Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981, Section 3 -- Preventive detention - Order granting bail - Order of bail neither placed before detaining authority at the time of passing order of detention nor detaining authority was aware of order of bail - Held, detention order is invalid - Court..........
Constitution of India, 1950, Article 226, Karnataka Prevention of Dangerous Activities of Bootleggers, Drug Offenders, Gamblers, Goondas, Immoral Traffic Offenders and Slum Grabbers Act, 1985, Section 2(g) -- Habeas corpus - Detention order - Representation - Detention challenged only on ground of enormous delay in considering representation - Held, continuous activities..........
A P Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Gundas, Immoral Traffic Offenders and Land Grabbers Act, 1986, Section 3 -- Detention order - Validity of - Detenue found involved in offences as many as eight times within a period of one year - State took definite stand that its administration is not in a position to curb illegal activities..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- For applicability of the provision of S.21 NDPS Act, it is not always necessary that a person should be found to be in possession of the drug - If any of the ingredients of S.21 is satisfied, the offence would be complete...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - In a offence under NDPS Act - It is entire drug content, solution or mixture which is to be seen and not only pure drug contents of the narcotic/psychotropic substance - If it is found to be more than commercial quantity, then rigour of S.37 of the Act would apply - Notification dated 18.11.2009 is..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8,15 -- Poppy husk - Recovery of 49 bags from a truck - Sample - Taken out from each and every bag mixed at the spot and mixture divided into two parts - One part sent for analysis - Not fatal to prosecution case as (i) when substance taken out from each of the bag was smelt it gave the smell of poppy husk and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42 -- Seizure of contraband - Applicability of S.42 - Held, S.42 of the Act applies to a case where an officer concerned on information received or having reason to believe from personal knowledge that any offence has been committed in relation to any drug or psychotropic substance etc. and which is kept or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 -- Recovery of 100 injections of G-Norphine and 1000 tablets of Phenotil without valid licence - As per report of FSL Diphenoxylate Hydrochloride (2.5 mg), Atrophine sulphate (0.025) and Buprenorphine (0.29) were found in injections and tablets - Diphenoxylate not more than 2.5 mg. - Quantity of atrophine..........
A P Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Gundas, Immoral Traffic Offenders and Land Grabbers Act, 1986, Section 2(b),3(1) -- Validity of detention order - Allegations that detenue found in possession of contraband containing elements which were injurious to public health and unfit for human consumption - Crude and unscientific..........
A P Prevention of Dangerous Activities of Boot Leggers, Dacoits, Drug Offenders, Gundas, Immoral Traffic Offenders and Land Grabbers Act, 1986, Section 3,13 -- Validity of detention period - Contention that detention period cannot exceed 12 months in aggregate - Contention repelled - Held, it is discretion of government to fix detention period...........
