotic drugs and psychotropic substances act, 1985. In both the cases, the indian supreme court, in a departure from the settled position on the law on evidence, made confessions to drug law enforcement officers admissible as evidence. The narcotic drugs and psychotropic substances act, popularly known as ndps act, came into force on 14 th november 1985. Ndps act search and seizer is a mandatory under sec. Narcotic drugs and psychotropic substances ndps act,1985 hindi civil procedure code cpc 1908 in hindi part 1 negotiable instruments ni act 1881 in hindi. The smuggling of narcotic drugs and psychotropic substances into india, and illegal trafficking in such drugs and substances lave led to drug addiction among a sizeable section of the public, particularly the adolescents has assumed serous and alarming proportions in. The narcotic drugs and psychotropic substances ndps act came into force on november 14, 1985, and has become the statute under which all cases relating to possession, consumption, and sale of narcotic drugs are prosecuted. State of rajasthan, 20 2 scc 67 and narcotics control bureau vs. Section 50 in the narcotic drugs and psychotropic substances. Noncompliance with section 50 of the ndps act, 1985 taxguru. Conditions under which search of persons shall be conducted. Narcotic drugs and psychotropic substances ndps act,1985. State of uttaranchal in regard with the section 50 of the narcotic drugs and psychotropic substances act, 1985 hereinafter ndps act.
In section 2 of the narcotic drugs and psychotropic substances act, 1985 hereinafter referred to as the principal act. Narcotic drugs and psychotropic substances ndps act, 1985. The narcotic drugs and psychotropic substances act. We may, however, add that while considering the question of. The high court have held that the presence of the magistrate. Be it enacted by parliament in the thirtysixty year of the republic of india as follows. It came into force after the central government notified it in the gazette of india on 14 november 1985. However, it is necessary to understand that this act has evolved over the years, and has been amended thrice. If such arrest or search is made under the provisions of the ndps act by anyone other than such officers, the same would be illegal. Standard operating procedures to be followed in ndps cases.
Amendment act, 2014 the following act of parliament received the assent of the president on 7 th march, 2014, and was published in the gazette of india, extraordinary, part ii section 1, no. Jul 10, 2018 in view of the foregoing discussion, we are of the firm opinion that the object with which right under section 50 1 of the ndps act, by way of a safeguard, has been conferred on the suspect, viz. The narcotic drugs and psychotropic substances act 1985. On the basis of his findings on the first, second and fourth questions, the special judge under the ndps act convicted phool chand of the offences under section 818 of the ndps act, but acquitted both ram prasad and the appellant herein of the said charge on his findings with regard to question no. Placing reliance on precedents set by the supreme court in the cases of vijaysinh chandubha jadeja v. The narcotic drugs and psychotropic substances act 1985 youtube. Noncompliance with section 50 of the ndps act, 1985. Enforcement of the narcotic drugs and psychotropic. Narcotic drugs and psychotropic substances act 1985 section. Raj kumar karwal v union of india 1990 2 scc 409 and kanhaiyalal v union of india 2008 4 scc 668. Publishing false digital signature certificates sec. Arrest, search and seizure under ndps act procedural safeguards.
Narcotic drugs and psychotropic substances act section 53. Juvenile justice care and protection of children act, 2015. Oct 07, 2019 state of uttaranchal in regard with the section 50 of the narcotic drugs and psychotropic substances act, 1985 hereinafter ndps act. Chapter iv sections 1459 of income tax act, 1961 deals with provisions related to computation of total income. Matters relating to bail, trial and framing of charges under the ndps act. No such requirement as contemplated under sections 41 or 42. The workshop was divided into following four sessions. Section 50 of income tax act 19612017 provides for special provision for computation of capital gains in case of depreciable assets.
Act it has been held by the honble supreme court in sukhdev singh vs. Section 50 in the narcotic drugs and psychotropic substances act. Current status of the narcotic drugs and psychotropic substances ndps act article pdf available april 20 with 15,150 reads how we measure reads. Amendments in narcotic drugs and psychotropic substances. Inspection of institutions registered under this act. Analysis of the narcotic drugs and psychotropic substances. The narcotic drugs and psychotropic substances act, 1985 61 of 1985 141 an act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances, to provide for the forfeiture of property derived from, or used in illicit traffic in narcotic drugs and psychotropic. Judgments of supreme court of india on narcotic drugs and. The petitions are regarding the exact scope and effect of sec 50 the narcotic drugs and psychotropic substances act, 1985.
The short title for the act is the narcotic drugs and psychotropic substances act, 1985. If the police officer is an empowered officer then from that stage on ward he should observe the procedure under. Rehabilitation and reintegration services in institutions registered under this act and management thereof. Dec 21, 2017 if such arrest or search is made under the provisions of the ndps act by anyone other than such officers, the same would be illegal. An act to consolidate and amend the law relating to narcotic drugs, to make stringent. The court looked into the question of whether the presence of a gazetted officer or magistrate as stated under section 50 of the ndps act is mandatory or a mere directory provision. An act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances 1 to provide for the forfeiture of property derived from, or used in, illicit traffic in narcotic drugs and psychotropic substances, to implement the provisions of the international conventions on.
89 194 1090 673 104 98 491 1039 938 903 755 492 748 1037 980 1054 792 753 218 161 202 249 172 895 1024 1243 1277 901 295 1166 814 10 1456 688 238 725 1481 1004 299 1146 1248 676 48 106 24 246