Showing : 11-20 of 103 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - Jurisdiction of court to grant bail is circumscribed by the provision of S.37 of NDPS Act - Limitations on granting of bail specified in S.37(1)(b)(ii) of the Act are in addition to the limitations under Code of Criminal Procedure, 1973, or any other law for the time being in force on..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, Drugs and Cosmetics Act, 1940, Section 18C-- Bail - Recovery of 597 bottles of cough syrup and tablets from chemist shop - Accused was having valid licence to possess/store drugs allegedly recovered from his car and shop - Some of drugs are though covered under prohibited drugs under D&C Act, but accused had valid licence to possess the same..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 25, Criminal Procedure Code, 1973, Section 439-- Second bail application - Recovery of 18 gunny bags of poppy straw - Search and seizure proceedings were conducted by Sub-Inspector, who was not SHO of concerned police station, in clear negation of S.42 of NDPS Act - Third option given u/s 50 of NDPS Act, which violates said provision - Small..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, Criminal Procedure Code, 1973, Section 439-- Recovery of 9.20 gms charas - Bail - Contraband recovered from conscious possession of co-accused, who is already enlarged on bail - Case registered against petitioner on the basis of statement made by co-accused - No direct evidence to suggest involvement of petitioner in crime - Quantity alleged..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15, 29, Criminal Procedure Code, 1973, Section 389-- Recovery of 54 kg poppy husk - Suspension of sentence during pendency of appeal - Applicant would have a debatable issue to be argued at the time of hearing of appeal both on question of sentence as well as on question of conviction u/s 29 of NDPS Act - Without commenting on merits of case but..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20, Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/s 20 of NDPS Act - Petitioner not named in FIR and was implicated on the basis of disclosure statement of co-accused who is already granted bail - However, keeping in view the fact that petitioner is not involved in any other FIR and he is in custody since 16.05.2015 and..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 21, 64A-- Bail - Drug addict - Recovery of 2 gms heroine - Accused a drug addict was earlier arrested twice for small quantity - He is not involved in trade of sale and purchase of NDPS - Considering the sentence of six months prescribed for recovery of small quantity of heroine, accused ordered to be..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 37, Criminal Procedure Code, 1973, Section 436-- Bail - Recovery of 1.5 gms heroine - Quantity of drug allegedly heroine recovered from accused is small quantity - Conditions of S.37 of NDPS Act not applicable to case, as it is applicable to offences involving commercial quantity - Registration/pendency of other cases against accused is of no..........
RAJASTHAN HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 15, 37, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 175 kg poppy straw - Recovery effected from car which was lying in abandoned condition - Accused was implicated on basis of agreement of sale executed by original owner of car in favour of accused - However, there is no document available on record to prove sale of offending..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2016
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, Criminal Procedure Code, 1973, Section 439-- Offence u/ss 21, 25 and 29 of NDPS Act - Petitioner involved in case on the basis of statement of co-accused - No recovery effected from him - Bail granted...........

Showing : 11-20 of 103 Results