Showing : 61-70 of 170 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2014
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 21, 22, 29-- Statutory bail - Recovery of 229 vials of Rexcof (cough syrup) in possession of accused - Entire quantity required to be taken into consideration to determine quantity i.e. small, intermediate or commercial - Accused in possession of intermediate quantity - Case of accused falls u/s 36-A(4) of..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85-- Bail - Recovery of 40 injections from medical store - One strip containing 5 injections of Buprenorphine sent to Chemical Examiner - Question whether injections/medicine recovered from petitioner falls within provisions of NDPS Act, stands referred to Division Bench - In some cases under similar..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of allopathic drugs - No licence is required under NDPS Act for storage of allopathic drugs containing narcotic drugs and psychotropic substances - State Govt. has not framed any rule in this regard - Held, petitioner entitled to be released on bail during pendency of trial...........
ALLAHABAD HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 22, Criminal Procedure Code, 1973, Section 389-- Bail during pendency of appeal - Accused convicted u/ss 8, 22 of NDPS Act and sentenced to 15 years RI and to pay a fine of Rs.1.50 lacs - Incriminating evidence and circumstance occurred against accused not put to him during his examination u/s 313 Cr.P.C. - Accused remained in jail for about 6..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 389, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Conviction under NDPS Act - Bail during pendency of appeal - Accused convicted and sentenced as he was found in possession of 65 Kgs of poppy husk - Quantity marginally more than the non commercial quantity which is upto 50 Kgs. - Bail allowed during pendency of appeal...........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Contraband - Commercial quantity - Anticipatory bail - Held, for purpose of exercising powers of grant of bail in relation to accused, who are charged with offence of being involved in dealing with narcotics drugs in excess of commercial quantity, restrictions provided in S.37 of NDPS Act apply..........
RAJASTHAN HIGH COURT
Year of decision: 2012
Details
Criminal Procedure Code, 1973, Section 438, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Contraband - Commercial quantity - Anticipatory bail - Accused not arrested - Investigation is yet to be carried out - Held, where Public Prosecutor opposes bail application, Court has to record satisfaction that there are reasonable grounds for believing that accused seeking bail is not guilty of..........
KERALA HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 57(1)(b)(ii)-- Contraband - Bail - Both the conditions under sub-clause (ii) of clause (b) of sub-s.(1) of S.37 of the NDPS Act must be satisfied to enable the Court to grant bail to an accused in a case involving commercial quantity where the Public Prosecutor opposes the application for grant of bail...........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
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..........
PUNJAB & HARYANA HIGH COURT
Year of decision: 2011
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - For grant of bail in a offence under NDPS Act it is S.37 of NDPS Act which applies and not S.439 Cr.P.C. - In case of inconsistency between the two provisions, it is S.37 of NDPS Act which prevails - Though Court has power to grant bail u/s 439 Cr.P.C. but the same should be subjected to..........

Showing : 61-70 of 170 Results