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#narcotic drugs and psychotropic substances
forensicfield · 2 years
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Indian Laws Which Are Related To Drugs And Poisons
In Article 47 of the Indian Constitution, it is stated that the "State should endeavour to bring about prohibition of the consumption of intoxicating beverages and of narcotics which are harmful to health, except for therapeutic purposes." The same....
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pmldailynews · 3 days
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We need help not jail! Female sex workers speak out on Narcotics and Psychotropic Substances Bill
We need help not jail! Female sex workers speak out on Narcotics and Psychotropic Substances Bill #DrugabuseinUganda
A drug user injects himself with heroin, one of the expensive drugs on market (PHOTO/Courtesy). KAMPALA – Ms Kemigisha Miriam, 28, is a mother of two who has been abusing drugs for 6 years now. She says she started using drugs when she was at the university and she didn’t graduate because of addiction. Even when her home is in Bugolobi – a suburb of Kampala, Kemigisha spends most of her time in…
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sagunpaudel · 1 year
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List of Narcotics and Psychotropic Substances identified for Import and Use in Nepal
List of Narcotics and Psychotropic Substances identified for Import and Use in Nepal
Here is the list of Narcotics and Psychotropic Substances identified for Import and Use in Nepal. Narcotics Codeine Dextropropoxyphene Ethylmorphine Etorphine Fentanyl Methadone Morphine Phethidene Pholcodine Psychotropic Substances Schedule III Buprenorphine Glutethiamide Pentazocine Pentobarbital Schedule…
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somecunttookmyurl · 8 months
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your posts today are how i found out if i ever went to japan i wouldn't be able to take my medication even with a letter (adderall)
the controlled substances list for japan is hysterical and bizarre and only gets funnier the longer you look at it
-there are only FOUR substances on planet earth that are straight up prohibited like cannot bring them in legally even with the correct paperwork
-they are heroin, methamphetamine, amphetamine (adderall).... and cannabis
-there are 3 laws that collectively deal with substances. the narcotics & psychotropics law, the stimulants & stimulants raw materials law.... and the cannabis law
-the latter 2 were clearly drafted later because the only things defined as "stimulants" are methamphetamine, amphetamine, and lisdexamphetamine. that's not a stimulants law that's an amphetamine law
-this means cocaine and MDMA are classed as narcotics not stimulants
-this means that technically, hypothetically, you could import cocaine easier than adderall
-THC is not defined as a cannabis product
-You can bring in THC as long as it is not derived from cannabis. Unsure how you prove that
-cannabidiol (CBD) is not on there at all
-so you can bring in CBD and THC but not cannabis
-flatpack cannabis. some assembly required.
-the result of this list is that cannabis is more illegal than cocaine, morphine, barbituates, MDMA, LSD, GHB, and fentanyl
-adderall is also more illegal than any of those
-dexamfetamine, which is the same drug as lisdexamfetamine but shorter acting (the body converts lisdexamfetamine into dexamfetamine that's why it's slower release) is not on the list at all
-on a legal technicality i will not be arguing at the border i could bring in dexamfetamine without any paperwork at all because they forgot it existed
-levoamphetamine also is not on the list
-lisdexamfetamine is the only thing labelled as a "stimulants raw material" the two actual stimulants raw materials (ie, component parts of amphetamine) are not on the list. lisdexamfetamine is not a component part of adderall, it's an altered version of a component part.
-technically you can make DIY adderall on the other side of the gate
-it would still be easier to get in with cocaine
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argumate · 2 years
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In order to prevent drug crimes, China has blacklisted 449 kinds of narcotics and psychotropic substances, turning China the country with the most blacklisted drugs and the strictest drug control system in the world, Liang explained.
Through years of efforts, China has achieved remarkable results in drug control, greatly reducing the harm of drugs, and making contributions to ensuring people's health and maintaining social security and stability, Liang said. However, it is important to be aware that the international drug situation is in a period of high risk. In some countries, it has become an incurable disease. China's drug control stands in sharp contrast to the drug-related social chaos of the West.
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leia85n · 10 months
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The prosecutor of the Vilnius District Prosecutor's Office, having examined and assessed the data obtained during the clarification of the circumstances, confirmed the legality and reasonableness of the decision of the pre-trial investigation officer of the Vilnius District Prosecutor's Office to refuse to initiate a pre-trial investigation - based on the statement of a foreign woman who attended the concert of the band Rammstein in the capital. The decision to refuse to open a pre-trial investigation was taken after it was established that no offence of a criminal nature had been committed, the prosecutor's office stated in a press release.
The circumstances referred to in the application relate to 22 May this year. The circumstances of the allegations relate to the infliction of physical pain, sexual violence, coercion to use narcotic or psychotropic substances and theft. The necessary procedural steps were carried out by the pre-trial investigation officers of the Vilnius County Chief Police Commissariat to clarify the circumstances stated in the application: the applicant and a witness were interviewed, and data and documents relevant to the investigation were analysed.
The decision to refuse to open a pre-trial investigation concluded that, in the light of the totality of the information obtained during the clarification exercise, there was no objective factual evidence to substantiate that the applicant had been subjected to any physical or psychological violence, any coercive acts of a sexual nature, had been forced to take narcotic drugs, or had been subjected to any form of robbery. A decision taken by a pre-trial investigation officer to refuse to open a pre-trial investigation may be appealed against in accordance with the procedure laid down in the Code of Criminal Procedure of the Republic of Lithuania.
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john-down13 · 24 days
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angel0news · 1 month
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Snake Venom Addiction And The Case Against YouTuber Elvish Yadav
Bigg Boss OTT winner Elvish Yadav was arrested in the snake venom-rave party case and remanded to 14-day judicial custody on Sunday. Mr Yadav faces a case under the Wildlife Act in Noida for arranging snake venom at rave parties. The 26-year-old YouTuber, who initially denied any involvement in the case, has now admitted that he arranged snake venom at rave parties, said police sources.
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The case surrounds the alleged use of snake venom as a recreational drug at rave parties in Noida last year. Mr Yadav is accused of arranging the snake venom at his parties and using snakes in his video shoots.
The police busted a snake smuggling racket in November last year after it raided a banquet hall in Noida Sector 51. Five people, including four snake charmers, were arrested from the banquet hall for supplying snake venom. Nine snakes including cobras and poison were also recovered from them.
A forensic investigation later revealed the use of venom of cobra and krait species in samples seized from there.
The breakthrough came after a trap was laid by an NGO, People For Animals.
A rave party is a vibrant dance party focussed on the youth-oriented rave culture, which often gets into trouble with authorities over drug use and safety reasons.
Questioned about the snakes in his video shoots, Mr Yadav has told the police those were arranged by Bollywood singer Fazilpuria, sources said.
The five people arrested in the case have told the cops that they used to supply snake venom at rave parties allegedly organised by Elvish Yadav.
Their arrest came after PFA member Gaurav Gupta complained to the police that he had contacted Elvish Yadav for snake venom as part of a trap. During the call, Mr Gupta was given a phone number after which he contacted the five accused, the police said.
Former Union minister Maneka Gandhi too had accused Mr Yadav of involvement in illegally selling snake venom and sought his immediate arrest.
Snake venom addiction is an unusual form of substance abuse where individuals intentionally expose themselves to snake venom for intoxication effects. The venom can induce a range of symptoms like intoxication due to the neurotoxins present in it. This form of addiction, also known as ophidism, is extremely dangerous and life-threatening and is not a common practice in India.
The effects of snake venom can be unpredictable and potentially deadly and can last for days. In the long run, it may trigger physical and psychological dependence among users.
The use and possession of drugs, including substances derived from snake venom, are governed by the Narcotic Drugs and Psychotropic Substances Act of 1985. But the cops have not invoked the NDPS Act against Mr Yadav as drugs were not found at the spot, according to an official.
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raducotarcea · 2 months
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PMLA and Property Freeze: A Case Analysis
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Introduction The Prevention of Money Laundering Act, 2002 (PMLA) is a law that aims to prevent and punish the crime of money laundering, which involves concealing or transferring the proceeds of crime to evade prosecution or taxation. The PMLA empowers the Enforcement Directorate (ED) to investigate and prosecute money laundering offences, and also to attach or freeze the properties involved in or derived from such offences. The PMLA also provides for the establishment of an Adjudicating Authority and an Appellate Tribunal to deal with the matters relating to attachment and confiscation of properties under the PMLA. In this chat, we discussed a recent judgment of the Kerala High Court, which held that an order of freezing a property under Section 17(1-A) of the PMLA is not valid if the Enforcement Case Information Report (ECIR) against the accused has been quashed and no FIR has been registered subsequently. We also discussed the meaning and scope of ECIR, Section 17(1-A), and the schedule to the PMLA. ECIR: What is it and how is it registered? ECIR stands for Enforcement Case Information Report, which is an internal document of the ED that records the information related to the commission of a scheduled offence under the PMLA. It is not shared with the accused or the public, and it is not equivalent to an FIR registered by the police. The ED can register an ECIR based on an FIR, a complaint, or any other reliable source of information that indicates the occurrence of money laundering. The ECIR is considered as the starting point of investigation under the PMLA, and it enables the ED to exercise its powers under Sections 17, 18, and 19 of the PMLA. These sections empower the ED to search, seize, freeze, arrest, and interrogate any person or property in relation to money laundering offences. The ECIR also serves as a basis for filing a complaint before the Special Court under Section 45 of the PMLA for trial and conviction of the accused. Section 17(1-A): What does it say and when can it be invoked? Section 17(1-A) of PMLA empowers an authorized officer to freeze a property, where it would not practically be possible for such authority to search or seize the record or property. This power is subject to certain conditions and safeguards, such as recording reasons in writing, informing the Adjudicating Authority within 24 hours, and giving an opportunity of hearing to the person affected. The text of Section 17(1-A) is as follows: “Where it is not practicable to seize such record or property, the officer authorised under sub-section (1), may make an order to freeze such property whereupon the property shall not be transferred or otherwise dealt with, except with the prior permission of the officer making such order, and a copy of such order shall be served on the person concerned.” The purpose of Section 17(1-A) is to prevent any tampering or disposal of property that may be involved in or derived from money laundering offences. The power under Section 17(1-A) can be invoked only when there is a reason to believe that such property is likely to be concealed, transferred, or dealt with in any manner which may result in frustrating any proceedings relating to confiscation of such property under Chapter III of PMLA. The power under Section 17(1-A) can also be exercised only after obtaining prior approval from an officer not below the rank of Deputy Director. Schedule to PMLA: What does it contain and why is it relevant? The schedule to PMLA lists all the offences that are considered as predicate offences for money laundering. These offences are divided into three parts: Part A, Part B, and Part C. Part A contains offences under various laws such as Indian Penal Code, Narcotic Drugs and Psychotropic Substances Act, Arms Act, Wildlife (Protection) Act, etc. Part B contains offences that are punishable with imprisonment for more than three years under any law other than those listed in Part A. Part C contains offences under foreign laws that are equivalent to those listed in Part A or Part B. The schedule to PMLA is relevant because it defines the scope and applicability of PMLA to various crimes and activities that generate proceeds of crime. The schedule to PMLA also determines whether an offence is cognizable or non-cognizable for the purpose of investigation by ED. A cognizable offence is one where the ED can arrest the accused without a warrant and start the investigation without the permission of a court. A non-cognizable offence is one where the ED cannot arrest the accused without a warrant and has to obtain the permission of a court before starting the investigation. The offences listed in Part A of the schedule are cognizable, while the offences listed in Part B and Part C are non-cognizable. The Kerala High Court Judgment: What was the issue and what was the decision? The Kerala High Court judgment that we discussed was delivered on September 20, 2023, by a division bench comprising Justice K. Vinod Chandran and Justice M.R. Anitha. The judgment was in response to a writ petition filed by one Abdul Salam, who challenged an order of freezing his property under Section 17(1-A) of PMLA. The petitioner was accused of being involved in a terror funding case, where he allegedly received money from Pakistan through hawala channels and used it to fund terrorist activities in Jammu and Kashmir. The ED registered an ECIR against him based on an FIR registered by the National Investigation Agency (NIA) under various sections of the Unlawful Activities (Prevention) Act, 1967 (UAPA) and the RPC. The ED also issued an order under Section 17(1-A) to freeze his property worth Rs. 1.5 crore, which included his house, land, and bank accounts. The petitioner challenged both the ECIR and the freezing order before the Kerala High Court. He argued that the ECIR was illegal and arbitrary, as it was based on an FIR that did not disclose any offence under the PMLA. He also argued that the offences under the RPC, which he was accused of, were not included in the schedule to PMLA, and therefore, he could not be prosecuted under PMLA. He further argued that the freezing order was unjustified and violative of his fundamental rights, as it deprived him of his property without any valid basis or procedure. The Kerala High Court quashed the ECIR against the petitioner on the ground that it did not disclose any scheduled offence under PMLA. The court observed that the FIR registered by NIA did not mention any offence under Part A or Part B of the schedule to PMLA, and therefore, it could not form the basis for registering an ECIR under PMLA. The court also held that the offences under RPC were covered by PMLA as corresponding laws, as they were substitutes of IPC in Jammu and Kashmir. However, the court noted that none of the offences under RPC alleged against the petitioner were punishable with imprisonment for more than three years, and therefore, they fell under Part C of the schedule to PMLA, which required prior permission of a court for investigation by ED. The court found that no such permission was obtained by ED before registering the ECIR against the petitioner. The Kerala High Court also set aside the freezing order issued by ED under Section 17(1-A) of PMLA on the ground that it was based on an ECIR that had been quashed by the court. The court held that once the ECIR was quashed, there was no basis for continuing the investigation or freezing the property of the petitioner under PMLA. The court held that such an order would cause prejudice to the petitioner and could not be allowed to hold the field. The court therefore directed ED to release his property forthwith. Conclusion The Kerala High Court judgment is a significant one, as it highlights the importance of adhering to the legal requirements and safeguards while exercising the powers under PMLA. The judgment also clarifies some of the key aspects of PMLA, such as ECIR, Section 17(1-A), and schedule to PMLA. The judgment also shows how different laws can interact and overlap in cases involving money laundering and terror funding, and how courts have to balance between national security and individual rights while dealing with such cases. Read the full article
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sillyreviewhideout · 4 months
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Cannabis Law in India: Navigating the Haze of Legalization
Introduction:
The legal status of cannabis, commonly known as weed, has been a subject of much debate and speculation in India. As the global perspective on cannabis evolves, with many countries relaxing regulations, it is crucial to understand the current state of cannabis laws in India. This article explores the intricate web of regulations surrounding cannabis, shedding light on its historical context, legal status, and the ongoing discourse regarding its potential legalization.
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Historical Context:
Cannabis has deep roots in Indian history, with its use dating back thousands of years for medicinal, spiritual, and recreational purposes. The ancient texts of Ayurveda mention the therapeutic properties of cannabis, recognizing its potential in treating various ailments. Despite this historical association, the legal landscape surrounding cannabis in India has undergone significant changes over the years.
The Narcotic Drugs and Psychotropic Substances Act, 1985:
The turning point in India’s cannabis laws came with the enactment of the Narcotic Drugs and Psychotropic Substances Act in 1985. This legislation aimed to combat the rising drug abuse problem in the country and brought cannabis under its purview. As per the Act, the cultivation, production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import inter-State, export inter-State, import into India, export from India, or transshipment of cannabis is prohibited, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this Act.
Legal Status of Cannabis:
As of now, cannabis is illegal for recreational use in India under the Narcotic Drugs and Psychotropic Substances Act. The law categorizes cannabis as a narcotic substance, imposing strict penalties for its possession, use, and distribution. However, the Act does allow for the cultivation, production, and manufacture of cannabis for medical and scientific purposes, subject to stringent regulations.
Despite the legal restrictions, the consumption of cannabis remains prevalent in various parts of the country, often driven by cultural and religious practices. For instance, the use of bhang, a preparation made from cannabis leaves, is an integral part of certain religious celebrations, such as Holi.
The Medical Cannabis Debate:
In recent years, there has been a growing global trend towards recognizing the medicinal benefits of cannabis. Several countries have legalized medical cannabis to varying extents, acknowledging its potential in alleviating symptoms associated with chronic illnesses, including pain, nausea, and muscle spasms.
In India, the discourse on medical cannabis has gained traction, with advocates arguing for its legalization to harness its therapeutic potential. Proponents of medical cannabis contend that its controlled and regulated use can benefit patients suffering from conditions like epilepsy, cancer, and chronic pain. However, opponents raise concerns about potential misuse and the need for stringent regulations to prevent recreational use under the guise of medical necessity.
Regional Variations and Enforcement Challenges:
India is a diverse country with varying perspectives on cannabis use. While some states have historically been more lenient in their approach, others have enforced the central laws more rigorously. This regional disparity has led to challenges in enforcing a uniform stance on cannabis use and cultivation.
The state of Uttarakhand, for example, has taken steps towards exploring the economic potential of legalizing cannabis cultivation for industrial purposes. The state government issued licenses for the cultivation of hemp, a variety of cannabis with minimal psychoactive properties, in an attempt to boost the economy and create employment opportunities.
However, such regional initiatives have faced pushback from the central government, highlighting the complexities in formulating a cohesive National Policy on Cannabis. The lack of consensus among states and the center further muddies the waters surrounding cannabis legalization in India.
International Developments:
The global landscape regarding cannabis legalization is evolving, with several countries moving towards decriminalization or complete legalization. Canada, Uruguay, and several states in the United States have legalized recreational cannabis, while many others have embraced medical cannabis.
These international developments contribute to the ongoing debate in India, as policymakers and activists assess the global trends and their potential implications for the country. The shift in global attitudes towards cannabis may influence the domestic discourse and prompt a reevaluation of India’s stance on the matter.
Conclusion:
The question of whether weed is legal in India is nuanced, reflecting the complexities inherent in navigating the legal, cultural, and economic dimensions of cannabis use. While the Narcotic Drugs and Psychotropic Substances Act continues to criminalize recreational cannabis use, the discourse on medical cannabis and the economic potential of hemp cultivation is gaining momentum.
As the global perspective on cannabis undergoes transformation, India finds itself at a crossroads, grappling with the need to balance public health concerns, cultural practices, and economic opportunities. The path forward requires a comprehensive and informed approach, taking into account the diverse perspectives within the country and the evolving international landscape. Until then, the haze surrounding the legal status of weed in India remains, awaiting clarity in the form of informed policies and regulatory frameworks.
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mylawyeradvise · 4 months
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Anticipatory Bail under the Narcotic Drugs and Psychotropic Substances
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Under the NDPS Act, violation of laws related to contraband substances like Ganja, Heroine, Cocaine etc. are classified under two categories i.e. according to the quantity of the substance involved, offences related to producing, possessing, selling, purchasing, transporting, consuming and importing prohibited substances in “Small Quantity” and those in “Commercial Quantity” respectively.
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seemabhatnagar · 4 months
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“No foreigner has any right to enter and stay in India without valid passport and Visa”
Onyeka Samuel v. State of Himachal Pradesh
Before High Court of Himachal Pradesh at Shimla
Crl. Mis. Petition No.2757/2023
Regular Bail petition was dismissed by Hon’ble Mr. Justice Rakesh Kainthla J on 12.12.2023
Issue
Regular bail is sought by the Petitioner-Onyeka.
He is booked for offences punishable under section 21 and section 29 of the Narcotic Drugs and Psychotropic Substance (NDPS) & Section 14 of the Foreigners Act as he didn’t possess valid Visa and passport.
Submission of the counsel of the petitioner
There is no evidence against the petitioner except the statement made by Gaurav, the co-accused, which is not a legal piece of evidence.
He is in custody since arrest.
He would abide by all the terms and conditions as would be imposed by the court
Therefore, he prayed that the present petition be allowed and the petitioner be released on bail.
Submission of the Counsel for the State
The Police while patrolling on 23.08.2023 received a secret information at 6:00 pm that Shivam is selling heroin and in case of his search, a huge quantity of heroin could be recovered.
The police associated independent witnesses and found Shivam.
Shivam threw something on seeing the police and tried to run away.
The police apprehended him and found 5.42 grams of heroin.
The police arrested him and recovered the heroin.
The police conducted the investigation.
Shivam revealed on enquiry that he had purchased heroin from Gaurav.
The police also recovered a mobile phone containing a chat between Gaurav and the petitioner, which clearly shows that the petitioner had supplied heroin to Gaurav.
The police arrested Gaurav, who revealed that heroin was sold to him by the present petitioner.
The police arrested the petitioner and recovered 15.95 grams of heroin from him.
The police seized the heroin.
As per the result of the analysis, the substance found in the possession of the petitioner and Gaurav was confirmed to be Diacetylmorphine (Heroin).
The police have specifically stated that Section 14 of the Foreigners Act was added because the petitioner could not produce his passport and visa.
The consumption of narcotics is adversely affecting the young generation of the society, therefore, prayed that the present petition be dismissed.
Observation of the Court
The grant of bail is a discretionary relief which necessarily means that such discretion would have to be exercised in a judicious manner and not as a matter of course.
The grant of bail is dependent upon contextual facts of the matter being dealt with by the Court and may vary from case to case.
There cannot be any exhaustive parameters set out for considering the application for a grant of bail. However, it can be noted that;
While granting bail the court has to keep in mind factors such as the nature of accusations, severity of the punishment, if the accusations entail a conviction and the nature of evidence in support of the accusations;
reasonable apprehensions of the witnesses being tampered with or the apprehension of there being a threat for the complainant should also weigh with the Court in the matter of grant of bail.
While it is not accepted to have the entire evidence establishing the guilt of the accused beyond reasonable doubt but there ought to be always a prima facie satisfaction of the Court in support of the charge.
Frivolity of prosecution should always be considered and it is only the element of genuineness that shall have to be considered in the matter of grant of bail and in the event of there being some doubt as to the genuineness of the prosecution, in the normal course of events, the accused is entitled to have an order of bail
Order
The petitioner is not entitled for bail.
Seema Bhatnagar
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goldmynetv · 5 months
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Kano NDLEA destroys 15.7 tonnes of drugs in three years
The Kano State Command of the National Drug Law Enforcement Agency has destroyed over 15.7 tonnes of narcotic drugs and other psychotropic substances seized in the last three years. The command’s Public Relations Officer, Sadiq Maigatari, disclosed this in a statement issued on Monday. He also said the destruction operation covered the period from October 8, 2020, to October 17, 2023. He…
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hardynwa · 5 months
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Kano NDLEA destroys 15.7 tonnes of drugs in three years
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The Kano State Command of the National Drug Law Enforcement Agency has destroyed over 15.7 tonnes of narcotic drugs and other psychotropic substances seized in the last three years. The command’s Public Relations Officer, Sadiq Maigatari, disclosed this in a statement issued on Monday. He also said the destruction operation covered the period from October 8, 2020, to October 17, 2023. He maintained that the substances included cannabis sativa, cocaine, psychotropic substances, methamphetamine, barbiturates, and assorted expired drugs. He reiterated the agency’s commitment to eradicating illicit drugs in every local government by establishing Divisional Narcotic Offices, as approved by its Chairman and Chief Executive Officer, Brig Gen Mohamed Buba Marwa Rtd. According to him, the agency sought support from local and state governments to achieve a drug-free society. The agency commended various stakeholders, including security agencies, the Kano State Government, and traditional leaders, among others for their collaboration in the fight against drug abuse in Kano. Read the full article
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rksassociate · 6 months
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Choosing The Right Criminal Lawyer In Mumbai
Particularly, when you are alleged with crimes related to the Indian Penal Code (IPC), the Narcotic Drugs and Psychotropic Substances Act (NDPS), and Motor Accident cases, it’s imperative to hire top criminal lawyers in Mumbai. Leading law firms in the city have seasoned lawyers working on their platforms.
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