Showing : 31-40 of 93 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Default bail - Proclaimed offender - Offence under NDPS Act - Challan not presented within 180 days i.e. prescribed period and application for grant of bail filed after expiry of 180 days - Held, bare perusal of S.167 (2) Cr.P.C. shows that there is no distinction that a proclaimed offender will..........
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...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2013
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22-- Drugs and Cosmetics Act, 1940 - Bail - Recovery of five packets of Alprazolam tablets - Each packet containing 100 tablets and small packet of intoxicating powder weighing 50 gms - Entire material recovered contained Alprazolam - Alprazolam is also covered by schedule-H of Drugs and Cosmetics Act,..........
KERALA HIGH COURT
Year of decision: 2012
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Bail - One of the ingredients for grant of bail is that Court must be satisfied that accused is not likely to commit any offence while on bail - 'Any offence' includes any offence under any penal statute...........
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..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37-- Offence under Narcotic Drugs & Psychotropic Substances Act - Accrual of right of bail on account of non-submission of charge sheet within statutory period - However, charge sheet submitted before accused could be released on bail upon completion of formalities - Held, right to get released on bail..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Criminal Procedure Code, 1973, Section 167(2)-- Bail - Detention beyond period of 180 days - Contraband substance allegedly recovered from the accused falls within the meaning of commercial quantity - Discretionary power vests in Special Judge under NDPS Act - Period of limitation for completing investigation and initiation of complaint 180..........
KARNATAKA HIGH COURT
Year of decision: 2010
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A-- Bail - Detention beyond period of 180 days - Contraband substance allegedly recovered from the accused falls within the meaning of commercial quantity - Discretionary power vests in Special Judge under NDPS Act - Period of limitation for completing investigation and initiation of complaint 180..........

Showing : 31-40 of 93 Results