Showing : 231-240 of 2570 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Contraband - Provision of S.37 of the Act overrides the provision of bail u/s 439 Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 22, Criminal Procedure Code, 1973, Section 439-- Bail - Recovery of 59 gms of buprenorphine - Recovery effected from accused falls within commercial quantity of contraband - Provision of S.37 of the Act comes into play - Although accused intends to take shelter of R.66(2) of Rules, but he has taken a specific plea that totally false and..........
PATNA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 482, 389-- Recall of order - Accused seeking bail pending appeal - Appeal dismissed by entering into merits of case - Right of accused prejudiced - Impugned order recalled in exercise of inherent powers of Court u/s 482 Cr.P.C...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Probation of Offenders Act, 1958, Section 4(1), Indian Penal Code, 1860, Section 323, 325, 34-- Benefit of probation - Offence u/ss 323, 325, 34 IPC - Property dispute between parties - Petitioners have no criminal history - Even during period of bail, petitioners not misused said liberty - Incident occurred in 1982 - Passage of time may not mitigate rigour of their guilt, but it is..........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Offence under NDPS Act - Grant of bail when an accused is charged with specific offences under NDPS Act is impaired and circumscribed by rigorous negative pre-conditions enumerated in S.37 of NDPS Act - Stipulations in S.37 of NDPS Act are negative, intended to restrict power to grant bail..........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 42(2), 37-- Recovery of 93.900 kg cannabis - Bail - Non-compliance of S.42(2) of the Act - At the stage of granting bail, presence of Gazetted Officer at the time of seizure and recovery of articles and subsequent arrest of accused, amounts to substantial compliance of S.42(2) of the Act, if not for literal..........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Recovery of 93.900 kg cannabis - Bail - Secret information - Accused found involved in illicit trade of NDPS - Due compliance of provision of S.42 of the Act made out - Independent witnesses joined the search and seizure process - Twin tests as enumerated in S.37 of the NDPS Act not satisfied by..........
TRIPURA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 439-- Bail - Twin tests as enumerated in S.37 of NDPS Act are to be satisfied by Court while considering grant or rejection of bail - Failure to satisfy two conditions would disentitle accused to get privilege of bail...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 15-- Recovery of 12 kg of poppy husk - Reduction of sentence - Non-commercial quantity - FIR pertains to the year 2002 - Accused is facing litigation since then and has never misused the concession of bail granted to him during trial as well as during pendency of appeal as it is apparent from custody..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20-- Bail - Offence u/s 20 NDPS Act - Recovery of 31 kgs of bhang - As bhang is excluded from operation of NDPS Act, therefore, bhang is not a narcotic and as such prohibition engrafted in S.8 NDPS Act cannot apply to possession or sell or purchase of bhang - Moreover, all witnesses are official..........

Showing : 231-240 of 2570 Results