Sexual enhancement drugs won’t come under NDPS Act: SC
2 years, 11 months ago

Sexual enhancement drugs won’t come under NDPS Act: SC

The Hindu  

Sexual enhancement drugs containing herbs and medicines are not covered under the Narcotic Drugs and Psychotropic Substances Act, the Supreme Court has observed in a recent order. However, forensic tests showed that a “large number” of tablets seized by the Directorate of Revenue Intelligence admittedly contained herbs to enhance male potency. The Special Court under the NDPS Act however granted the appellant bail, but this decision was reversed by the Madras High Court. In its order granting bail and reversing the High Court order, a Bench led by Chief Justice N.V. Ramana, besides pointing out that sexual enhancement pills do not come within the ambit of the NDPS law, also discovered there was no seizure of any incriminating material from the appellant.

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History of this topic

NDPS Act | Calcutta High Court Suspends Conviction Of Four, Cites Infirmities In Investigation & Violations Of Mandatory Statutory Provisions
1 year, 1 month ago

NDPS Act | Calcutta High Court Suspends Conviction Of Four, Cites Infirmities In Investigation & Violations Of Mandatory Statutory Provisions

Live Law  

The Calcutta High Court has recently suspended the convictions and 15-year prison sentences of four persons under the Narcotic Drugs & Psychotropic Substances Act, for the alleged possession of commercial quantities of cannabis. The infirmities in the investigation and the violations of the mandatory provisions, dealt above, including of section 42, 52-A of the NDPS Act read with section 100 …

Supreme Court Annual Digest 2022- NDPS Act
1 year, 11 months ago

Supreme Court Annual Digest 2022- NDPS Act

Live Law  

Narcotic Drugs and Psychotropic Substances Act, 1985 - Appeal against HC judgment upholding conviction of appellant under NDPS Act - Dismissed. Budhiyarin Bai v. State of Chhattisgarh, 2022 LiveLaw 667 Section 37 - Offences to be cognizable and non-bailable Narcotic Drugs and Psychotropic Substances Act, 1985; Section 37 - Appeal against High Court order that granted anticipatory bail on the …

Supreme Court Quarterly Digest 2022 - NDPS Act (Jan - Mar)
2 years, 6 months ago

Supreme Court Quarterly Digest 2022 - NDPS Act (Jan - Mar)

Live Law  

Narcotic Drugs and Psychotropic Substances Act, 1985 - Appeal against HC judgment upholding conviction of appellant under NDPS Act - Dismissed. Sukhdev Singh v. State of Punjab, 2022 LiveLaw 245 Narcotic Drugs and Psychotropic Substances Act, 1985 - Appeal against HC judgment upholding conviction of appellant under NDPS Act - Dismissed. Sanjeev v. State of Himachal Pradesh, 2022 LiveLaw 267 …

NDPS Act | Courts Can't Declare A Particular Drug As 'Manufactured Drug' Or 'Psychotropic Substance': JKL High Court
2 years, 8 months ago

NDPS Act | Courts Can't Declare A Particular Drug As 'Manufactured Drug' Or 'Psychotropic Substance': JKL High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has observed that the Courts cannot make a declaration that a particular drug is a 'manufactured drug' or a 'psychotropic substance' under the NDPS Act.The Bench of Justice Sanjay Dhar observed thus as it and that this is the job of the Government to take decisions over including a particular drug in …

NDPS Act : Important Supreme Court Judgments Of 2021
2 years, 11 months ago

NDPS Act : Important Supreme Court Judgments Of 2021

Live Law  

The Narcotic Drugs and Psychotropic Substances Act,1985 is one law that made news this year, thanks to the media coverage about arrest of Shah Rukh Khan's son Aryan Khan who was charged under its provisions.In 2021, the Supreme Court of India delivered some judgments interpreting this law. Quantity Of Narcotic Substance Recovered Is A Relevant Factor To Impose Punishment Higher …

Sexual Enhancement Drugs Do Not Attract NDPS Act: Supreme Court Grants Bail To Accused
3 years ago

Sexual Enhancement Drugs Do Not Attract NDPS Act: Supreme Court Grants Bail To Accused

Live Law  

Sexual enhancement tablets meant to enhance male potency do not attract the provisions of the NDPS Act, the Supreme Court observed while granting bail to NDPS Accused.In this case, the accused was granted bail by the Special Court on the ground that he was not found to be in possession of any psychotropic substance and no contraband was recovered from …

Should the NDPS Act be amended?
3 years, 1 month ago

Should the NDPS Act be amended?

The Hindu  

The Union Ministry of Social Justice and Empowerment has proposed certain changes to some provisions of the Narcotic Drugs and Psychotropic Substances Act of 1985. What are the challenges that the police face in enforcing the NDPS Act to take drugs cases to their logical end? How do you see the Ministry’s proposal to refer persons possessing drugs in smaller …

Indian Law Dealing With Narcotics Drugs (NDPS Act): An Explainer
3 years, 2 months ago

Indian Law Dealing With Narcotics Drugs (NDPS Act): An Explainer

Live Law  

Recently, Shah Rukh Khan's son Aryan Khan along with seven others were charged with various sections under Narcotic Drugs and Psychotropic Substances Act,1985. The NDPS Act was enacted with the objective to make stringent provisions and consolidate the law in relation to narcotic drugs and psychotropic substances. Small Quantity versus Commercial Quantity The quantum of punishment under NDPS Act depends …

NDPS: Absence Of Recovery Of Contraband From Possession Of Accused By Itself Not A Ground To Grant Bail: Supreme Court
3 years, 3 months ago

NDPS: Absence Of Recovery Of Contraband From Possession Of Accused By Itself Not A Ground To Grant Bail: Supreme Court

Live Law  

The Supreme Court observed that bail cannot be granted to an accused under Narcotic Drugs and Psychotropic Substances Act, merely on a finding of the absence of possession of the contraband on the person of the accused.Such a finding does not absolve the court of the level of scrutiny required under Section 37 of the NDPS Act, the bench of …

Non-Compliance Of Section 42 Of NDPS Act Vitiates Trial: Bombay High Court
3 years, 11 months ago

Non-Compliance Of Section 42 Of NDPS Act Vitiates Trial: Bombay High Court

Live Law  

Bombay High Court, while upholding the acquittal order of the Special Judge for Narcotic Drugs and Psychotropic Substances Act, 1985, Pandharpur, held that failure to comply with the requirements under Section 42 of the NDPS Act would affect the prosecution's case and vitiate the trial. The court noted that not only did the prosecution fail on merits, but the trial …

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