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TMI Blog2014 (3) TMI 841X X X X Extracts X X X X X X X X Extracts X X X X ..... regulate various activities such as cultivation, gathering, production, possession, sale, transport, inter state import or export of various substances like coca leaves, poppy straw, opium poppy and opium derivatives etc., while the Parliament used the expression transport in the context of inter-state import or export of such material in sub- Section 1(a)(vi), in the context of importing to India and export out of India, Parliament employed the expression transhipment in Section 9(i)(a)(vii). Therefore, the High Court rightly concluded that the conviction of the respondent under Section 23 of the NDPS Act cannot be sustained. - Decided against the revenue. - Criminal Appeal No. 1027 of 2008 - - - Dated:- 25-3-2014 - Dr. B. S. Chauha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17. So far as appellant Sheo Shambhu Giri of Cr. Appeal No. 359 of 2003 is concerned he has also assailed his conviction on many grounds including that the Ganja was recovered from his possession. His submission was also that though he was charged under sections 23 and 29 of the act but he was acquitted under Section 29 of the act and was not considered to be a part of conspiracy and admittedly he was only a carrier at the instance of other persons. As such his punishment under section 23 of the Act is also not tenable in the eye of law. That apart it has been submitted that the ingredients of section 23 of the Act is not attracted in this case because there is no evidence to prove that the Ganja was imported from foreign land. As per t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . If any one of the three activities is undertaken in contravention of any one of the provisions of the Act or the Rules made thereunder or in contravention of an order made or condition of licence or permit granted or certificate or authorization issued either under the Act or the Rules. The explanation tranships occurring under Section 23 must necessarily be understood in the context of the scheme of the Section and the preceding expressions of import into India and export out of India to mean only transhipment for the purpose of either import into India or export out of India. The learned counsel further submitted that the High Court rightly concluded in the absence of any proof that the respondent was carrying contraband either in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... manufacture of medicinal opium or any preparation containing any manufactured drug from materials which the maker is lawfully entitled to possess; (vi) the manufacture, possession, transport import inter- State, export inter-State, sale, purchase, consumption or use of psychotropic substances; (vii) the import into India and export from India and transhipment of narcotic drugs and psychotropic substances; (b) prescribe any other matter requisite to render effective the control of the Central Government over any of the matters specified in clause (a) 9. It can be seen from the language of the Section that the Central Government is authorized to make rules which may permit and regulate various activities such as cultivation, gat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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